The following General Terms and Conditions (GTC) govern the sale of services by Victoria Kazarov & Evgenia Cerkasov GbR, represented by: Mrs. Evgenia Cerkasov, Lagerhausstr. 40, 64653 Lorsch, Phone: 0157 57819306, E-mail: info@billstore.net, hereinafter referred to as the “Provider,” via the online shop at www.billstore.net.
§ 1 Scope of Application
- These GTC apply to all contracts concluded between the Provider and business customers (within the meaning of § 14 BGB) via the online shop at www.billstore.net. Orders from private customers, consumers, or end users are excluded.
- Divergent terms and conditions of the customer do not apply unless the Provider expressly agrees to their validity in writing.
- The scope of the services offered includes: xBillCon – conversion tool for xInvoices.
§ 2 Conclusion of Contract
- The contract is concluded with the Provider: Victoria Kazarov & Evgenia Cerkasov GbR, Lagerhausstr. 40, 64653 Lorsch.
- The contract and negotiation language is German.
- The xBillCon conversion tool is intended exclusively for customers with a delivery address in Germany and is only available to business customers.
- The customer must be at least 18 years old.
- The presentation of services in the online shop does not constitute a legally binding offer but an invitation to submit an order. The customer makes a binding offer by going through the ordering process and clicking the “Pay” button at the end of the payment process. The purchase contract is only concluded by a successful order, which is indicated by a pop-up window.
- The number of remaining visualizations and their validity are saved after the contract is concluded and can be viewed in the customer login area.
- The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are sent by e-mail.
§ 3 Exclusion of the Right of Withdrawal
Business customers (within the meaning of § 14 BGB) do not have a statutory right of withdrawal. Contracts with business customers are binding and can only be canceled in accordance with statutory provisions or the agreed terms of the contract.
§ 4 Prices and Shipping Costs
- Our offer is directed exclusively at business customers. All prices are exclusive of the applicable statutory VAT.
- The prices valid at the time of the order apply. If list prices exist, the list prices at the time of the order apply.
- To place an order, the customer must register and create a customer account.
§ 5 Payment Terms
- Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop (Stripe / PayPal).
- The customer account is activated after successful payment processing.
- Payment by sending cash or checks is not possible.
§ 6 Warranty
If the customer is not a consumer, a defect will be remedied by repair. The Provider may choose whether the supplementary performance is carried out by remedying the defect or by providing a new, defect-free service. For business customers, the limitation period is one year. This limitation does not apply to claims for damages arising from injury to life, body, or health, or in cases of intent or gross negligence.
§ 7 Liability
- The liability of the Provider for breaches of contractual obligations and in tort is limited to intent and gross negligence. This limitation of liability does not apply to injuries to life, body, or health of the customer, to claims arising from the breach of essential contractual obligations (cardinal obligations), or for compensation for delay in accordance with § 286 BGB. In these cases, the Provider is liable for all degrees of fault.
- In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider’s liability is limited to the typical, foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on which the customer may regularly rely.
- The above exclusion of liability also applies to slightly negligent breaches of duty by legal representatives or vicarious agents of the Provider.
- The Provider assumes no responsibility for the content and accuracy of the information in customer registration and profile data as well as other content generated by customers.
- Claims for damages are limited to foreseeable, contract-typical damages. In the event of default, the maximum liability is 5% of the order value.
- Claims for damages based on injury to life, body, or health expire after 30 years; all other claims for damages expire after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or would have become aware without gross negligence (§ 199 para. 1 BGB).
- The Provider is entitled to check texts and uploaded files created by customers for compliance with legal regulations. In the event of violations, the Provider reserves the right to remove such content in whole or in part.
- Liability under the Product Liability Act remains unaffected.
§ 8 Data Protection
- The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The Provider undertakes to treat the customers' data confidentially and not to pass it on to third parties unless the customer has expressly consented or there is a legal obligation to do so.
- The customer has the right at any time to obtain free information about the data stored about them and to request correction, deletion, or restriction of processing.
- Further information on data protection can be found in the Provider's privacy policy.
§ 9 Offsetting and Right of Retention
- The customer is only entitled to offset if their counterclaims have been legally established or are undisputed by the Provider.
- The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
§ 10 Special Provisions for Digital Products and Services
- Digital products are generally provided to the customer via download or e-mail. After receipt of payment, the customer receives the appropriate access data or download links.
