1 Scope
1.1 The following general terms and conditions apply to all legal transactions with consumers and companies with
nugrow Ltd
Georgiou Karaiskaki 11-13
CARISA SALONICA COURT, Flat/Office 102 Pervolia
7560 Larnaca
Cyprus
Hereinafter referred to as “we” or “derStartupCFO.” The legal transactions can be concluded by telephone, e-mail, contact form, Pandadoc, messenger, or via the website.
1.2 The sale of digital products is handled by elopage, a shop provider.
The seller is namotto.lab/Tolga Önal (sole proprietorship)
Uhlandstraße 154, 10719 Berlin.
Since the customer buys his product via this platform and it is also made available via this platform, the terms and conditions of Namotto and EloPage also apply.
These terms and conditions supplement the terms and conditions of Namotto and Elopage.
1.3 The language available for concluding the contract is exclusively German.
Translations into other languages are for informational purposes only. The German text has priority in case of any differences in language usage.
1.4 Only these terms and conditions apply. Conditions used by the customer that conflict with or deviate from these terms and conditions are not recognized by us, unless we have expressly agreed to their validity in writing or in text form.
2 Applicable Law and Consumer Protection Rules
2.1 The law of the Federal Republic of Germany applies, excluding international private law and the UN sales law applicable in Germany, if
a) the customer is habitually resident in Germany, or
b) his habitual residence is in a state that is not a member of the European Union.
2.2 In the event that the customer is a consumer within the meaning of § 13 BGB and has his habitual residence in a member state of the European Union, the applicability of German law also applies, although mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which for the most part cannot be attributed to either their commercial or independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2.3 The version of these terms and conditions valid at the time the order is placed shall apply. The status of the terms and conditions is listed at the end of this.
2.4 The prices apply at the time of booking coaching, buying a product/online course.
2.5 If certain discount or promotional offers are advertised, they are limited in time or quantity. There is no entitlement to it.
(1) Scope
nugrow GmbH, based in Südring 23, 44787 Bochum (“derStartupCFO”, “we”) offers a service for creating, designing and optimizing presentations/pitch decks, documents, financial plans, business plans and other products (“design service”). This service is offered, among other things, on the websites www.derstartupcfo.com. The following general terms and conditions (“GTC”) apply between NuGrow and you (“Customer”, “You”) in the version valid at the time the order is placed.
(2) Contracting parties and subject matter of the contract
The design service includes the creation and/or revision of electronic presentation documents and/or other documents in accordance with the customer's specifications. There are several product packages available to the customer. The type and scope of the design adjustments and other revisions, as well as the file format, is determined by the customer via the booking options on one of NuGrow's websites or by e-mail.
Subsequent changes to the order description require express confirmation from the respective contractual partner in order to be effective.
Subject to another agreement, the respective services are services. Only if all contractual services serve to achieve a specific result is a work contract in this respect. Such a profit agreement must be expressly defined.
In addition, NuGrow owes the customer services in line with the average industry-standard nature and quality.
(3) Design service availability
nugrow stellt den Design-Service während der Geschäftszeiten in der vereinbarten Qualität zur Verfügung. Geschäftszeit ist montags bis freitags von 9:00 Uhr bis 18:00 Uhr MEZ, mit Ausnahme der Wartungsfenster und gesetzlicher Feiertage. Wartungen können täglich jeweils von 0:00 Uhr bis 6:00 Uhr MEZ erfolgen und sofern Wartungsarbeiten zur Aufrechterhaltung des Betriebs dringend erforderlich sind („Wartungsfenster“). Während der Geschäftszeiten steht der Design-Service dem Kunden zu 98 Prozent pro Monat zur Verfügung („vereinbarte Qualität“). nugrow ist stetig um eine Erweiterung der Betriebszeiten bemüht.
(4) Order processing
nugrow ist hinsichtlich der Art der Durchführung der vereinbarten Einzel-Aufträge nach Zeit und Ort frei.
nugrow hat das Recht, sich zur Erfüllung seiner Vertragspflichten Subunternehmer zu bedienen.
nugrow schuldet dem Kunden Leistungen entsprechend der mittleren branchenüblichen Art und Güte. NuGrow hat das Recht, jeden Einzel-Auftrag mit sofortiger Wirkung abzubrechen oder zu beenden.
