General terms and conditions and consumer information

Status: 24.11.2022

The following General Terms and Conditions (GTC) apply in the version valid at the time of the respective order exclusively to the services of the portal "selbstauskunft.de" (hereinafter: the portal) of NLTS Global Analytics s. r. o (hereinafter: NLTS). NLTS can be reached at Malá 43/6, 301 00 Plzeñ, CZ, e-mail: [email protected].

The subject matter of the contract with NLTS is exclusively technical support in requesting information from credit agencies, e.g. in accordance with Art. 15 GDPR, and here exclusively the creation of application forms by NLTS on behalf of the ordering party and the sending of the application to the relevant agency. This service is provided exclusively by electronic means. NLTS does not owe any legal advice or financial services and is not authorized to do so. If legal services are required in connection with this or if legal representation appears to be advantageous, NLTS will recommend engaging a law firm. NLTS has no contractual relationship with the credit agencies and has no influence on their responses or other conduct. NLTS is also not obliged to make inquiries with the credit agencies, negotiate with them, or elicit any response.

NLTS recommends that you print out or save these General Terms and Conditions and other legal and contractual texts for your own records of the respective business transaction. NLTS does not store the contractual texts for the respective business transaction in their entirety.

Scope, definitions of terms, and how to contact us:

1.1 These General Terms and Conditions apply to all contracts that customers conclude with NLTS for the services presented on this portal (see section 1.4).

1.2 The inclusion of the purchaser's own terms and conditions is hereby rejected, unless otherwise expressly agreed in writing.

1.3 "Ordering parties" within the meaning of these General Terms and Conditions are both consumers and entrepreneurs within the meaning of the German Civil Code (BGB).

1.3.1 A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3.2 An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 Services within the meaning of these GTC are understood to be all products and services that can be purchased from NLTS.

1.5 NLTS can be contacted by post at the address NLTS Global Analytics s. r. o. NLTS can be reached at Malá 43/6, 301 00 Plzeñ, CZ, email: [email protected] or via the chat function in the bottom right-hand corner of the website.

Regulations on the conclusion of the contract/cost of the services:

2.1 The services presented by NLTS on the portal do not constitute legally binding offers to conclude a contract, but serve as an invitation to the ordering party to submit a binding contractual offer (known as an invitatio ad offerendum/invitation to submit an offer).

2.2 The legally binding submission of the offer by the purchaser is made by clicking on the "order with obligation to pay" button. NLTS is entitled to reject an offer until acceptance. The contract is only concluded upon receipt of the declaration of acceptance by NLTS, which is usually sent in text form by email immediately after the offer has been submitted.

2.3 NLTS is entitled to remuneration for the provision of the service. The costs are explicitly stated in the order. Customers receive a one-time invoice with VAT shown separately. No subscription is concluded. If further services are desired, a new contract subject to a fee must be concluded.

Detailed description of the ordering process:

Pursuant to Section 312i (1) Sentence 1 No. 2 BGB in conjunction with Article 246c No. 1 EGBGB, the individual technical steps leading to the conclusion of the contract must be made available by NLTS.

3.1 Ordering parties shall enter the personal data necessary for the execution of the order in the order form. They will be asked to confirm that all data is accurate and has been checked again before placing the order.

3.2 By clicking on the "Place order" button, the customer submits a binding offer to the provider.

3.3 NLTS will then send an order confirmation by email, which also constitutes acceptance of the customer's contract offer. Subject to clause 4, the contract is legally binding upon receipt of this email by the customer.

Cancellation Policy:

4.1 Consumers within the meaning of § 13 BGB (German Civil Code) have a statutory right of withdrawal in the context of distance selling.

4.2 The right of withdrawal expires early in the case of contracts for the provision of our services under the following conditions:

In the case of a contract with costs, with the complete provision of the service (preparation and dispatch of the application form), if the Ordering Parties, prior to the provision of the service, a) have expressly consented to NLTS commencing the provision of the service before the expiry of the withdrawal period (Opt-In), b) this consent has been communicated in accordance with lit. a) and c) the Ordering Parties have confirmed their knowledge that their right of withdrawal expires with the complete performance of the contract by NLTS (Opt-In).