- The statutory warranty rights apply to digital products. In the event of a defect, the customer has the right to supplementary performance, i.e., elimination of the defect or delivery of a defect-free product.
- The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider accepts no liability for disruptions or damages caused by inadequate technical requirements on the customer's side.
- For services not provided in the form of physical products or digital content, the statutory provisions on service contracts (§§ 611 ff. BGB) apply.
- The customer undertakes to perform all necessary acts of cooperation in full and on time when making use of services. If the customer fails to do so, the Provider may charge the resulting additional effort.
§ 11 Usage Rights for Digital Content
- With the purchase of a digital product, the customer receives a simple, non-transferable, unlimited right of use to the acquired content, unless otherwise agreed.
- The customer is not permitted to reproduce, distribute, or make the digital content publicly accessible unless this is expressly permitted by contract.
- All copyrights remain with the Provider or the respective rights holder.
§ 12 User Account
- The customer is obligated to provide complete and truthful information when registering and creating the user account. The customer must keep their access data secure and protect it from third-party access. The Provider is not liable for damages resulting from misuse of the access data, unless the Provider is responsible for the misuse.
- The customer may only create one user account. Multiple registrations are not permitted and may result in the suspension or deletion of user accounts. Registration is made with an e-mail address that cannot be changed during the validity of the purchased package. If the customer no longer has access to this e-mail account, unused conversions will be forfeited.
- The customer is required to update any changes to their personal data, especially contact and payment information, in their user account without delay. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse.
- The Provider reserves the right to block or delete the user account if there is evidence of misuse, the customer violates these GTC, or has provided false information during registration. The customer may request the deletion of their account at any time. The Provider will delete the account and all associated data without delay unless legal retention obligations prevent this. After deletion, the customer may only create a new account through re-registration.
- The Provider endeavors to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance or unforeseen events (e.g., force majeure) cannot be ruled out. The Provider is not liable for damages caused by the temporary unavailability of the user account unless the Provider is responsible for it.
- The Provider reserves the right to modify, expand, or restrict functions and content of the user account at any time. Changes to this clause will be communicated to the customer at least four weeks before they take effect via e-mail. If the customer does not object within four weeks of receipt, the changes are deemed accepted. The Provider will specifically point out this legal consequence in the notice of change.
§ 13 Changes to the GTC
- The Provider reserves the right to amend these GTC at any time with effect for the future.
- Changes will be communicated to the customer at least four weeks before they take effect via e-mail.
- If the customer does not object within four weeks after receiving the notice of change, the changes are deemed accepted. The Provider will specifically point out this legal consequence in the notice of change.
§ 14 Force Majeure
- Events of force majeure that significantly impede or make delivery impossible entitle the Provider to postpone delivery for the duration of the hindrance or to withdraw from the contract in whole or in part regarding the unfulfilled portion.
- Force majeure includes all events beyond the control of the Provider that were not foreseeable at the time of contract conclusion, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions not caused by the Provider.
§ 15 Assignment of Contract
- The Provider is entitled to transfer its rights and obligations under this contractual relationship in whole or in part to a third party with four weeks' notice.
- In this case, the customer has the right to terminate the contract with immediate effect.
§ 16 Applicable Law and Jurisdiction
- All legal relationships between the Provider and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn.
- If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered office.
§ 17 Online Dispute Resolution and Participation in Dispute Settlement Procedure
The European Commission provides a platform for online dispute resolution (ODR) available at https://www.ec.europa.eu/consumers/odr. The Provider is willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
§ 18 Final Provisions
- The contract language is German.
- The Provider does not offer products or services for purchase by minors. Products for children may only be purchased by adults. Persons under 18 years may use the website only with the involvement of a parent or guardian.
- If individual provisions of these GTC are invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision that comes closest to the economic intent of the invalid or unenforceable provision.
- Changes or additions to these GTC must be made in writing. This also applies to the cancellation of this written form requirement.
- The Provider reserves the right to make changes to the website, policies, conditions, including these GTC, at any time. The terms and conditions that apply to your order are those in effect at the time of your order, unless a change to these terms is required by law or governmental order (in which case they will also apply to previous orders).
- There are no oral side agreements. Changes or additions to this agreement must be made in writing.