(5) Conclusion of the contract/usage relationship
By clicking on the “Order” or “Buy” button, the customer submits an offer to NuGrow to conclude a contract in accordance with these terms and conditions. The contract is only concluded upon confirmation of the order or when NuGrow actually carries out the design service.
Only legal entities or commercial users can make use of the design service.
(6) Customer obligations and revisions
The customer is required to provide the content for financial plans,. to make business plans & presentation documents available on the NuGrow website in the file format mentioned there.
The customer is obliged to immediately check delivered work results and to declare acceptance within 14 days in writing or using the NuGrow platform.
If there is no declaration of acceptance, the service provided by NuGrow is considered accepted after the expiry of this period.
If acceptance fails, the customer provides NuGrow with a list of all defects preventing acceptance via the website offered by NuGrow. After a reasonable period of time, NuGrow must provide a defect-free and acceptable version of the respective service/service.
As part of the subsequent audit, only the logged deficiencies are examined insofar as their function can be the subject of an isolated audit.
The customer may not refuse acceptance due to minor defects. However, this is subject to the immediate elimination of the deficiencies by NuGrow. These deficiencies must be listed individually in the acceptance report.
The customer is entitled to up to three revision loops. Further revision loops will be charged at 25% of the respective order value.
Communication between customer and NuGrow takes place exclusively via the communication channels described on the NuGrow website.
(7) Legal obligations to cooperate
The customer ensures that the content provided by him is free from third-party rights and that its publication does not violate applicable law in any way. The content provided also includes content and its sources that the customer recommends or suggests to NuGrow with regard to their task performance.
Should a third party claim the infringement of rights or other legal violations with NuGrow, NuGrow will immediately inform the customer. In this case, the customer has the right to assume the defense and indemnifies NuGrow from all claims and damages.
(8) Scope of transferred rights of use
NuGrow transfers to the customer the usage rights required for the respective purpose of the service to its work results (hereinafter referred to as “protectable service”) in the scope of use, duration of use and geographical scope corresponding to the order description. Unless otherwise agreed, a simple right of use is transferred in each case.
The rights to use the protectable services are only transferred to the customer after full payment of the remuneration by the customer.
NuGrow is entitled to name the customer as a reference with a summary of the results achieved, subject to any confidentiality obligations or deviating agreements.
(9) Compensation
NuGrow receives a fee for the provision of the service in accordance with the booking option selected by the customer on the website or an offer made individually by NuGrow. 100% of the remuneration is due upon appointment, unless otherwise expressly agreed in advance. NuGrow has the right to automatically charge a payment method stored by the customer (e.g. credit card, PayPal, SEPA direct debit mandate) for this purpose and, if necessary, to authorize a reasonable additional amount for further services. Different payment terms may be agreed in writing between the contracting parties.
Subject to an express provision to the contrary, all amounts mentioned are net amounts, i.e. plus statutory sales tax.
If the contract ends prematurely, NuGrow is entitled to compensation that corresponds to the services provided up to the end of the contract.
A contract under the framework conditions described in these terms and conditions is concluded upon acceptance and signature of the sent offer. Nugrow GmbH is to be understood as a contractor, and on the customer side, it is the client who is legally valid, providing the full address.
(10) Liability
NuGrow, its legal representatives and vicarious agents are liable for (i) intent and gross negligence, (ii) injury to life, limb or health, (iii) for fraudulently concealed defects and (iv) in the event of assuming a warranty in accordance with statutory provisions.
In the event of slight negligence, NuGrow is only liable for the breach of essential contractual obligations and limited to the foreseeable damage typical of the contract. Significant contractual obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the end user can regularly rely.
Liability under the Product Liability Act remains unaffected.
Contractor services
In order to fulfill the tasks set out in §1, the contractor will in particular provide the following services:
Pitch deck preparation: (in English)
New content & design of a pitch deck in English for sending and presenting to investors with the following content (the following numbering stands for slides. All content can be adapted upon request. The goal should be to exceed a total number of slides of 15 slides, a maximum of 18 slides:
The following additional slides can also be added in the context of the equity story:
Further services in the context of pitch deck creation:
The scope of the business plan includes:
New content & design of a business plan in English to send and present to investors with the following content:
The completed business plan is approximately 25-30 pages.
