General Terms and Conditions (GTC)
§ 1. Scope of application and definitions, conclusion of contract
(1) Outlander LB GmbH, Birketweg 12, 85290 Geisenfeld (hereinafter referred to as “supplier”), operates applications for the use on mobile phones (hereinafter referred to as “apps”) for consumers and professionals (hereinafter referred to as “customers”). These apps contain information, services and, if applicable, other performances (hereinafter referred to as “services”).
(2) The supplier provides the services on the basis of the following General Terms and Conditions, unless otherwise agreed.
(3) The scope of services also includes the provision of information. The information provided is in part information from third parties. If and to the extent that an app offers services that can be identified as those of third parties, complementary or deviating terms and conditions may apply to these services.
(4) The contract on the supplier’s apps is usually concluded via an app store operated by a third person and is subject to the rules of the respective app store.
§ 2. Contractual obligations, rights of use
(1) If the app is offered for sale, the customer is obliged to pay the fee to the supplier upon conclusion of the contract. Unless otherwise stipulated, invoicing is carried out via the app store.
(2) The supplier grants the users a simple right to use the provided services and information without any restriction on location and time. Any use of the information that goes beyond use for own purposes, in particular commercial use, is not allowed. The same applies to commercial exploitation.
(3) Relating to services and information based on the works of third parties or representing those works, the customer may only be entitled to a limited right of use. When using such services and information, also observe the respective licence terms of the concerned third party.
(4) If the customer provides information in conjunction with the use of an app and if this information is to be made available to the public under the provisions of the law, the following right of use shall be granted to the supplier: upon insertion of the information, the customer shall concede to the supplier the irrevocable and non-exclusive right to use this information worldwide, to reproduce, treat, publish and distribute it free of charge, with limitation to the duration of the insertion of the information and without any restriction on location. The supplier shall be entitled to sub-licensing.
§ 3. Right of withdrawal, customer information
(1) If you are concluding a contract with the supplier as a consumer, you should have a right of withdrawal in accordance with the following instruction. A consumer is a natural person who concludes a legal transaction for purposes which, for the most part, cannot be attributed to his own business or independent professional activities.
(2) Cancellation policy
Right of withdrawal
You will be entitled to withdraw from this contract without giving any reason within a period of 14 days. The period stipulated for withdrawal is 14 days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you shall inform us (Outlander LB GmbH, Birketweg 12, 85290 Geisenfeld, Info@Outlander-LB.com, 08452-7338620) by means of a clear statement (i.e. letter sent by mail, telefax or e-mail) about your decision to withdraw from this contract. You can use the provided sample form for withdrawal, which is yet not mandatory. The dispatch of the notification about the exercise of the right of withdrawal within the above mentioned period of withdrawal shall be deemed sufficient for observing the withdrawal deadline.
Consequences of withdrawal
If you withdraw from the contract, we will be obliged to refund all payments received from you, including delivery costs (except for additional costs resulting from a type of delivery other than the standard delivery provided by us), immediately, but no later than within fourteen days from the date of receipt of the notification about your withdrawal from this contract. For the refunding we will use the same means of payment as the one you used for the original transaction, unless otherwise agreed upon with you; in no case you will be charged any fees for refunding. We can refuse refunding until receipt of the goods returned or until you will have furnished proof of return of the goods, whichever occurs earlier.
You are obliged to return or hand the goods over to us immediately and in any case no later than within fourteen days from the date you informed us about your withdrawal from the contract. The deadline shall be observed if the goods have been dispatched before expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only shall compensate for a possible loss in value of the goods, if this loss in value results from the handling other than what is necessary to ascertain the nature, features and functioning of the goods.
If you have requested the beginning of service provision during the withdrawal period, you shall be required to pay a reasonable amount to us which is corresponding to the portion of services already provided, in comparison to the total volume of contractual services, up to the date of notification about exercise of the right of withdrawal.
Expiry of the right of withdrawal
The right of withdrawal shall expire when we will have completed the service, provided that we only have started the execution of the service after receipt of your explicit consent and your confirmation of being aware of the fact that you will be losing your right of withdrawal at the moment of full completion of the contract by us.
In case of a contract on delivery of digital contents which are not on a physical support, the right of withdrawal shall also expire when we have started execution of the contract after 1. your explicit consent about starting execution of the contract before expiry of the withdrawal period and 2. after your confirmation of being aware of the fact that you will be losing your right of withdrawal due to your consent at the moment of starting the execution of the contract.
Sample form of withdrawal
If you want to withdraw from the contract, please fill in this form and send it back to
Outlander LB GmbH, Birketweg 12, 85290 Geisenfeld, Info@Outlander-LB.com
I/We (*) hereby withdraw from the contract that I/we (*) concluded on the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/Received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as appropriate.
