General Terms and Conditions

1. Scope

   1. These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between us, the baukobox GmbH, Trippstadter Straße 110, 67663 Kaiserslautern, Germany, District Court Kaiserslautern, HRB-Nr. 32525 | Managing Directors: Sebastian Lelle and Christian Wolf (hereinafter also referred to as seller) and you as our customer (hereinafter also referred to as buyer) for the products (subscriptions) presented in our range.
   2. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor independent professional activity, § 13 BGB. An entrepreneur is a natural or legal person or a legal partnership that acts on completion of a legal transaction in exercise of their commercial or independent professional activity, § 14 BGB.
   3. The regulations in § 1 to § 11 address both consumers in the sense of § 13 BGB and entrepreneurs in the sense of § 14 BGB. Any differing regulations for consumers and entrepreneurs are explicitly presented. The regulations in § 12 to § 14 contain (partially deviating) regulations that are exclusively aimed at entrepreneurs and do not need to be observed by consumers. The regulations in § 15 to § 16 are exclusively directed at advertisers on our websites and are also not to be observed by consumers.
   4. If third parties are commissioned with the payment processing, e.g. PayPal, Google Pay, Apple Pay, Klarna etc., their general terms and conditions apply.
   5. BAUKOBOX provides certain services and information on the BAUKOBOX website as well as in the mobile applications ("Apps") (hereinafter referred to as "Content"). These include databases on building constructions, particularly detailed construction drawings of exemplary buildings, which represent all planning-relevant information by means of interactively linked components.
   6. These terms of use apply to the contractual agreements between BAUKOBOX on one hand and the users on the other hand, who use all the contents provided on this website as well as in the apps (hereinafter also referred to as BAUKOBOX platform).
   7. The use of these contents is permissible solely on the basis of these conditions. These general terms of use can be supplemented, modified or replaced in individual cases by further conditions, e.g. for the upload of content by the user or the purchase of products and/or services. By commencing use (with or without login), the user acknowledges the validity of these general terms of use in their current version.
   8. The user indemnifies BAUKOBOX and the companies associated with BAUKOBOX as well as employees, representatives, and workers, and protects them from court proceedings or claims that are related to the use of the content or violation of these terms of use, including all claims and costs due to lawsuits, losses, damages, trial proceedings and judgments, as well as court and attorney fees.

2. Dispute Resolution

   1. The EU Commission has set up an internet platform for the online resolution of disputes. This platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase contracts. Further information is available under the following link: https://ec.europa.eu/consumers/odr.
   2. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

3. Contract Conclusion

   1. The presentation and promotion of products (subscriptions) in our range does not represent a binding offer to conclude a purchase contract, but an invitation to you to order the described products (subscriptions).
   2. The contract for the products contained in the shopping cart is concluded by clicking the button "Order with obligation to pay" at the end of the order process. The customer receives a confirmation by e-mail immediately after sending the order.
   3. Your order data is stored by us. You will receive an order confirmation including the data provided by e-mail.

4. Prices

   1. Please refer to the respective offers at the time of contract conclusion for the prices.
   2. Prices for consumers (non-commercial and non-independent users) are always including VAT as required by law.
   3. Prices for entrepreneurs (commercial and independent buyers) are always excluding VAT as required by law.

5. Payment Terms

   1. We offer the following payment methods:
      PayPal, Apple Pay, Google Pay, Link, Klarna, Bank Transfer, Invoice, SEPA Direct Debit
   2. The available payment methods can depend on the type of user (commercial, independent, non-commercial, non-independent).
   3. We reserve the right to change the list of available payment methods over time. For example, existing payment methods may disappear and new ones may be added.