Further services in the context of preparing a business plan:
New content of a financial plan to send and present to investors with the following content:
Financial plan for fundraising:
(12) The contractor is obliged to maintain secrecy about all information that becomes known to him in connection with his work for the client, regardless of whether it concerns the client himself or his business relationships, unless the client releases him from this duty of confidentiality.
The contractor is obliged to process personal data entrusted to him only as part of his work in connection with the present contract
or to have it processed. The data must be deleted immediately after termination of the contract. If the involvement of third parties is necessary, the contractor must impose the same obligations on the third party accordingly.
1 Scope
(1) The following general terms and conditions apply to all legal transactions vis-à-vis consumers and companies with
nugrow Ltd., ansässig Georgiou Karaiskaki 11-13, 7560 Larna, Zypern
Hereinafter referred to as “we.” The legal transactions can be concluded by telephone, e-mail, contact form, messenger, or via the website.
(2) The sales process for digital products is handled by elopage, a shop provider. The seller is namotto.lab/ Tolga Önal (sole proprietorship) Uhlandstraße 154, 10719 Berlin.
Since the customer buys his product via this platform and it is also made available via this platform, the terms and conditions of Namotto and EloPage also apply. These terms and conditions supplement the terms and conditions of namotto and elopage.
(3) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text has priority in case of any differences in language usage.
(4) These terms and conditions apply exclusively. Conditions used by the customer that conflict with or deviate from these terms and conditions are not accepted by us, unless we have expressly agreed to their validity in writing or in text form.
2 Applicable Law and Consumer Protection Rules
(1) The law of the Federal Republic of Germany applies, excluding international private law and the UN sales law applicable in Germany, if
a) you have your habitual residence in Germany, or
b) Your habitual residence is in a state that is not a member of the European Union.
(2) In the event that you are a consumer within the meaning of Section 13 BGB and have your habitual residence in a member state of the European Union, the applicability of German law also applies, although mandatory provisions of the state in which you have your habitual residence remain unaffected. A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which for the most part cannot be attributed to either their commercial or independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) The version of these terms and conditions valid at the time of ordering applies. The status of the terms and conditions can be found at the end of the document.
(4) The prices apply at the time of booking coaching, buying a product/an online course.
(5) Should certain discount or promotional offers be advertised, these are limited in time or quantity. There is no entitlement to it.
3 Subject matter of the contract and general information
The subject of the contract is the following services:
- all online courses on Nugrow.de
4 Conclusion of the contract, orders via our website
(1) You book the course via the website www.derstartupcfo.com by completing the following steps:
a) Click on the “Online courses” category and there you will find an option to choose between the various courses.
b) Here you can select the desired course and then access the page of the respective product. There you can find all information, content and the price.
c) If you have decided to take part in an online course, click on the “Register now” button.
d) You will then be taken to an elopage page (the seller namottolab uses the entire elopage infrastructure for the sales process), a service that
elopay GmbH
Kurfürstendamm 182
10707 Berlin
germany
Please enter the data required for sales processing here. You can also choose a payment method.
(2) Payment options include payment by credit card, prepayment, instant bank transfer or payment via PayPal.
a) PayPal: By selecting the payment method “PayPal” and confirming “Buy now”, you will be redirected to the PayPal login page. After successful login, your address and account details stored with PayPal will be displayed. Payment is processed via PayPal on their terms. The provider of the service is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal's terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
b) Visa MasterCard: By clicking on “Continue with credit card”, you can store your data via a more secure connection and complete the order with the “Buy now” button. A connection to the respective bank is then established.
(3) Before completing the order, by clicking in the respective boxes, you give your consent to the storage and processing of your data and your consent to elopage's terms and conditions, these terms and conditions and the right of withdrawal. You can find all texts linked there. You must also agree that you waive your right of withdrawal.
(4) Finally, click on the “Buy Now” button and make a binding offer. By doing so, you are offering Epage the conclusion of a purchase contract via online course booking.
(5) Immediately after sending, you will receive a confirmation email from elopage with the login details for your course. At that moment, the contract was concluded. If you already have an elopage customer account, you can log in with your data. The course is then added to your account.
