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 object of the contract with NLTS is exclusively the technical support in the application for information from credit agencies, e.g. pursuant to Art. 15 DSGVO and here exclusively the preparation of application forms by NLTS on behalf of the ordering party as well as the dispatch of the application to the agency concerned. This service is provided exclusively by electronic means. NLTS does not owe any legal advice or financial service and is not entitled to do so. As far as legal services are needed in connection or a lawyer's activity even appears to be advantageous, NLTS will recommend the engagement of a law firm. NLTS has no contractual relationship with the credit agencies and has no influence on their answers or other behavior. NLTS is also not obliged to inquire with the credit agencies, to negotiate with them or to bring about any reaction.
NLTS recommends to print or save these GTC as well as the other legal and contractual texts for the documentation of the respective business transaction.
A comprehensive storage of the contract texts for the respective business transaction does not take place by NLTS.
- Scope, definitions of terms, and how to contact us:
1.1 These GTC apply to all contracts that Ordering Parties conclude with NLTS for the services presented on this portal (cf. Section 1.4).
1.2 Any inclusion of the ordering party's own terms and conditions is hereby objected to, unless otherwise expressly agreed in writing.
1.3 "Ordering Party" within the meaning of these GTC shall be understood to include 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 can predominantly be attributed neither to his commercial nor to his independent professional activity.
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 his commercial or independent professional activity.
1.4 Services in the sense of these GTC are all products and services that can be purchased from NLTS.
1.5 Contacting NLTS can be done by mail at the address NLTS Global Analytics s. r. o. NLTS can be reached at Malá 43/6, 301 00 Plzeñ, CZ, e-mail: [email protected] or via chat in the lower right 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 parties to submit a binding contractual offer (so-called invitatio ad offerendum/invitation to submit an offer).
2.2 The legally binding submission of the offer by ordering parties shall take place by clicking the button "order with costs". NLTS shall be entitled to reject an offer until acceptance. The contract shall only be concluded upon receipt of the declaration of acceptance by NLTS, which is usually sent in text form by e-mail immediately after submission of the offer.
2.3 The provision of the service shall give rise to a claim for payment on the part of NLTS. The costs will be explicitly pointed out within the scope of the order. Ordering parties will receive a one-time invoice with VAT. No subscription is concluded. If a further service is requested, a new contract with costs 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 required to execute the order in the order form. They will be asked to confirm that all data is correct and has been checked again before placing the order.
3.2 By clicking the button "order with costs", the ordering parties submit their binding offer to the provider.
3.3 NLTS shall thereupon send an order confirmation by e-mail, which shall at the same time constitute acceptance of the contract offer of the ordering parties. The contract shall be legally binding upon receipt of this e-mail by the ordering parties, subject to clause 4.
- Cancellation Policy:
4.1 Consumers within the meaning of Section 13 of the German Civil Code (BGB) shall have a statutory right of revocation in the context of distance selling.
Cancellation policy for consumers
Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us
Address NLTS Global Analytics s. r. o.
Malá 43/6, 301 00 Plzeñ
CZ
E-mail: [email protected]
by means of a clear declaration (e.g. a letter sent by mail or an e-mail) about your decision to revoke this contract. You can use the attached (section 4.3) sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation:
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
4.2 The right of revocation shall expire 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 cancellation 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
E-mail: [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 applicable
- Obligations of the Ordering Party:
5.1 Ordering Parties affirm that they are of legal age and that they truthfully provide all information required for the execution of the contract and, if applicable, immediately notify any changes relevant to the contractual relationship, in particular a change of residence or name.
5.2 Order processing and contacting shall generally take place by e-mail within the scope of automated order processing.
Ordering parties must therefore provide a valid e-mail address for order processing, under which the e-mails sent by NLTS can be received.
In particular, it is also incumbent on the ordering party to ensure that access to the e-mails sent by NLTS is not impaired by the use of a SPAM filter or similar technical equipment.
5.3 Ordering parties are obliged to fill in all fields marked as mandatory fields correctly and completely during registration. Incorrect information or pseudonyms are not permitted. A later correction or completion of the information after submission of the offer is not possible. NLTS is not obliged to check the information provided by the ordering party for authenticity, conclusiveness or errors. If the application to the credit agency fails due to such errors, this is the responsibility of the ordering party. In such cases, NLTS will not refund the payment.
- Prices, terms of payment and default:
6.1 The prices stated in the online store of NLTS are total prices (final prices), i.e. they include all price components, including the statutory German value added tax.
6.2 NLTS offers the following methods of payment: Payment on account.
6.3 Payment shall be made as follows: the Customer shall receive an invoice by e-mail. This is to be transferred within seven days to the account of the provider specified in the invoice.
6.4 For damages due to late payment and the costs and expenses incurred by us for this, we reserve the right to charge the ordering party for the costs incurred. Furthermore, we reserve the right to charge the statutory default interest as well as to assign the claim to a collection agency for further enforcement or to instruct this agency to enforce the claim on our behalf or to instruct a law firm.
6.5 For chargebacks by the bank or credit card company for which the ordering party is responsible, NLTS shall charge the fees incurred plus a processing fee of EUR 39.90. The bank or credit card company shall not be liable for such chargebacks.
- Service provision/issuance of the information by the credit agency:
7.1 The service will be provided after acceptance of the contract by NLTS. In the event that a longer processing time is foreseeable, NLTS will inform by e-mail. The service provision consists exclusively of the preparation 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 obliged to prepare and send the application forms to the respective credit agency, but not to cause the credit agency to take action.
- Liability:
8.1 NLTS shall be liable to the Ordering Parties in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.
8.2 In other cases, NLTS shall be liable - unless otherwise provided for in para. 3 - only in the event of a breach of a contractual obligation, the fulfillment of which enables the proper performance of the contract in the first place and on the compliance with which Ordering Parties may regularly rely (so-called cardinal obligation), and limited to the compensation of the foreseeable and typical damage. This limitation of liability shall also apply in favor of vicarious agents. In all other cases, liability is excluded subject to the provision in paragraph 3.
8.3 Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain 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 pursuant to these GTC shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of 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 its habitual residence abroad, the mandatory provisions of this state shall remain unaffected. Contract language is German.
10.2 As far as ordering parties are merchants according to the German Civil Code (BGB), legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be 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 para. 1 no. 13 EGBGB.