6. Subscriptions

   1. Annual subscriptions with a minimum term (i.e., subscriptions concluded for a specific duration, the duration of which is automatically extended after the expiry of the minimum term without proper cancellation), can be cancelled in the user area under "my baukobox" with a notice period of 4 (four) weeks to the expiry of the minimum term. If the subscription is not cancelled, the duration is extended by 1 (one) year.
   2. Semester subscriptions with a minimum term (i.e., subscriptions concluded for a specific duration, the duration of which is automatically extended after the expiry of the minimum term without due cancellation), can be cancelled in the user area under "my baukobox" with a notice period of 4 (four) weeks to the expiry of the minimum term. If the subscription is not cancelled, the duration is extended by 6 (six) months.
   3. Monthly subscriptions with a minimum term (i.e., subscriptions concluded for a specific duration, the duration of which is automatically extended after the expiry of the minimum term without due cancellation), can be cancelled in the user area under "my baukobox" with a notice period of 1 (one) week to the expiry of the minimum term. If the subscription is not cancelled, the duration is extended by 1 (one) month.
   4. Subscriptions with an agreed fixed term (i.e., subscriptions concluded for a specific duration, the duration of which is not automatically extended) cannot be ordinarily terminated and automatically end with the expiry of the fixed term.
   5. In case of moving or similar changes, we ask you to inform us immediately so that the addressing of invoices and payment receipts can continue correctly.
   6. The respective subscription price is due at the conclusion of the subscription, or from the time of the start of the automatic extension.
   7. All subscriptions are non-transferable to other persons and/or companies.

7. Right of Withdrawal

   1. For contracts on the supply of digital content (access to the Baukobox platform), consumers have the following fourteen-day right of withdrawal.
   2. Please note that the right of withdrawal under § 356 para. 5 BGB expires for a contract on the delivery of digital content not situated on a physical data carrier if the trader has begun with the execution of the contract, after the buyer (a) has expressly agreed that the trader begins with the execution of the contract before the expiry of the withdrawal period, and (b) has confirmed his awareness that he loses his right of withdrawal by his agreement with the execution of the contract.

   Withdrawal Instruction

   Right of Withdrawal
   You have the right to withdraw this contract within fourteen days without giving any reason. The withdrawal period lasts fourteen days from the day of contract conclusion. To exercise your right of withdrawal, you must inform us by an unambiguous statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. Sending the notification of exercising the right of withdrawal before the withdrawal period expires is sufficient to comply with the withdrawal deadline.
   
   baukobox GmbH
   Trippstadter Strasse 110
   67663 Kaiserslautern
   Germany
   
   Tel.: +49 (0)631-34358607
   E-Mail: infobaukobox.de
   
   Effects of the Withdrawal
   If you withdraw from this contract, we have to return all payments that we have received from you, including the delivery costs (with the exception of additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

   - End of withdrawal instructions -

8. BAUKOBOX Platform Terms of Use

   1. The baukobox GmbH provides customers with access to premium content under the title "baukobox Plus+" based on a paid subscription, which allows unlimited access to all content and features, such as access to all project pages, interactive construction drawings, personal wish lists, etc. Without a paid subscription, the BAUKOBOX platform can only be used to a limited extent in terms of functionality and content.
   2. Regardless of the selection of free use or a paid subscription (see (1)), BAUKOBOX grants the user a non-exclusive and non-transferable right to access the contents provided on the BAUKOBOX platform. The right of use authorizes for research and reading access.
   3. If subscriptions are purchased for offices or institutions, the right of access is limited to the number of users agreed upon with baukobox GmbH.
   4. It is not allowed to make the contents of the BAUKOBOX platform - particularly through other networks and/or the internet - accessible to the public. Without prior written permission from BAUKOBOX, the user may not duplicate the contents nor distribute, rent, lease, lend, or otherwise leave or exploit them to third parties at any time. Unless mandatory legal regulations allow otherwise, the user is prohibited from modifying, translating, or extracting parts of the content. The inclusion of the content or parts thereof in databases or database works is not permitted. It is also prohibited to use the contents in whole or in part to establish a systematic collection or in a local retrieval system and/or to save them permanently.
   5. The user is only permitted to use the BAUKOBOX platform personally with an Internet browser or the BAUKOBOX app. The use of technical aids such as robots, web crawlers, spider programs, metasearch engines or similar technologies that automatically retrieve, search and/or index content from the online database is prohibited. This prohibition includes in particular the use of techniques or other automated services that aim to or result in incorrectly displaying user activities e.g., by using bots, botnets, scripts, apps, plugins, extensions or other automated instruments to play content, send messages, post comments or perform other actions. Scraping or comparable techniques to capture content and use it for a different purpose to re-publish or otherwise use it differently than the intended purpose of the services are also prohibited.
   6. The content is protected both by copyright laws and international copyright treaties as well as other laws and agreements on intellectual property. The user will respect these rights, in particular, removing alphanumeric identifiers, trademarks and copyright notices neither from the content nor from copies of it.
   7. In addition, the provisions of §§ 69a ff. of the German Copyright Act remain unaffected.
   8. The availability of the BAUKOBOX platform may be temporarily restricted for technical reasons, such as due to necessary maintenance work. BAUKOBOX GmbH or its service provider can disconnect the servers for maintenance work, which they announce in advance. If a server fails over a significant period, BAUKOBOX or its service provider endeavours to remedy the situation or solve the problem as quickly as possible.

