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GENERAL TERMS AND CONDITIONS

Table of Contents

  • Scope of Application

  • Subject Matter of the Contract

  • Conclusion of the Contract

  • Compensation

  • Service Disruptions

  • Applicable Law

  • Jurisdiction

  • Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Fuder GmbH (hereinafter referred to as "Broker") apply to all contracts for the brokerage of contracts (hereinafter referred to as "Main Contract") that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Broker via the Broker's website. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legally responsible partnership that, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Subject Matter of the Contract

The subject of the contract governed by these GTC between the Customer and the Broker is the brokerage of contracts that are concluded between the Customer and a third-party provider (hereinafter referred to as "Provider"). The content of the Main Contract is derived from the respective product or service description on the Provider's website. The Broker’s obligation is limited to forwarding the Customer via electronic linking on its website to the respective Provider’s offer. The Broker does not become a party to the Main Contract and does not accept any declarations of intent related to the Main Contract. Furthermore, the Broker does not guarantee that a contract will actually be concluded between the Customer and the Provider. The fulfillment of the Main Contract is not carried out by the Broker but by the respective Provider. The legal provisions between the Customer and the Provider apply to the Main Contract, as well as any deviating contractual conditions of the respective Provider.

3) Conclusion of the Contract

3.1 The Broker provides the Customer with various advertising links or banners on its website, through which the Customer can be redirected to the offers of the respective Providers by clicking. The provision of these advertising links or banners constitutes a binding offer from the Broker to conclude a brokerage contract, which the Customer can accept by clicking on the respective link or banner.

3.2 The contract text regarding the brokerage is neither stored by the Broker nor accessible to the Customer after the submission of their contractual declaration.

3.3 The language available for concluding the contract is German.

4) Compensation

The brokerage of the Main Contract is free of charge for the Customer. Any costs incurred by the Customer through the mediated Main Contract will be communicated to the Customer in the respective Provider’s offer and, in the event of a contract conclusion, settled directly between the Provider and the Customer. In this respect, the legal provisions between the Customer and the Provider apply, as well as any deviating contractual conditions of the respective Provider.

5) Service Disruptions

5.1 The Broker is liable to the Customer for service disruptions related to the brokerage of contracts in accordance with legal regulations.

5.2 The Broker is not liable for service disruptions in the Main Contract between the Customer and the Provider. Claims regarding service disruptions in the Main Contract must be made directly against the respective Provider.

6) Applicable Law

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

7) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Broker’s place of business.

If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Broker’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. However, in such cases, the Broker is also entitled to bring an action before the court at the Customer’s registered office.

8) Alternative Dispute Resolution

8.1 The EU Commission provides an online dispute resolution platform, which is accessible via the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

8.2 The Broker is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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