5 Delivery and access to digital products
It is about access to digital products.
(1) If you pay in advance, there may be a delay in the delivery of the product. When you pay via PayPal or credit card, you get immediate access to your product.
(2) You will receive the login details for your digital product via email or via your elopage account area after registration. You can download the product via this link.
(3) The login details (user name, password, etc.) provided by you during registration must be kept secret and not made available to unauthorized third parties. In particular, please make sure that you also choose a secure password.
(4) Please ensure that access to and use of paid products using your user data is provided exclusively by you or authorized users. If there are facts that justify the assumption that unauthorized third parties have gained knowledge of your login details, you should inform us immediately so that we can block or change it.
(5) We may temporarily or permanently block your access if there is concrete evidence that you are violating or have violated these terms and conditions and/or applicable law, or if we have another legitimate, significant interest in blocking them. When deciding whether to block, we will adequately consider your legitimate interests.
(6) Access is only entitled after payment for the digital product has been made.
(7) Please note the following special features regarding booking and use of individual 1:1 coaching:
a) Appointments can only be booked 14 days in advance so that we can optimally prepare for your analysis.
b) You can rebook your zoom appointment free of charge up to 48 hours before the appointment by sending an email to [email protected].
c) Appointments that are canceled later than 48 hours before the zoom date can unfortunately no longer be rebooked.
d) Please use your analysis no later than 6 months after purchase. Account analyses that are used later than 6 months after purchase can unfortunately no longer be processed for organizational reasons.
6 Collection, storage and processing of your personal data
(1) To carry out and process a booking, we need the following data from you:
- email address
- First and last name
- address data (for issuing invoices)
For some of our order processing products, we use the provider “elopage”, which also uses the data provided for order processing. You can view the privacy policy here:
https://elopage.com/privacy
(2) If you want to create a customer account, elopage requires the data specified in paragraph 1 and a password of your choice.
(3) We use the data you provide without your separate consent exclusively to fulfill and process your order (s), for example to deliver goods to the address you have provided. When paying by bank transfer, elopage also uses your bank account or credit card details to process payments. Any further use of your personal data for purposes of advertising, market research or to tailor further offers to meet your needs requires your express consent.
(4) Without setting up a user account, elopage only stores the data you provide within the scope of tax and commercial obligations.
(5) If you change your personal information, you are responsible for updating it yourself. You can make the changes via elopage. To do this, you will either be provided with a link in the purchase confirmation or you can contact support: [email protected].
7 Right of withdrawal for consumers
(1) As a consumer, you have a right of withdrawal in accordance with the instructions set out in the appendix.
A consumer is any natural person who concludes a legal transaction for purposes which for the most part cannot be attributed to their commercial or independent professional activity.
(2) The cancellation period begins with the conclusion of the contract. The contract is concluded the moment you receive confirmation from us that you have booked the product.
(3) For digital products, there are the following special features with regard to the right of withdrawal:
a) If a digital product (e.g. an online course, an e-book, an audio file, etc.) is purchased and you get/receive the entire content directly, you waive your right of objection.
b) We refer to this directly BEFORE completing the order, with the following wording:
“Nugrow's general terms and conditions apply. For digital goods, the 14-day right of return usually does not apply. However, we offer you a voluntary 14-day money-back guarantee. If you use the knowledge from our online course and don't see any results, we'll refund you the full purchase amount. ”
(4) Individual coaching has the following special features with regard to the right of withdrawal:
a) If the individual 1:1 coaching is purchased, you waive your right of objection.
b) We refer to this directly BEFORE completing the order, with the following wording:
“I hereby waive my right of withdrawal to the extent that the service has already been provided directly. ”
8 Volunteer 14-day money back guarantee
(1) We want you to be really happy with our course. If you've watched the course, implemented some initial tips and still realize that the course isn't for you, you'll get your money back.
(2) But in order for us to refund your money, we need to be sure that you've really tried to implement our best practices.
To return online courses, you must prove that you:
(3) If you can prove all of the above points and bought the course exactly 14 days ago (it also depends on the exact time when calculating) or less, send us an email to [email protected] with the proofs mentioned under (2) and we will refund your course fee. Please note that we only accept cancellations via email to [email protected].