9. Intellectual Property

   1. The content provided on the BAUKOBOX platform may enjoy protection under intellectual property laws. If this is the case, BAUKOBOX has the corresponding usage rights, however, it does not itself assert any copyright or other claims to this content.
   2. Through the use of the BAUKOBOX platform, no rights of any kind, in particular no intellectual property rights (patent, utility model, trademark, design or copyright), are granted to the user, nor does BAUKOBOX have a corresponding obligation to grant such rights. The user may not use the provided content - this includes company names and logos - outside the BAUKOBOX platform unless he has the consent of the rights holder or is otherwise authorized to do so.

10. User Account

    1. For the full use of the services and information, the user needs a BAUKOBOX account.
    2. There is no claim for registration by BAUKOBOX.
    3. The user is obliged to provide truthful information for registration, especially when selecting the user type, and to immediately inform BAUKOBOX of any subsequent changes. The user will ensure that the emails addressed to the email address provided by him are received.
    4. As part of the registration, the user selects a self-chosen password. The username, the e-mail address, and the password form the user data. The user data allows the user to view his data.
    5. The user alone is responsible for the security of his user data, especially his password. He may not give access to his user data to third parties or enable them to use it. If the password has become known to third parties, the user is obliged to change his password immediately. If the user becomes aware that third parties are misusing the user data, he is also obliged to immediately inform BAUKOBOX in advance by simple e-mail.
    6. After receipt of the message according to I.4.(5), BAUKOBOX will block access to the website with this user data. The lifting of the block is only possible after a separate application by the user to BAUKOBOX.
    7. The user can request the deletion of his registration at any time by mail, provided that the deletion does not oppose the handling of ongoing contractual relationships. In this case, BAUKOBOX will delete all user data and all other stored personal data of the user as soon as they are no longer needed.
    8. The user may not misuse the content provided on the BAUKOBOX platform. The user is not entitled, for example, to intervene in the content provided on the BAUKOBOX platform or to access the content in any other way than via the user interface provided by BAUKOBOX and in accordance with the BAUKOBOX guidelines. Users may only use the provided content within the legally permissible framework. In particular, the user may not
       1. Violate morality in his behavior;
       2. Provide any content that is harassing, offensive, endangering young people, or otherwise illegal;
       3. Confidential, e.g. contains trade secrets;
       4. Violate industrial property and copyright, personal rights, or other property rights (see I.3.);
       5. Impersonate another (legal) person, e.g. a public official, a BAUKOBOX representative or pretend to be in a relationship with such a person that does not actually exist, falsify usernames or otherwise manipulate identification marks and/or disguise the origin of content transmitted in connection with the services;
       6. Enter, store or send hyperlinks or content to which he is not authorized, especially if these hyperlinks or content violate confidentiality obligations or are unlawful;
       7. Harass, threat, insult or defame a natural person or a company, defame or discriminate on the basis of gender, race, religion or beliefs, or make or spread false allegations about a natural or legal person;
       8. Collect, store or transfer personal data of another user, unless the affected person has agreed to it;
       9. Post links to content of third parties that violate the provisions of these terms of use or other regulations;
       10. Distribute advertisements or unsolicited emails (so-called "spam") or send inaccurate warnings of viruses, malfunctions, and the like, or encourage participation in competitions, snowball systems, chain letters, pyramid schemes, and similar actions.
    9. BAUKOBOX is entitled to block access to the BAUKOBOX platform at any time and suspend or discontinue the provision of its content to users who violate the General Terms and Conditions or when an alleged misconduct is being investigated.

11. Hyperlinks

    1. The BAUKOBOX platform may contain hyperlinks to third-party websites. BAUKOBOX assumes no responsibility for the contents of these websites and does not adopt these websites and their contents as its own, as BAUKOBOX does not control the linked information and is not responsible for the contents and information provided there. Their use is at the user's own risk.

