GENERAL TERMS AND CONDITIONS
- 1 General information
Lutendo LLC operates a software application on the Internet under the domain “lutendo.com” which can be used over the Internet (hereinafter referred to as “service”) to support entrepreneurs in their activities on trading platforms. The service provider is Lutendo LLC, Megobroba Ave.,N 33,apt. 52, 0341 Rustavi, Georgia (hereinafter referred to as Lutendo LLC).
These terms and conditions apply to all business relations, including future business relations, between the user and Lutendo LLC. Deviating, conflicting or supplementary general terms and conditions of the user (also e.g. conditions of purchase) shall not become part of the contract unless their validity has been expressly agreed upon at the time of conclusion of the contract. Any reference to the user’s terms and conditions in a form is expressly rejected.
- 2 Subject matter of the contract
The object of the contract is the provision of the service for the use of the functionalities to the user. The respective scope of services, in particular the technical functionality and type and scope of the services offered, depends on the tariff selected during registration. The respective functional scope of a tariff results from the service description.
In addition, Lutendo LLC reserves the right to offer additional services beyond the selected tariff. The costs and the scope of the respective additional services also result from the service description and the respective valid price list.
In order to use the service, the user must have an Internet connection, an Internet-capable terminal device and an up-to-date Internet browser, the costs of which he must bear himself.
No contractual object is the achievement of a certain sales success on trading platforms. Lutendo LLC only offers the possibility of use for certain services, their successful use is the exclusive responsibility of the user.
- 3 Conclusion of contract
The use of the service is only possible within the scope of a contract of use. The conclusion of a contract for the use of the service is only possible for entrepreneurs, legal entities under public law or special funds under public law.
When concluding a user contract, the user is obliged to provide only truthful information about himself and the company and to keep his data up to date at all times.
Lutendo LLC offers the conclusion of fee-based user contracts. By completing and submitting the appropriate form, the user declares that he/she wishes to enter into a contract with Lutendo LLC for the use of the services. Before sending the form, the user has the opportunity to check his personal details or company details and, if necessary, to correct them by changing the corresponding fields. He can also check the services he has selected and change them by clicking on the corresponding selection boxes. By clicking on the corresponding button, the user submits a binding offer to conclude a user contract. Lutendo LLC accepts the offer by sending an order confirmation which also contains the access data to the services.
For the conclusion of the contract, both the German and, depending on the platform used, the English language is available.
The contract text is stored by Lutendo LLC, but is not accessible to the customer.
- 4 Provision of the service
The service is provided to the user with activation by Lutendo LLC.
The transfer point for providing the service is the router exit of the Lutendo LLC data center. Lutendo LLC owes an annual average availability of service at the delivery point of 97%.
- 5 Right of beneficial use, rights
Lutendo LLC grants the user the non-exclusive, non-sublicensable and non-transferable right to use the Service for its own business purposes during the term of the Agreement.
The user is not entitled to any rights not granted. In particular, the user is not entitled to make the service available for use by third parties or to provide services for third parties by means of the service. This does not apply to service providers who work directly for the customer.
If a database or databases are created on the server of Lutendo LLC during the term of the user contract, the user is entitled to all rights thereto. The user remains the owner of the databases even after the end of the contract.
- 6 Remuneration, payment
Insofar as the use of the service is subject to a charge, the costs shall be based on the information in the respective price list. All prices are exclusive of the statutory value added tax.
All payments must be made in accordance with the respective service description and can be made using the payment procedures offered.
If the parties agree on the payment method “Direct Debit”, the user shall grant Lutendo LLC a SEPA Basic Mandate / SEPA Company Mandate for the collection of the respective due claim, also for recurring payments and liabilities in varying amounts. The period for pre-notification is shortened to 1 day, if permissible. The user assures to cover the account.
Costs incurred due to non-redemption or reversal of a payment order shall be borne by the customer as long as the non-redemption or reversal was not caused by Lutendo LLC. In addition Lutendo LLC charges a handling fee of 10€ net.