9 Prices, terms of payment, installments and due dates
(1) Our prices are net prices (excluding statutory value added tax).
(2) The possible payment methods (e.g. invoice, PayPal, credit card or direct debit) may vary per product.
(3) An invoice is always sent to you by email in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to us within 7 days.
(4) Access to the respective offers is made dependent on prior receipt of payment. In the case of payment by invoice, approval may only be carried out once the amount has been credited to our account.
(5) If the customer is in default of payment or otherwise in default, we are entitled to refuse service or delivery until all payments due have been made. In addition to default interest in the amount determined by law, the customer must pay 5.00 EUR (consumer) or 40€ (lump sum reminder fee for entrepreneurs) per reminder from us. We are still entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage that may arise. These rights are without prejudice to other contractually agreed or statutory rights and claims made by us.
(6) In some cases, we also offer payment in installments. The total amount is increased compared to a full payment. An early termination of an installment payment agreement is possible by way of early repayment - you have the right to pay part or all of the full amount (but then the increased installment payment amount) at any time before the end of the agreed period.
(7) Late payments, both in the case of purchase on account and in installment purchases as well as when paying via SEPA basic direct debit, are subject to default interest of the agreed amount as well as costs for appropriate reminders. If the internal dunning process is not successful, we can hand over the outstanding claim to a lawyer for enforcement. In this case, you may incur costs for legal representation.
(8) If a SEPA direct debit mandate issued by you is terminated without legal reason, you must pay for legal advice in addition to the bank charges for chargebacks. In addition, such action can also result in criminal consequences.
(9) If we have agreed on an installment payment and you do not pay following a reminder in text form and setting a grace period, we are entitled to end the installment payment early and the entire outstanding amount is then immediately due.
(10) You are not entitled to assert or offset a right of retention against payment claims made by us, unless these are undisputed or titled counterclaims.
(11) In the event that there are any discrepancies regarding your payments, this will be regulated by our payment provider Namotto. In this case, Namotto will decide — in consultation with us — how to proceed.
10 Know-how protection and trade secrets
(1) You are aware of the fact that all information that you receive during our cooperation about the way we provide our services (use ideas, concepts and operating experience (know-how) developed by us and which must be kept secret due to, in particular, legal regulations or the nature of the matter, is subject to trade secrecy.
For this reason, you agree to maintain trade secrecy and to maintain secrecy about the above information. In addition, you are not allowed to use this information outside of our contract. Commercial use is prohibited in any case and always requires express permission from us. The obligation to maintain trade secrets has an effect beyond the end of the cooperation between the parties.
(2) Confidentiality does not include the following information, which was already known before confidentiality obligations, was developed independently of us, was or is publicly available upon receipt of information or was subsequently publicly available through no fault of the contractor.
(3) An appropriate contractual penalty is due for any breach of confidentiality.
11 Copyright on our records and documents and online courses
(1) The files and documents may only be retrieved (download) and printed out by you as our customer and only for your own training. The download and printing of files is only permitted within this framework. In this respect, as a customer, you can also have the printout done with technical support from third parties (e.g. a copy shop).
In addition, all rights to use the files and documents are reserved. That means you won't get any additional terms of use. Therefore, in particular, the production of copies of files or printouts for third parties, the transfer or transfer of files to third parties or any other use for purposes other than our own study, whether for payment or free of charge, requires the express prior written consent of us. Full or partial commercial use is excluded.
(2) The brands and logos listed on the documents are protected under copyright law. As a customer, you are obliged to use the documents and files available to you only to the extent expressly permitted here or permitted by mandatory legal regulation, even without our consent, and to prevent unauthorized use by third parties. This continues to apply even after the consultation has ended.
(3) Forms of use that are permitted on the basis of mandatory legal provisions are, of course, excluded from this consent requirement.
12 Own provision of suitable IT infrastructure and software
As a participant, you are responsible for providing and ensuring Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software (in particular web browsers and PDF programs such as Acrobat Reader®) (possibly adding further technical requirements here) yourself and at your own expense and risk.
13 Liability for documents and documents
(1) In our online courses, we provide recommendations for action. You alone are responsible for implementing these recommendations. A specific success cannot be promised.