12. Liability

    1. General
       1. As far as this is not expressly declared in these terms of use or in the additional terms, neither BAUKOBOX nor the companies associated with BAUKOBOX or partners of BAUKOBOX make any specific promises in relation to the content provided or take over any guarantees for them. In particular, BAUKOBOX does not make any statements regarding specific functionalities, reliability, timeliness, correctness, completeness, usability, availability or suitability of the content for the user's purposes. BAUKOBOX provides the content in its current form. The BAUKOBOX website compiles third-party content. If individual contributions violate the rights of third parties or contain illegal content for other reasons, the respective author is responsible for the legal violation. No liability of any kind is assumed.
       2. A careful backup is regularly carried out for BAUKOBOX servers. Nevertheless, data losses cannot be excluded. No liability is assumed in this regard.
    2. Liability for Legal and Physical Defects
       1. Liability for legal and physical defects in the content provided on the BAUKOBOX platform, in particular for their correctness, error-freeness, freedom from third-party rights and copyrights, completeness and/or usability - except in cases of intent or guile - is excluded.
       2. The content provided on the BAUKOBOX platform may contain specifications or general descriptions of technical information of products and drawings, which may not (any longer) be up-to-date in individual cases (for example, due to changes). BAUKOBOX assumes no liability for the correctness, error-freeness, completeness and/or usability of this content.
       3. In the event of intent and gross negligence, including by legal representatives and vicarious agents, users and BAUKOBOX are liable in accordance with statutory provisions. The same applies to negligently caused damages resulting from injury to life, body or health, damages caused by the absence of a guaranteed quality, as well as in the case of fraudulently concealed defects. In the case of material and financial damages caused by users or BAUKOBOX, their legal representatives or vicarious agents merely negligently, the liability is limited to cases of breach of a fundamental contractual obligation, but always to the predictable and contract-typical damage. Essential contractual obligations are those the fulfillment of which enables the proper execution of a contract in the first place and on the compliance of which the contractual parties can regularly rely. The liability under the Product Liability Act remains unaffected. In all other respects, the liability of BAUKOBOX is excluded.
       4. Insofar as BAUKOBOX's liability is excluded or limited, this also applies to the personal liability of BAUKOBOX's legal representatives, executives, and vicarious agents.
    3. Other Liability, Viruses
       1. Although BAUKOBOX always strives to keep the BAUKOBOX platform virus-free, BAUKOBOX does not guarantee that it is virus-free.
       2. Before downloading content, the user must ensure reasonable security measures and virus scanners to protect himself and prevent viruses on the BAUKOBOX platform.
       3. There is no association of a change to the burden of proof to the disadvantage of the user with the above regulations in II.3.(1) and (2).

13. Other Regulations

    1. Data Protection
       BAUKOBOX treats the personal data of its users confidentially. BAUKOBOX only uses and publishes it if this is necessary within the framework of these terms and conditions. Every collection and processing of the personal data of users takes place while considering the applicable data protection law. Further information about the use of personal data on our platforms and how BAUKOBOX protects user data can be found in our Data Protection Policy
    2. Side Agreements, Applicable Law
       1. Side agreements require written form.
       2. German law applies, excluding the UN Sales Law and German international private law.
    3. Amendment of the Terms of Use
       1. BAUKOBOX reserves the right to amend these terms and conditions at any time. There are no explicit notices of changes to the terms and conditions.
       2. BAUKOBOX can adapt these terms and conditions or any additional conditions for a particular service in a reasonable manner, for example, to reflect changes in legal conditions or changes in our services. Therefore, the user should regularly review these terms and conditions. No explicit notice is given of changes to the terms and conditions.
       3. In the event of a conflict between these terms and conditions and additional conditions, the additional conditions will take precedence in individual cases.
    4. Final Provisions
       1. This contract is exclusively subject to the law of the Federal Republic of Germany.
       2. These terms and conditions and any disputes arising from or in connection with these terms and conditions are subject to German law, excluding the UN Sales Law. Unless otherwise legally mandatory, Kaiserslautern is agreed as the place of jurisdiction for all disputes arising from or in connection with these terms and conditions.
       3. Insofar as a provision from this contract is invalid or unenforceable, this does not affect the remaining provisions of this contract. In place of this provision, a reasonable regulation will apply, which comes closest to the sense and purpose of the contract under economic considerations in the sense of both parties. This also applies in the case of contractual gaps.
       4. If a user has concerns about the security of the BAUKOBOX platform or about copyright or trademark rights, he is obliged to report this to BAUKOBOX at the following address: info@baukobox.de