General Terms and Conditions
K-Solutions GmbH, Industriestraße 33e, 81245 Munich, registration court: Amtsgericht München, HRB 258403 (hereinafter “RAW Looks”) offers online marketing services (hereinafter collectively “Services”).
These General Terms and Conditions (“GTC”) apply to all contracts between RAW Looks and the buyer (“Customer”) in the version valid at the time of the order. The GTC apply to all contracts, including contracts to be concluded in the future, without the need for a renewed reference to the validity of these GTC. Deviating terms and conditions of the customer shall not apply, even if RAW Looks does not expressly object to them.
1. Conclusion of the contract
The offers are directed exclusively at natural persons and legal entities of legal age. The presentation of services on the RAW Looks website does not constitute a legally binding offer, but a non-binding online catalog. The customer submits a binding offer when he/she goes through the online ordering process and clicks on “Order with obligation to pay” in the last order step.
Confirmation of receipt of the customer’s order will be sent by automated e-mail immediately after the order has been sent and does not constitute a declaration of acceptance. The contract is only concluded by a declaration of acceptance by RAW Looks. If the services are not available, RAW Looks will inform the customer of their unavailability before accepting the order.
2. Customer
2.1 Customer account
A customer account is required for the customer to use all functionalities of the services. The Customer may create such an account at any time by providing his/her e-mail address. The customer account is used to purchase services, to simplify the ordering of further services and to manage any service subscriptions (see Section 3).
2.2 Obligation to update
If the customer decides to create a customer account, he is obliged to provide the data requested for this purpose completely and correctly. If there is a change in the data provided after registration, the customer is obliged to update the information immediately.
2.3 Responsibility for passwords and access
The customer is responsible for the security and confidentiality of all access codes to their customer account. The disclosure of access codes to third parties is not permitted. The customer is obliged to inform RAW Looks immediately in the event of unauthorized use of his customer account. This obligation to inform also applies if unauthorized access is suspected, be it through the exploitation of a security gap or the loss of access codes. RAW Looks is entitled to block such customer accounts where there are actual indications of unauthorized third-party access.
3. Service subscription
The customer has the option of setting up a service subscription in his customer account by specifying the services, the quantity and the desired order interval. The offer to conclude a service subscription is accepted by RAW Looks in accordance with Clause 1.
3.1 Availability
If a certain service cannot be realized, RAW Looks will inform the customer in advance.
3.2 Price
The prices of Services included in the Services Subscription may change from time to time. RAW Looks will notify the Customer of these changes in good time so that the Customer can still exercise its right of termination (see clause 3.6) until the order interval is reached. In any case, any change(s) will only take effect after the customer has been notified of the change(s).
3.3 Changes
Changes to the existing service subscription can be made by the customer at any time in the customer account. Changes to the service subscription initiated by the customer are deemed to be a single order and therefore an offer to conclude a new service subscription.
3.4 Term and termination
The service subscription begins at the time of conclusion or the first payment (see section 1 above) and runs for an indefinite period.
The service subscription can be terminated by the customer at any time without notice with effect from the next order interval, for example by clicking on the “Cancel subscription” button in the customer account.
The service subscription can be canceled by RAW Looks (e.g. by e-mail) at any time with a notice period of 14 calendar days.
4. Remuneration and terms of payment
4.1 Remuneration and shipping costs
All prices quoted are net prices. All prices are quoted in euros only. Depending on the customer’s place of business, the statutory VAT applicable in the respective country shall be payable in addition if the company is based in Europe and the customer does not provide his VAT number. number. If the VAT. Number, however, no VAT is due. The reverse charge procedure applies. If the company is based in a third country / outside the EU, no VAT is due either. The tax liability of the recipient of the service in their own country applies.
4.2 Terms of payment
In the case of payment by credit card, PayPal, Amazon Pay, Google Pay or Apple Pay, the customer authorizes RAW Looks to collect the amounts due at the time of the order. The contractual relationship between PayPal/Amazon Pay/Google Pay/Apple Pay (“payment provider”) and the customer is governed exclusively by the terms of use of the respective payment provider.
If payment is made in advance, the customer must transfer the full invoice amount to the specified account of RAW Looks within five calendar days of receipt of the order, stating the purpose of payment. RAW Looks reserves the ordered services for a period of ten calendar days.
4.3 Service subscription
If the customer has taken out a service subscription (see section 3 above), RAW Looks and/or the payment provider will store the customer’s payment data required for recurring payments (e.g. credit card number). This data is used exclusively to charge the selected payment method with the recurring purchase price, the amount of which depends on the services selected in the service subscription.
5. right of withdrawal
5.1 Existence of the right of withdrawal
No (voluntary) right of withdrawal is granted.
5.2 Exclusion and expiry of the right of withdrawal
There is no right of withdrawal in the cases specified in Section 312g (2) BGB. A right of withdrawal therefore does not exist in particular if the services are not prefabricated and the services are clearly tailored to the personal needs of the customer.
6. withdrawal
If a service purchased by the customer cannot be fulfilled, RAW Looks shall withdraw from the contract and reimburse the customer for any amounts already collected for payment.
7. Retention of title / Commercial resale
The services are not intended for commercial resale.
8. online dispute resolution and consumer dispute resolution
The European Commission provides a platform for online dispute resolution (ODR platform) to resolve disputes initially without the involvement of a court. You can access the ODR platform via the following link
https://ec.europa.eu/consumers/odr/.
Our e-mail address is: [email protected]. RAW Looks endeavors to settle any differences of opinion amicably. However, RAW Looks is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9. data protection
Insofar as RAW Looks processes personal data in connection with the contract for the purchase of services, RAW Looks acts as the controller within the meaning of Art. 4 No. 7 of the General Data Protection Regulation. RAW Looks’ privacy policy for this data processing can be found here: Data protection.
10.Warranty and liability
10.1 Warranty
The statutory claims apply. If the customer is a consumer, the statutory warranty period of two years applies. If the customer is an entrepreneur, the warranty period is one year.
10.2 Unlimited liability
RAW Looks shall be liable without limitation in the following cases:
▪ willful misconduct and gross negligence;
▪ injury to life or limb regardless of the form of fault
▪ assumption of guarantees;
▪ fraudulent intent.
10.3 Limitation of liability for slight negligence
Insofar as none of the cases in section 4.1 applies, RAW Looks shall only be liable if RAW Looks breaches a material contractual obligation through slight negligence. A material contractual obligation is an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely (so-called cardinal obligations). If the culpable breach of such an essential contractual obligation is not intentional or grossly negligent, liability shall be limited in terms of reason and amount to such typical contractual damages as were reasonably foreseeable at the time the contract was concluded. For the contractual services agreed here, the parties consider the cumulative purchase price owed for the services to be typical contractual damage for all cases of damage.
Any further liability of RAW Looks is excluded.
10.4 Product Liability Act
RAW Looks’ liability according to the provisions of the German Product Liability Act remains unaffected by the above provisions.
11. Final provisions
11.1 Severability clause
Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of the GTC. The same applies in the event that the GTC contain a loophole. In place of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to what the contracting parties would have wanted if they had considered this point when concluding the GTC.
11.2 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer and has his habitual residence in another country, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Munich.