(2) The documents we give you are general samples. You must adapt these patterns and then fill them out for your purposes. No liability is assumed for the completeness and timeliness of these samples.
C 1 Conclusion of contract
C 1.1 The product descriptions contained in the NuGrow online shop do not represent binding offers on the part of NuGrow, but serve to make a binding offer by the customer.
C 1.2 The customer can submit the offer via the online order form integrated into the NuGrow online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking on the button that concludes the ordering process. In addition, the customer can also submit the offer to NuGrow by telephone, e-mail or post.
C 1.3 NuGrow can accept the customer's offer within five days
If there are several of the above alternatives, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer has been sent by the customer and ends at the end of the fifth day following the sending of the offer. If NuGrow does not accept the customer's offer within the above period, this is considered a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
C 1.4 If the payment method “PayPal Express” is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if the customer does not have a PayPal account — under the conditions for payments without a PayPal account, available under the conditions for payments without a PayPal account, at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as a payment method as part of the online ordering process, he also sends a payment order to PayPal by clicking on the button that completes the order process. In this case, NuGrow already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking on the button that completes the order process.
C 1.5 When submitting an offer via NuGrow's online order form, the contract text is saved by NuGrow and sent to the customer in text form (e.g. e-mail, fax or letter) after sending their order together with these terms and conditions. In addition, the contract text is archived on NuGrow's website and can be retrieved free of charge by the customer via his password-protected customer account, providing the appropriate login details, provided that the customer has created a customer account in the NuGrow online shop before sending his order.
C 1.6 Before submitting the order via NuGrow's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, which helps to enlarge the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
C 1.7 Only the German language is available for the conclusion of the contract.
C 1.8 Order processing and contact generally take place via e-mail and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by NuGrow can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by NuGrow or third parties commissioned by NuGrow to process the order can be delivered.
C 2 Prices and terms of payment
C 2.1 Unless otherwise stated in the product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.
C 2.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which NuGrow is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rates) or import duties or taxes (e.g. customs duties). Such costs may arise with regard to the transfer of money even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
C 2.3 The payment option (s) is/are notified to the customer in the online shop.
C 2.4 If prepayment via bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
C 2.5 When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if the customer does not have a PayPal account — under the conditions for payments without a PayPal account, visible under the conditions for payments without a PayPal account, under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
C 3 Delivery and shipping conditions
C 3.1 Goods are delivered by dispatch to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing is decisive.
C 3.2 If the transport company returns the shipped goods to NuGrow because delivery to the customer was not possible, the customer bears the costs of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless NuGrow had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal by the customer, the relevant provision in the cancellation policy applies.
C 3.3 Self-collection is not possible for logistical reasons.
C 3.4 Digital content is provided to the customer exclusively in electronic form as follows:
C 4 Granting of rights of use for digital content
C 4.1 Unless otherwise stated in the content description in the seller's online shop, NuGrow grants the customer the non-exclusive, locally and temporally unlimited right to use the provided content for private and business purposes. In general, the purchase of a product licenses its use by an end user. Any further distribution of content within the buyer's organization may only take place after consultation with NuGrow.
C 4.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted, unless NuGrow has agreed to a transfer of the contractual license to the third party.
C 4.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. NuGrow may provisionally permit use of the contractual content even before this date. Such provisional permission does not result in a transfer of rights.
C 4.4 The resale and transfer of our lists is strictly prohibited and will be punished with a contractual penalty of €5,000 per resold product. Resale and transfer include the offer of lists that contain company data acquired from NuGrow. This expressly includes the resale of modified and supplemented lists. With the purchase, the customer undertakes to keep the data confidential. Violations of 4.4 will be prosecuted.
C 5 Retention of title
If NuGrow makes advance payments, it reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
C 6 Liability for defects (warranty)
C 6.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
C 6.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform NuGrow of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
C 7 Redemption of promotional vouchers
C 7.1 Vouchers that are issued free of charge by NuGrow as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the NuGrow online shop and only for the specified period of time.
C 7.2 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.
C 7.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent billing is not possible.
C 7.4 When ordering, several promotional vouchers can also be redeemed.
C 7.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by NuGrow.
C 7.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered can be selected to settle the difference.