4.3 Sample withdrawal form

(If you want to cancel the contract, please fill out and return this form).

To:
Address NLTS Global Analytics s. r. o.
Malá 43/6, 301 00 Plzeñ
CZ
Email: [email protected]

I/we hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in case of notification on paper)

Date

___________________________
(*) Delete as appropriate.

Obligations of the Ordering Party:

5.1 Customers warrant that they are of legal age and that all information required for the execution of the contract is true and accurate, and that they will immediately notify the company of any changes relevant to the contractual relationship, in particular a change of residence or name.

5.2 Order processing and contact are usually carried out by email as part of an automated order processing system. Ordering parties must therefore provide a valid email address for order processing, at which emails sent by NLTS can be received. In particular, it is also the responsibility of the ordering parties to ensure that access to emails sent by NLTS is not impaired by the use of spam filters or similar technical devices.

5.3 Ordering parties are obliged to fill in all fields marked as mandatory during registration correctly and completely. Incorrect information or pseudonyms are not permitted. It is not possible to correct or add to the information after the offer has been submitted. NLTS is not obliged to check the information provided by the customer for authenticity, consistency, or errors. If the application to the credit agency fails due to such errors, this is the responsibility of the customer. In such cases, NLTS will not refund the payment.

Prices, terms of payment and default:

6.1 The prices listed in the NLTS online shop are total prices (final prices), i.e., they include all price components, including statutory German value added tax.

6.2 NLTS offers the following payment methods: Payment on account.

6.3 Payment shall be made as follows: the customer shall receive an invoice by email. This shall be transferred to the provider's account specified in the invoice within seven days.

6.4 We reserve the right to charge the purchaser for any costs incurred by us as a result of late payment and the associated expenses. Furthermore, we reserve the right to charge statutory default interest and to assign the claim to a debt collection agency for further enforcement, or to instruct the agency to enforce the claim on our behalf, or to instruct a law firm.

6.5 NLTS will charge the fees incurred plus a processing fee of EUR 39.90 for chargebacks by the bank or credit card company for which the customer is responsible.

Service provision/issuance of the information by the credit agency:

7.1 The service will be provided after NLTS has accepted the contract. If a longer processing time is foreseeable, NLTS will inform you of this by email. The service consists exclusively of the creation and dispatch of application forms. The information itself will be sent directly to you by the credit agency concerned as the debtor of the requested information.

7.2 NLTS does not assume any procurement risk. NLTS is only obligated to create and send the application forms to the respective credit agency, but not to ensure that the credit agency takes action.

Liability:

8.1 NLTS shall be liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

8.2 In other cases, NLTS shall only be liable—unless otherwise specified in paragraph 3—for breaches of contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the customer may regularly rely (so-called cardinal obligations), limited to compensation for foreseeable and typical damage. This limitation of liability also applies in favor of vicarious agents. In all other cases, liability is excluded, subject to the provision in paragraph 3.

8.3 Liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

Copyrights:

NLTS has acquired copyrighted rights or such rights, such as rights of use, from third parties to images, films and texts on this website. Any use of images, films and texts therefore requires a request and express consent from NLTS. Such consent may also be refused.

Jurisdiction, Applicable Law and Contract Language:

10.1 The contract in accordance with these General Terms and Conditions is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the ordering party is a consumer within the meaning of the German Civil Code (BGB) and has their habitual residence abroad, the mandatory provisions of that country remain unaffected. The contract language is German.

10.2 If the customer is a merchant, legal entity under public law, or special fund under public law according to the German Civil Code (BGB), the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of NLTS.

Code of Conduct:

NLTS has not submitted to any codes of conduct within the meaning of §312d in conjunction with Art. 246a § 1 (1) No. 13 EGBGB.