Händlerbund Management AG
telbes Customer Services General Terms & Conditions
Scope1.1 These General Terms and Conditions (hereinafter referred to as “T&Cs”) govern all contracts between Händlerbund Management AG, Arcus Park/Torgauer Str. 233, 04347 Leipzig (hereinafter referred to as “Händlerbund”) and the customer who booked the service package telbes customer services.
1.2 These T&Cs also govern all future deliveries, services or offers to the customers obtained through the telbes customer service, even if they are not separately agreed upon again.
1.3 Any T&Cs deviating from or contrary to these are effective only with the express consent of Händlerbund.
1.4 The contractual language shall be German. The complete contract text shall not be filed with the provider. The customer can print out the contractual text or save it electronically using the print function in the browser before booking. The T&Cs in their current version are viewable on the Händlerbund website at all times.
2. Entrepreneurial Status2.1 telbes customer service are only available to entrepreneurs within the meaning of § 14 BGB (German Civil Code) meaning customers who have ordered and implemented the telbes customer service within the framework of their independent, professional or commercial activities.
2.2 The Händlerbund checks for the entrepreneurial status of the customers before the closing of a contract.
2.3 The Händlerbund is entitled to check the status of a customer as an entrepreneur before and during the execution of the contract. For the purpose of verification the Händlerbund is entitled to demand documents regarding commercial law, company law, trade law and tax law which are suitable to prove the entrepreneurship of the customer. In this case a postponement of the conclusion of contract occurs contingent on the receipt of the requested supporting documents as to entrepreneurial status.
3. The Conclusion of Contracts3.1. The customer has the possibility to inform himself/herself about the telbes customer service and about Händlerbund by filling in and sending a contact form at the website http://telbes.de (hereinafter referred to as “Service Website”).
3.2. The customer has the possibility to book the telbes customer service either online at the website http://telbes.de/preise (under number 3.3.1) or by email, telephone, fax or post (under number 3.3.2).
3.3. Conclusion of Contracts with Online Orders
3.3.1. The Internet services offered regarding the use of the telbes customer service constitute no binding offer at the conclusion of a contract, but rather an incitement to file an order (the offer of a contract by the customer). After selecting the current Allin Package, the customer has the possibility (also using the “back” function in the browser) to cancel the telbes customer service booking before the submission of his/her contractual declaration. Upon booking the service using the button indicated as “Book Now”, the customer is giving a legally binding offer to Händlerbund. The customer will shortly thereafter receive an automatic e-mail regarding the receipt of the booking that does not yet lead to the conclusion of the contract.
3.3.2. The acceptance of the offer by Händlerbund (and therewith the conclusion of the contract) takes place within 5 workdays through an order confirmation by e-mail. After the expiry of that time the customer is no longer bound to his/her offer of concluding the contract.
3.3.3. The requests by the customer for the preparation of an offer for the telbes customer service package “Enterprise” using the button indicated as “Place Request” are non-legally binding for the customer. The Händlerbund shall submit to the customer by e-mail a binding offer that the customer may accept within 5 working days.
4. Range of Services4.1 The Händlerbund’s range of services amounts to the service package chosen by the customer (invoice model and booked services). Information about the individual service packages can be found under http://telbes.de/en/prices.
4.2 Telephone Service
4.2.1 The telephone service is comprised of the answering of telephone calls under one or more of the customer’s Händlerbund-assigned telephone numbers as well as the forwarding of answered telephone calls to one or more of the customer-provided telephone numbers that have been given for this reason.
4.2.2 The telephone service is furthermore comprised of messaging the customer about answered telephone calls by e-mail or by “short message service” (hereinafter referred to as “text”) to the customer-provided e-mail address or mobile number as well as the recording and disclosing of the name of the person calling, their contact data, the reason for calling including the contents of the conversation in the e-mail or text, provided the customer has declared answering and forwarding terms.
4.2.3 Requests by telephone shall be accepted and answered in the name of the customers.
4.2.4 Providing the customer-chosen service package that has been tailored to the customer’s call answering contains a customer-provided greeting, the customer has the possibility to change this greeting at any time, notifying Händlerbund by e-mail at firstname.lastname@example.org of the change. Händlerbund reserves the right to shorten the length of the greeting, taking into account the interests of the customer, to avoid the inappropriate impairment of the telbes customer service.
4.2.5 The Händlerbund allocates the telephone numbers to the customer at its own discretion taking into account the legitimate interests of the customer. A request for a specially selected telephone number is not subject to existing contractual commitments. The owner of the connection from the Händlerbund for the telephone connections for the telbes customer service is the Händlerbund. All rights with respect to the use and dissemination of the telephone numbers remain with the Händlerbund.
4.2.6 The customer is, as far as the selected service package encompasses, entitled to enter the numbers into open directories vis-á-vis publicizing potential callers.
4.3 E-mail Service
4.3.1 The e-mail service consists of the receiving, the processing and the recording of e-mails sent to one or more of the e-mail addresses provided by customers to the Händlerbund as well as the forwarding, recording and answering of the incoming e-mails in the customer-assigned e-mail inboxes.
4.3.2 The e-mail service consists furthermore of the notification of the customers as to the content of incoming e-mails and the answering of the e-mail and/or text to one of the e-mail addresses and/or mobile numbers given by the customer for this purpose.
4.3.3 The ownership of the e-mail addresses assigned to the Händlerbund remains with the customer.
4.4 The answering of the e-mails is made on behalf of the customers.
4.5 Reports by the Händlerbund are made available to the customers by way of a monthly overview including the collected telephone calls and e-mails as well as the processing and answering thereof. These reports consist of the contact data of the callers or senders, the content of the telephone conversations or the e-mail conversations, and, concerning e-mails, the times of receipt of the e-mails and, where applicable, the sending of answers to the e-mails on behalf of the customers as well as, with telephone calls, the dates and lengths of the calls.
The Händlerbund Power of Attorney5.1 The customer authorizes the Händlerbund, within the framework of the respective scope of services ordered, to provide and receive the declarations of intention in the name of the customers.
5.2 The power of attorney is unlimited and encompasses especially the collected legal transactions required for the fulfilment of the service packages selected by the customers.
5.3 The power of attorney can at all times be withdrawn.
6. The Sending of Messages and Documents to the CustomersIf the service package includes the sending of messages and documents to the customers by e-mail, fax or post, the customer shall assume the risk of liability in cases of the complete and correct transference of the sent e-mail or fax to a third party or the transference of data to a specific third party.
7. Availability7.1 The availability of the telbes customer service amounts to the respective service package selected by the customer.
7.2 During the time that the services are available to the customer, the Händlerbund will provide the agreed upon number of telephone numbers as stipulated in the service package.
7.3 The Händlerbund reserves the right to temporarily restrict the services due to technical difficulties or due to an extraordinary workload that the Händlerbund had neither foreseen nor with due diligence anticipated.
7.4 The telbes customer service will of course be interrupted for necessary repairs and maintenance on the technical equipment. The Händlerbund will notify the customer about such interruptions by e-mail immediately after becoming aware of the necessity for repair or maintenance as soon as the problem is apparent.
8. Customer Obligations8.1 The customer is obligated to inform the Händlerbund about predictable rises in the average amount of customer contact by telephone and/or e-mail. This is especially valid in the case of customers doing advertising, coupon or other campaigns that increase sales.
8.2 The customer is obligated, in the case of booking the e-mail service, to provide the suitable e-mail addresses. The customer shall not answer any e-mails during the times the e-mail service is activated.
8.3 All costs accrued in conjunction with the setup and maintenance of the e-mail inboxes provided by the customer are paid by the customer.
9. Service Fees9.1 The amount in fees charged to the customer are dependent on the service package booked. The fees are put together into a base price and the prices for individually booked services.
9.1.1 The base price consists of the service package price as booked by the customer and is for the provision of services, necessary technical equipment and service personnel.
9.1.2 Along with the base price, services provided by the Händlerbund shall be refunded according to the price list valid upon the conclusion of the contract.
10. Terms of PaymentThe base price and the individual services rendered will be billed monthly. The invoice is effected within 7 days after the end of every calendar month. The amount invoiced shall be immediately payable and due for payment.
11. Cancellation11.1 The contract is concluded for an indefinite period of time.
11.2 The contract can be properly terminated by either party if a prior notice period of two weeks before the end of the month is adhered to.
11.3 The right of both parties for a cancellation without previous notice remains unaffected.
11.4 A claim on the relinquishment of the assigned telephone numbers upon terminating the contract pursuant to number 4.2 of these T&Cs does not exist. The customer is hereby informed that, upon termination of the contract, the assigned telephone numbers shall be made available to another customer by the Händlerbund.
11.5 The customer is obligated, upon the termination of contract, in case of number 4.2.6, to allow the deletion of all open listings of the assigned telephone numbers by the Händlerbund and to take measures to inform all potential callers as to the discontinuation of these numbers.
12 Liability12.1 The Händlerbund is liable for intent and gross negligence in all cases of contractual and non-contractual liability within the legal limits.
12.2 In certain cases the Händlerbund is liable, insofar as it is not stated in number 14.4 of these T&Cs, only in cases of violations of contractual obligations, whose fulfillment enables the proper implementation of the contract and on which the customer can regularly rely (so-called cardinal duties). In all other cases the liability of the Händlerbund is excluded subject to the provisions of number 14.4 of these T&Cs.
12.3 Insofar as the Händlerbund pursuant to number 14.2 of these T&Cs bears liability, the liability is limited to damages foreseen by the Händlerbund as a consequence of an infringement of contract or should have foreseen with the implementation of due diligence.
12.4 The liability of the Händlerbund, for damages resulting from the destruction of life, personal injury or health and according to the product liability law, shall remain unaffected by the aforementioned limited and excluded liabilities.
13. Personal Performance13.1 The Händlerbund effects in number 4 of these T&Cs regulated services solely accountable to the customer whose identity is known to the Händlerbund or has been checked.
13.2 A transfer of claims from the contract as to the telbes customer service requires the approval of the Händlerbund. Händlerbund contradicts the paid transfer of services by the customer to a third party under the proviso that Händlerbund asserts the legitimate interests of the customer concerning this transfer.
14.1 The law of the Federal Republic of Germany shall apply excluding the UN-Convention on Contract for the International Sale of Goods (CISG).
14.2 The exclusive place of jurisdiction for all legal disputes resulting from and connected to the scope of closed contracts in accordance with these T&Cs is Leipzig.