C 7.7 The balance of a promotional voucher is neither paid out in cash nor is it subject to interest.
C 7.8 The promotional voucher will not be refunded if the customer returns the goods paid in whole or in part with the promotional voucher as part of his statutory right of withdrawal.
C 7.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. NuGrow is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.
(D). Terms and conditions for business consulting
D 1.1 The following general terms and conditions (GTC) form part of all contracts with us. By concluding the contract, the client bindingly acknowledges these conditions.
D 1.2 The contracts concluded by us are service contracts, unless otherwise expressly agreed. The subject of the contract is therefore the provision of the agreed services, not a specific success. In particular, we do not owe a specific economic result. Statements and recommendations from us prepare the client's entrepreneurial decisions. You cannot replace them under any circumstances.
D 1.3 We can have the assignment carried out in whole or in part by expert employees, commercial or freelance cooperation partners.
D 1.4 When fulfilling the contract, the client ensures that the organizational framework allows uninterrupted work at its place of business that is conducive to the rapid progress of the consulting process.
D 1.5 For the successful execution of the order, it is necessary that all documents necessary for the fulfilment and execution of the order are presented to us in a timely manner, even without special request, and that we are informed of all processes and circumstances that are important for the execution of the order. This also applies to all documents, processes and circumstances that only become known during our work.
D 1.6 The relationship of trust between the client and us requires that we be fully informed of previous and/or ongoing assignments from other business consultants, brokers and/or other consulting firms.
D 2 Scope and scope
D 2.1 These terms and conditions apply in full, unless their validity is expressly suspended in writing before the order is placed and their cancellation has been confirmed by us.
D 2.2 All orders and other agreements are legally valid as soon as they have been placed orally or in writing by the client. From the moment of their validity, they are subject to the general terms and conditions, which can be viewed by the client at any time.
D 2.3 We generally provide our services in writing. Information provided orally is not binding.
D 2.4 Even if the general terms and conditions are not requested by the client, they are considered tacitly agreed.
D 3 Scope of contract
D 3.1 The scope of the order is agreed between the client and us.
D 3.2 Any extension of the consulting mandate in the course of the consultation by the client entails an adjustment of the agreed fee.
D 4 Reporting
D 4.1 Unless otherwise expressly agreed, we are committed to reporting on our work. At the end of the assignment, the result of our work is presented to the client either in the form of a written report or a presentation. With this template, the job comes to an end.
D 5 Protection of intellectual property
D 5.1 The client is obliged to ensure that the documents created in the course of the order by our employees and our cooperation partners, regardless of the form, are only used to fulfill the order.
D 5.2 Professional statements made by us may not be used for advertising purposes by the client. A violation entitles us to cancel all orders that have not yet been carried out without notice.
D 5.3 The consulting and services provided are our intellectual property. The client has the right to use it, even after payment of the fee, only for its own purposes and to the extent described in the order. The transfer by the client, as well as any transfer for reproduction purposes, results in claims for damages. In such a case, compensation must be paid in the amount of the economic damage caused by us as a result of sharing the information.
D 6 Remediation of defects and warranty
D 6.1 We are entitled and obliged to correct any inaccuracies and deficiencies in our service that become known to us subsequently. We are obliged to inform the client of this. This warranty obligation covers the period of 12 months after the service has been provided.
D 6.2 The client is entitled to the removal of defects free of charge, provided that we are responsible for them. This claim expires 3 months after the services complained of have been provided.
D 7 Liability
D 7.1 We are only liable to the client, irrespective of the legal basis, for damage caused by us intentionally or through gross negligence.
D 7.2 We are only liable for damage and subsequent damage caused by slight negligence, irrespective of the legal basis, if essential contractual obligations have been breached. Liability is limited to foreseeable damage typical of the contract. The subject of our assignments includes the analysis of corporate and market data. Suggestions are being prepared for measures that can be taken by the client. The client is solely responsible for implementing these measures and their consequences.
D 7.3 The contractor's liability for compensation claims of any kind, with the exception of damage resulting from injury to life, body and health, is limited to liability insurance benefits, the coverage of which covers the typical risk of the contract. Insofar as liability insurance does not cover the damage, the contractor is liable with its own compensation payments that do not exceed the fee claim. The provisions of this paragraph apply even if liability towards someone other than the client is to be justified. There is also a single claim relating to uniform damage resulting from several breaches of duty. The individual claim includes all consequences of a breach of duty regardless of whether damage occurred in one or several consecutive years. Multiple acts or omissions based on the same or similar source of error are regarded as a uniform breach of duty if the matters in question are legally or economically related to each other.
D 7.4 We provide our services on the basis of data and information provided by the client or his agent. This data is only checked for plausibility. The client is responsible for the factual accuracy and completeness of the data.
D 8 Commitment to secrecy and loyalty
D 8.1 Our employees and the persons involved are committed to maintaining secrecy about all matters that become known to them in connection with their work for the client. This duty of confidentiality applies both to the client and to his business relationships.
D 8.2 Only the client can release us from our duty of confidentiality.
D 8.3 We will only hand over reports, reports and other written statements about the results of our work to third parties with the consent of the client.
D 8.4 The confidentiality obligation of our employees and persons involved also applies for the period after completion of the assignment. Cases where there is a legal obligation to provide information are excluded.
D 8.5 We are authorized to process personal data entrusted to us within the scope of the purpose of the order or to have it processed by third parties. In accordance with the provisions of the Data Protection Act, we guarantee that we are committed to maintaining data secrecy.
D 8.6 The parties mutually commit themselves to loyalty. In particular, they refrain from hiring or employing employees or former employees of the other partner. This fiduciary obligation also applies before the expiry of 12 months after completion of the order.
D 9 Fee claim
D 9.1 In return for providing the consulting and service, we are entitled to payment of a fee by the client. The amount of this fee is agreed with the client before the order is placed. In addition to our fee claim, we are entitled to reimbursement of our expenses.
D 9.2 Unless otherwise agreed, 50% of the fee is due when the order is placed, 30% during the processing of the order and 20% after completion of the order, offsetting expenses.
D 9.3 All claims are due upon invoicing and are therefore payable without deductions. Statutory sales tax must be added to all prices and is shown separately by us.
D 9.4 If execution of the order is prevented by the client after the order has been placed, our claim to the agreed fee remains valid.
D 9.5 If the order is not executed due to circumstances which are valid reasons for us, we are only entitled to our portion of the fee corresponding to previous services. This applies in particular if, despite termination, the services provided so far can be used by the client.
D 9.6 We may make the completion of the services dependent on the full satisfaction of your fee claims. Complaints about NuGrow's work do not entitle us to withhold any compensation due to us.
D 9.7 Several clients are jointly and severally liable.
D 10 Complaints
D 10.1 Complaints about an invoice will only be considered if they are addressed to us in writing within 8 calendar days of the invoice date. If no complaint is submitted within this period in the form specified above, the client's tacit consent to the invoice and its content is assumed.
D 10.2 Complaining an invoice does not release you from the obligation to pay within the specified period of time.
D 11 Force majeure
D 11.1 Results of force majeure which significantly complicate or temporarily make the services impossible entitle the respective party to postpone performance of their services for the duration of the disability and a reasonable start-up period. Force majeure is equivalent to industrial action and similar circumstances insofar as they are unforeseeable, serious and through no fault of their own. The parties shall immediately notify each other of the occurrence of such circumstances.
3 General liability provisions
3.1 We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer may regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those set out in the previous sentences.
The above liability exclusions do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
3.2 Based on the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the continuous and uninterrupted availability of the online offer.
3.3 All of the above limitations of liability also apply to our
vicarious agents.
4 Final provisions
4.1 The terms and conditions set out here are complete and final. Amendments and additions to these terms and conditions should be made in writing to avoid ambiguities or disputes between the parties about the content of the contract agreed upon in each case — e-mail being sufficient.
4.2 Insofar as the customer was domiciled or habitually resident in Germany at the time the action was brought by us or his place of residence or habitual place of residence is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Bochum.
4.3 We would like to point out that, in addition to ordinary legal recourse, there is also the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details are available in Regulation (EU) No 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
4.4 Should individual provisions of this contract be ineffective, this shall not affect the rest of the contract. The scope of services agreed in the regulation must then be adjusted to the extent permitted by law.
Status of the terms and conditions: 19.11.2023