Terms of service

for the online shop www.profora.net
For business transactions with consumers

A. GENERAL PROVISIONS 

I. SCOPE, GENERAL
1. These General Terms and Conditions for Proforá (small business) – owned by Isabelle Métrope, Bannholzstraße 8, 72127Kusterdingen, Germany (hereinafter referred to as “seller” or “we”) – shall apply to all contracts for delivering audio files to the customer, which thecustomer purchases via the online shop www.profora.net.

2. These General Terms and Conditions apply exclusively in relation to customers who are consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

 3. These General Terms and Conditions apply exclusively. The inclusion of any conflicting, supplementary or deviating terms and conditions originating from the customer is hereby refuted. These shall also not apply if we complete the customer’s delivery in the knowledge ofdeviating conditions originating from the customer and/or without express objection to deviating conditions originating from the customer.

II. REGISTRATION,DATA PROTECTION
1. Every customer can register for a customer account in our online shop. However, the customer can also place an order as a guest.

2. The customer must provide their personal data to register. We process personal data in compliance with the statutory provisions. For more details, please refer toour privacy policy for customers.

III. CONTRACT LANGUAGE, STORING THE CONTRACT TEXT
1. The contract language is German.

 2. The contract text is storedinternally by us.

3. The contract text can no longer beretrieved by the customer after the order process has been completed. However,the customer can save the order data by saving and printing the data summarisedon the last page of the order overview via their internet browser.

4. Alternatively, the customer maywait for the automated order confirmation, which we send by e-mail to thee-mail address provided by the customer during the order process after theorder has been completed. This confirmation can then be printed out or savedwith the customer’s respective e-mail programme.

III. CONCLUDING THE CONTRACT
1. Presenting and advertising items onour website’s online shop does not constitute a binding offer to conclude acontract.

2. The following technical stepsresult in an order being placed:
a. The customer can select audio filesfrom our range without obligation and place them in a virtual shopping basketby clicking the “Add to shopping basket” button. The customer can view its contents at any time by clicking the “Show my shopping basket” button.
b. By clicking the waste-basket symbol in the shopping basket, the customer can remove individual products from their shopping basket at any time or empty the shopping basket completely.
c. To initiate the ordering process,the customer must click the “Checkout” button.
d. If the customer has already registered for the online shop, they can simply log in using their e-mail address and password. If the customer is a new customer, they must provide their personal data. They can decide whether they wish to create a customer account or not.
e. The customer must then select the payment method (e.g. credit card, PayPal, Klarna). They can also enter a voucher code.
f. At the end of the order process, the customer is shown an order overview. This allows the customer to check onefinal time what the customer wants to order. Changes and corrections tothe quantity can be made by clicking the “Quantity” field. Individual products can also be deleted completely. If the customer wishes to terminate the order process completely, they can close the browser window at any time. These steps are non-binding.
g. The customer must also declare that they have taken note of and agree to our General Terms and Conditions. Inaddition, they must declare that they have taken note of our data protection regulations by ticking the appropriate box.
h. By clicking the “Check out” button and submitting an order via the website, the customer places a legally binding order. The customer shall be bound by the order for a period of two weeks after placing the order; any consumer right to cancel an order pursuant to B III. shall remain unaffected.
i. A receipt of order confirmation isissued immediately after the order has been sent (“order confirmation”), inwhich the customer’s order is listed again and which the customer can print outusing the “Print” function of their e-mail programme. This automatic e-mail does not constitute a binding order acceptance.
j. A contract with us shall be concluded when the customer receives the goods at the latest. As part of the order confirmation, and when providing the download at the latest, the contract text (consisting of the order overview, General Terms and Conditions, and cancellation policy) is sent to the customer via a permanent medium (via e-mail). The contract text is stored in compliance with data protection laws.

IV. WARRANTY, DEFECTS OF TITLE
1. The agreement of a guarantee or the assumption of a procurement risk must be set out in writing to be effective.

2. The contractual performance shall be free from defects of title insofar as a third party cannot assert any claims against the customer in this respect within the territory of the Federal Republic of Germany. We only owe freedom from third-party rights in relation to other countries if we have confirmed this in writing.

V. PROVISION PERIOD, FORCE MAJEURE AND RIGHT OF WITHDRAWAL
1. The audio file(s) ordered by the customer shall be made available by e-mail for the customer to download immediately after conclusion of the contract.

2. The deadline for providing the service shall be extended appropriately in the event of force majeure. Excluded from this are those cases in which the existence of a case of force majeure and its duration have no influence on providing the service. The duration of thehindrance and a reasonable response time shall be taken into account when determining a reasonable time extension for providing the service. Cases of force majeure shall also include events unforeseeable at the time of concluding the contract.We will inform the customer immediately of the existence of force majeure and the expected end of this situation. If the force majeure situation lasts continuously for longer than three months or if the delivery date is extended by more than four months due to several instances of force majeure, both the customer and we shall be entitled to withdraw from the contract. In the eventof force majeure, the assertion of claims for damages and any further claimsshall be excluded. The obligation to provide consideration shall cease toapply, and any advance payments already made shall be refunded. The provisionsof this clause shall apply accordingly if the circumstances occur at asub-supplier and affect the delivery to us.

