Terms and Conditions

General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all deliveries and services of Farbdenker Digital e. K. (hereinafter referred to as "Seller").

(2) The Seller does not recognize any terms and conditions of the customer that deviate from these GTC, unless the Seller has expressly agreed to them in writing. The Seller’s GTC shall also apply if the Seller performs services without reservation despite being aware of conflicting or deviating conditions of the customer.

(3) These GTC apply exclusively to businesses (§ 14 para. 1 BGB), legal entities under public law, or special funds under public law in accordance with § 310 para. 1 BGB.

§ 2 Contracting Parties

(1) The contract is concluded on the Seller’s side with Farbdenker Digital e. K., owner: Sebastian Wehrmann, Cranger Straße 53, 45894 Gelsenkirchen, registered in the commercial register of the Gelsenkirchen District Court, HR A 4961.

(2) The Seller only enters into contracts with customers who are businesses (§ 14 para. 1 BGB), legal entities under public law, or special funds under public law in accordance with § 310 para. 1 BGB. A contract with consumers is excluded. A consumer is any individual who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity (§ 13 BGB).

§ 3 Conclusion of Contract

(1) The presentation of the Seller’s products and services on the internet does not constitute a legally binding offer from the Seller, but merely an invitation to submit an offer.

(2) By clicking the "Order with payment obligation" button, the customer submits a binding offer to conclude a contract with the Seller. The Seller may accept the customer’s offer within 14 days.

(3) The contract between the customer and the Seller is only concluded with the Seller's express acceptance of the customer's offer or with the first fulfillment action performed by the Seller. The Seller reserves the right to refuse to conclude the contract with the customer without stating reasons.

§ 4 Subject of the Contract

The subject of the contract between the Seller and the customer is the transfer of exclusive usage rights (ownership) to one or more internet domains offered by the Seller and selected by the customer from the Seller’s offer at the purchase price specified on the Seller’s website. The customer acquires the contract domains with all rights and obligations.

§ 5 Customer Obligations

(1) The customer is obligated to pay the purchase price for the domain(s) in accordance with § 8 of these GTC.

(2) The customer assures the Seller that all data provided to the Seller are complete and accurate. The customer is obliged to promptly inform the Seller of any changes to their data.

(3) The customer must take all actions necessary for the transfer of the domain(s) and provide all required declarations for the transfer.

(4) After the transfer of the domain(s), the customer must promptly inform the Seller. The transfer is considered completed once the customer is listed as the owner of the domain in the relevant Whois database of the registry.

§ 6 Seller Obligations

(1) The Seller is obligated to take all actions necessary for the transfer of the contract domains and to provide all required declarations for the transfer. In particular, the Seller is obligated to provide the AuthInfo codes. These actions and declarations are due 14 days after the full purchase price for the respective domain is received by the Seller.

(2) The Seller further assures that they are either the owner of the contract domains or authorized to sell the respective domains on their own behalf.

§ 7 Purchase Price, Additional Costs

(1) The purchase prices stated on the Seller’s website are net prices plus the applicable VAT (currently 19%).

(2) Any additional costs incurred by the customer during the transfer of the domain(s) are borne by the customer. Any additional costs incurred by the Seller during the transfer of the domain(s) are borne by the Seller.

§ 8 Due Date of Purchase Price, Payment Methods

(1) The total purchase price is due within 14 days after the Seller’s acceptance of the customer’s offer.

(2) If the customer is in default with the payment, they are obliged to pay default interest at the statutory rate. The Seller’s right to assert further claims, particularly for higher default damages, is not excluded.

(3) The customer generally has the option to pay in advance (bank transfer) or with Bitcoin.

(4) The selection of available payment methods is at the discretion of the Seller. The Seller reserves the right to offer the customer only selected payment methods, for example, advance payment to mitigate the Seller’s credit risk.

§ 9 Warranty and Liability

(1) The Seller assures that they are the owner of the offered domains and/or otherwise have the right to dispose of them. Furthermore, the Seller assures that the object of purchase is not encumbered with third-party rights and that they have not received any warnings or interim injunctions in relation to the object of purchase, nor have they become aware of any legal violations through judicial or extrajudicial means.

(2) Any other liability of the Seller and their vicarious agents for legal defects is excluded, unless it is based on intent or gross negligence. This exclusion of liability does not affect liability for injuries to life, body, or health, nor does it apply to the intentional or negligent violation of essential contractual obligations. Essential contractual obligations are obligations that are necessary to achieve the purpose of the contract.

(3) Furthermore, the Seller is only liable for damages caused by intentional or grossly negligent conduct of the Seller, their legal representatives, or vicarious agents. This does not apply to damages resulting from injury to life, body, or health, in cases of express guarantees by the Seller, or for the violation of essential contractual obligations.

§ 10 Final Provisions

(1) This contract and the entire legal relationship between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance and exclusive jurisdiction for all disputes arising from this contract is our business location, unless otherwise stated in the order confirmation.

(3) All agreements made between the parties in the course of executing this contract are documented in this contract.

(4) If individual provisions of this contract are wholly or partially invalid or void, the validity of the remainder of the contract shall not be affected. The contracting parties undertake to replace the invalid or void provision with a valid provision that comes as close as possible to the intended legal and economic purpose.

If any terms of this contract require interpretation or supplementation, interpretation or supplementation shall be based on the purpose and content of the contract, as well as the presumed intention of the parties had they recognized the need for interpretation or supplementation. The same applies to any gaps in the contract.