(3) The language of contract is English. The supplier does not save the contractual text and it thus cannot be accessed by the customer after the order process has been concluded.
§ 4. Customer’s liability
(1) The customer is obliged to exclude third parties from accessing the app; otherwise the customer shall be liable for each use of services by a third party, if he is responsible in this regard.
(2) Every customer is responsible for the contents (files, texts, photos, etc.) privately transmitted or published in conjunction with an app; the supplier does not adopt these contents and does not check them before publishing or transmission. The customer shall ensure that the contents he inscribes do not violate existing laws, nor the rights of third parties. Contents which are manifestly illegal, harmful, harassing, criminal, racist or in any other way objectionable are forbidden.
(3) The customer is obliged to release the supplier from any claims of third parties arising from improper use by himself. This release covers also reasonable court costs and lawyer fees.
§ 5. Cancellation and termination
(1) In the case of a contract allowing acquisition of the app and other services free of charge, the supplier and the customer shall be entitled to cancel the contract or withdraw from it with immediate effect at any time without reason, unless otherwise stipulated.
(2) If the app and/or the services based on it are provided against payment, the agreed deadlines for the use of the offer, if any, shall apply. To the extent that the app provides recurrent services against payment, the supplier may cancel the contract, if it is not economically reasonable to maintain the service considering the interests of the customer. The possibility of cancelling the contract for important reasons remains unaffected.
§ 6. Warranty
(1) The use of the app is of the customer’s own risk, unless certain features of an app have been assured.
(2) The supplier does not accept any warranty concerning the information represented by using the app, if and to the extend that this information is based on disclosures of third parties and that there was no reason for the supplier to doubt the reliability of the third party, neither the correctness of the information.
§ 7. Liability
(1) The supplier shall be liable for damage resulting from injuries to life, body or health due to wilful or negligent breach of duty on the part of the supplier, his legal agents or his auxiliary persons. Furthermore, the supplier shall be liable for guaranties provided as well as for damage which is covered by the liability according to mandatory legal provisions, as for instance the German product liability law (ProdHaftG). Apart from that, the supplier shall be liable for other damage which is due to wilful or grossly negligent breach of duty as well as malice on his part, on the part of his legal agents or auxiliary persons.
(2) For damage due to simple negligence that is not covered by paragraph 1, sentences 1 and 2, the supplier shall be liable insofar as the negligence concerns the violation of contractual obligations whose fulfilment is essential to the proper execution of the contract and on whose fulfilment the customer may thus rely (essential contract obligations); in such case the liability towards companies is restricted to the extend of the foreseeable, direct average damage that is typical for this kind of contract, excluding especially indirect damage (i.e. loss of profit) as well as subsequent damage. The amount of damage towards companies is limited to three times the value of the supplies.
(3) Any further liability shall be excluded regardless of the legal nature of the asserted claim.
§ 8. Data protection
(1) For the use of the apps and execution of contracts customer may be required to provide personal data or will make them available by using the mobile phone. These data are exclusively collected for provision of services by the supplier and for the purpose of system security. The supplier collects, stores and uses, if necessary, the contents read and inscribed by the user, the app settings and locations of the user (tracking), but also his name, address, mobile phone number and e-mail address, if and to the extend that they have been provided. An anonymous use of the offer is ensured.
(2) Personal data are only imparted or otherwise transmitted to third parties if this is mandatory for the execution of contract or if customer has given his prior consent. After complete execution of the contract and complete payment of fees, all data of the customer are erased, unless the customer expressly agrees to the further use of his data or unless there is a legal tax-based or commercial obligation to store these data.
(3) The supplier is committed to the protection of the customer’s privacy and assures that he will collect, process and use personal data in accordance with the German Federal Data Protection Act and the German Telemedia Act and to process and use them exclusively for the purposes indicated above.
(4) The data subject is entitled to the rights of blocking and erasure granted by the German Federal Data Protection Act. Upon request the supplier will give the customer written information about whether and which personal data about him are stored with the supplier. If incorrect information is stored, despite all efforts to ensure accurate and current data, the supplier shall correct this upon request.
§ 9. Final clause
(1) The law of the Federal Republic of Germany shall apply. For consumers who do not conclude the contract for professional or commercial purposes this choice of jurisdiction shall only apply as far as the protection is not excluded by imperative provisions of the laws of the state in which the consumer has his habitual residence.
(2) If the customer is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of the supplier. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer’s domicile or habitual abode are not known at the time of commencement of the action. The authorisation to take legal action at a different court of jurisdiction remains unaffected.