VI. PRICES,PAYMENT TERMS
1. As a small entrepreneur, Proforá does not charge VAT in accordance with Section 19 of the German Value Added Tax Act (Umsatzsteuergesetz, UStG).

2. Subject to any agreement to the contrary, payments shall be due net immediately upon transfer of risk/provisionof service. The costs and risk of payment shall be borne by the customer.

3. Applying a discount requires a separate agreement in each individual case.

4. Cheques and bills of exchange willonly be accepted with express written agreement.

5. Despite any provisions to thecontrary, we shall be entitled to offset payments made by the customer against the customer’s older debts first. If costs and interest have been incurred, wemay offset the payment against the costs, then against the interest and finally against the principal claim.

VII. WARRANTY
The statutory provisions of Section 327 et seq. of the German Civil Code (Bürgerlichen Gesetzbuch, BGB) shall apply.

VIII. LIABILITY
1. In accordance with the statutory provisions, we shall be liable in the event of a culpable breach of duty forall damages arising from injury to life, limb or health.

2. In accordance with the statutory provisions, we shall be liable in the event of a culpable breach of material contractual obligations. However, liability is limited to foreseeable, contract-typical damage if we do not violate essential contractual obligations intentionally or through gross negligence. Material contractual obligations arethose that are absolutely necessary to fulfil the purpose associated with the contract and on whose compliance the customer may rely.

3. We are liable for a grossly negligent and intentional breach of non-essential contractual obligations.

4. In the event that a contractual guarantee has been agreed, we shall be liable in accordance with the guarantee declaration.

5. Liability is excluded in all other respects.

6. Insofar as our liability is limitedor excluded on the basis of the preceding clauses, this shall also apply to theliability of our legal representatives and vicarious agents, including our employees and staff.

IX. CANCELLATION RIGHT AND CANCELLATION POLICY
As a consumer, the customer has a cancellation right for contracts concluded outside business premises and for distance-selling contracts.

Cancellation policy

Cancellation right

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have/has taken possession of the final goods.

To exercise your cancellation right, you must inform us, Proforá (small business)
Owner Isabelle Métrope
Bannholzstraße 8
72127 Kusterdingen
Germany
Tel.: +49 (0)152 26648059
E-mail: info@profora.net

of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you may use the cancellation template enclosed, but this is not obligatory. To comply with the cancellation period, it is sufficient for you to notify us that you are exercising your cancellation right before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification that you wish to cancel this contract. To issue this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. If you have requested that construction work begins during the cancellation period, you must pay us a reasonable sum corresponding to the proportion of the construction work already completed by the time you notify us that you are exercising your cancellation right with regard to this contract compared to the total scope of the construction work provided for in the contract. In the case of a sale of consumer goods, we may refuse to process the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or surrender the goods to us immediately and in any case no later than fourteen days from the day on which you notify us that you are cancelling this contract. This grace period is considered to have been met if you send the goods before the end of the fourteen days. You shall bear the immediate costs for returning the goods. You only have to pay for any loss in value of the goods if this loss in value arises as a result of handling the goods unnecessarily for testing the quality, characteristics and functioning of the goods.

You can also use the following cancellation template. However, this is not obligatory:

Cancellation template:
(If you wish to cancel the contract, please complete and return this form.)
Proforá (small business)
Owner Isabelle Métrope Bannholzstraße 8
72127 Kusterdingen
Germany
Tel.: +49 (0)152 26648059
E-mail: info@profora.net

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) .............................................................................. .............................................................................. (Name of the goods, order number and price, if applicable) .............................................................................. Ordered on (*)/received on (*) .............................................................................. Name of the consumer(s) .............................................................................. Address of the consumer(s) .............................................................................. Signature of the consumer(s) (only if completing a paper copy of this template) .............................................................................. Date

(*) Delete as applicable.

X. NOTICES PURSUANT TO SECTION 36 OF THE GERMAN ACT ON ALTERNATIVE DISPUTE RESOLUTION INCONSUMER MATTERS (VERBRAUCHERSTREITBEILEGUNGSGESETZ, VSBG) AND THE ONLINEDISPUTE RESOLUTION (ODR) REGULATION
The customer was informed that consumers are able to use the EU Commission’s platform for online dispute resolution. The platform can be accessed here: www.ec.europa.eu/consumers/odr.

We do not participate in dispute resolution proceedings before a consumerarbitration board.

XI. DATA PROTECTION
We process your personal data in accordance with the statutory provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). The details can be found in our data protection information.

XII. WRITTEN FORM
Any amendments and supplements to these General Terms and Conditions, as well as the waiver of their validity, must be made in writing. This also applies withregard to a possible waiver of the written-form requirement.

XIII. SEVERABILITY CLAUSE
1. Should one or more provisions of these General Terms and Conditions or part thereof be invalid, this invalidity shall not affect the validity of the remaining provisions or the contract as a whole.

2. Clause 1 shall apply accordingly inthe case of a loophole.

As at: 02/2022