Lutendo LLC invoices are issued electronically. A transmission takes place by e-mail. In addition, Lutendo LLC can provide the user with the possibility to retrieve invoice documents in the user account itself in file form. If the user additionally wishes to receive the goods by post, Lutendo LLC is entitled to charge a lump sum according to the price list.
- 7 Obligations and duties of the user
The user chooses access data for the purpose of using the service. The user is obliged to keep this access data secret and to inform Lutendo LLC immediately about the loss or unauthorized use of the access data by third parties. The user is not permitted to make access data available to third parties. Lutendo LLC is entitled to block access data if there is a suspicion of unauthorized use or misuse of the data.
The user may only use the service for his own business purposes. The user undertakes not to use the services to advertise offers competing with Lutendo LLC, nor to collect data or contact data of third parties within the services and to contact or enter into contractual relations with these third parties outside the services.
If the user determines that the service does not work or does not work properly, he is obliged to inform Lutendo LLC immediately in text form.
- 8 Data protection
The parties will observe the applicable data protection regulations, in particular those applicable in Germany.
Lutendo LLC is entitled to statistically evaluate the data of the users in anonymous form and to use it for own purposes, also for advertising purposes. This serves in particular the further development of the services.
- 9 Liability
Lutendo LLC is liable to the user in case of intent or gross negligence for all damages caused by itself as well as by legal representatives or vicarious agents without limitation.
In case of slight negligence Lutendo LLC has unlimited liability in case of injury to life, body or health.
Otherwise, Lutendo LLC is only liable if an essential contractual obligation has been violated. Essential contractual obligations are those obligations which are of particular importance for the achievement of the contractual objective, as well as those obligations which, in the event of a culpable breach, may lead to the achievement of the contractual objective being jeopardised. In these cases, the liability is limited to the compensation of the foreseeable, typically occurring damage.
The strict liability of Lutendo LLC for damages according to §536a BGB for defects existing at the time of conclusion of the contract is excluded, the above paragraphs remain unaffected.
The liability according to the product liability law remains unaffected.
- 10 Term, termination
The term of the contract for a fee-based use of the service begins with the activation by Lutendo LLC and runs monthly for an indefinite period. If the user chooses a different payment interval, the contract term shall be extended to the selected payment interval. The term of a contract for a fee-based use of the service is automatically extended by the respective term of the contract if it is not terminated in due time.
If services used, in particular additional services, exceed the term of the contract during their term, the contract cannot be terminated before the term of the additional services has expired.
Notice of termination, including that of Lutendo LLC, must at least be in text form; a notice period of two weeks to the end of the respective term also applies.
The possibility of extraordinary termination for good cause remains unaffected. This termination also requires text form.
If the user unilaterally stops using the service before the expiry of the notice period, his obligation to pay the remuneration remains unaffected.
If the customer is not only slightly in arrears with the payment of the monthly costs or with other payment obligations, Lutendo LLC can withdraw the right to use the services until the complete subsequent fulfilment of the arrears and/or refuse the use of further services as long as the payment obligation continues.
The right to terminate without notice for good cause shall remain unaffected in addition to the right to withdraw the right of use.
- 11 Amendments to these terms and conditions, transfer of rights
Lutendo LLC has the right to change the terms of the service to be provided at its reasonable discretion, taking into account technical requirements and market conditions, as far as this is reasonable for the user.
Changes to these Terms and Conditions will be posted on the Service. The user will be informed in text form of any changes to the GTC that do not fall under paragraph 1. The changes become effective if the user does not object to the respective changes in text form no later than 14 days after receipt of the notification of change. The user will be informed of the significance of his silence together with the notification of change. If the user objects to the change, Lutendo LLC is entitled to terminate the contract properly at the end of the term. If Lutendo LLC does not exercise this right of termination, the contract will continue under the terms and conditions applicable until then.
Lutendo LLC is entitled to transfer the rights and obligations from the contractual relationship in whole or in part to a third party, namely Lutendo LLC, Niederstrasse 29, 40789 Monheim am Rhein, Germany, with a notice period of one month.
- 12 Final provisions
The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
If the user is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Lutendo LLC. The same applies if the user does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed.