Terms and Conditions

Terms and Conditions

Introduction

branchbob GmbH operates an online shop platform based on its software solution "PayOnly". This allows merchants to create their own online shops using this platform, where the merchant can host all the data of the products sold in their online shop along with descriptions. branchbob GmbH also collaborates with external partners who are integrated through interfaces. In addition to using the basic version of the platform, PayOnly offers the option to purchase additional themes and apps through the platform.

A. General

1. Applicability, Changes to these Terms and Conditions

1.1 All services provided by branchbob GmbH are exclusively based on these terms and conditions. They form part of all contracts that branchbob GmbH concludes with the contractual partner regarding services it offers. They also apply to all future services or offers to the contractual partner, even if they are not separately agreed upon again.

1.2 The contractual partner's terms and conditions do not apply, even if branchbob GmbH does not explicitly object to their application in a specific case.

1.3 branchbob GmbH may amend these terms and conditions with a notice period of 6 weeks. The contractual partner agrees to be informed of any changes to these terms and conditions via email sent to the most recent email address provided to branchbob GmbH. If the contractual partner does not object in writing or by email within one month of receiving the notice, the changes to these terms and conditions will be considered approved by the contractual partner. branchbob GmbH will notify the contractual partner in the change announcement that the change will become effective if the contractual partner does not object within 4 weeks of receipt.

2. Contractual Parties

The contract is concluded between branchbob GmbH and merchants ("Merchants") or developers ("Developers") of software applications ("Extensions") and themes (Merchants and Developers collectively referred to as "Contractual Partners" or "Partners"). The contractual partner of branchbob GmbH can only be entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and public law institutions.

3. Subject of the Contract, Registration

3.1 The subject of the contract is the

  • Provision of the "PayOnly" software (hereinafter referred to as "Software") for use via the Internet;
  • Provision of storage space on the servers of and by branchbob GmbH for the operation of an online shop according to the respective PayOnly offer;
  • Purchase of extensions and themes from developers;
  • Sale of extensions and themes to merchants on their own behalf and at their own expense;
  • As well as the provision of advanced functions and additional services within premium plans, which go beyond the services of the free plan.

Part "A. General" applies to all contractual relationships between branchbob GmbH and its contractual partners. In addition, the special provisions of Parts B – E apply.

3.2 To register with branchbob GmbH, the merchant enters their shop name, email address, and a password, and agrees to these terms and conditions. All other data can be entered later in the shop administration area. The merchant fills out an online registration form.

4. Offer of the Contractual Partner and Conclusion of the Contract

The registration form completed by the contractual partner constitutes an offer to conclude a contract with branchbob GmbH. branchbob GmbH can accept or reject this offer within 2 weeks after receiving it. If branchbob GmbH does not respond within this 2-week period, the offer is considered accepted.

5. Obligations of the Contractual Partners

5.1 The contractual partner is obliged to provide truthful information to branchbob GmbH, particularly answering questions regarding their data truthfully and promptly informing branchbob GmbH of any changes to their data, especially changes to their email address. Until the contractual partner provides new data, especially a new email address, branchbob GmbH is entitled to send communications and declarations of intent to the last known address and email address.

5.2 The contractual partner is solely responsible for the content they upload to their online shop, including product descriptions, images, etc. They are especially responsible for ensuring that the content of their online shop or any extensions does not violate third-party rights and must not offer domains or content with racist, Holocaust-denying, glorifying war, or pornographic content or any content violating youth protection laws. This also applies if such content is made accessible through hyperlinks or other connections to third-party sites. The contractual partner indemnifies branchbob GmbH upon first request from any third-party claims (including, but not limited to, authorities) related to the content of the online shop or extension created and operated by the contractual partner, particularly in terms of copyright violations, trademark infringements, or violations of the Unfair Competition Act. This indemnification obligation also covers attorney fees, court fees, witness fees, and expert fees incurred by branchbob GmbH. branchbob GmbH is not obliged to initiate legal action against these third parties or to take legal action itself.

5.3 The contractual partner is liable to branchbob GmbH for any misuse of their user credentials and access data. The merchant is prohibited from sharing their user credentials and access data with unauthorized third parties.

6. Liability of branchbob GmbH

6.1 branchbob GmbH is not liable for the content of the merchant's shop, particularly for any violations of legal provisions by the merchant's online shop.

6.2 In all cases of contractual and non-contractual liability, branchbob GmbH provides compensation exclusively according to the following limits:

  • In case of intent and gross negligence, without limitation, as well as in case of a missing quality for which the seller has assumed a guarantee;
  • In case of slight negligence, only for the violation of a material contractual obligation, up to the contractually typical foreseeable damage;

6.3 The liability limits according to clause 6.2 do not apply to personal injury and liability under the Product Liability Act.

6.4 branchbob GmbH is not liable for compliance with legal requirements in the frontend of the online shop. These lie within the responsibility of the merchant and must be configured by the merchant themselves, if necessary, using the pre-configured functionalities or code.

7. Jurisdiction and Applicable Law

7.1 Only German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

7.2 The exclusive jurisdiction for all legal disputes arising from or in connection with this contract is the location of branchbob GmbH in Mannheim. If branchbob GmbH initiates a lawsuit, it is also entitled to choose the jurisdiction at the contractual partner's location.

7.3 No oral side agreements have been made. Any changes, additions, and supplements to this contract are only valid if they are agreed upon in writing by the contractual parties.

7.4 If any provision of this contract is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties to the contract are obliged to replace the invalid provision with a valid provision that most closely reflects the economic purpose of the invalid provision. The same applies in the event of a contractual gap.

As of: 10.10.2024