TERMS OF SERVICE

General terms and conditions of the application 4U


§ 1 scope

(1)        The following General Terms and Conditions (GTC) in the version valid at the time of the order apply to the business relationship between the company Application 4U, owner Asmahan Gamgami, Hinter den Höfen 32, 40589 Düsseldorf (hereinafter "Application 4U") and the respective customer.

(2)        A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).

(3)        Deviating conditions of the customer are not recognized. Something different only applies if application 4U expressly agrees to its validity.


§ 2 Offers and service descriptions


(1)         Service descriptions in addition to the services offered do not have the character of an assurance or guarantee.

(2)        Application 4U expressly reserves the right to make errors on the website.


§ 3 Order process and conclusion of contract

(1)         The customer can make a non-binding selection from the range of services presented on the website and then place a binding order.

(2)         To do this, the customer must place the desired services in the shopping cart on the 4U application website and then proceed with the ordering process. The customer can then enter his contact details in the checkout area or use the data stored there via a direct link from PayPal.

(3)         A legally binding contract is already concluded when the customer places an order (ordering the service).

(4)        Application 4U reserves the right to reject an order without giving reasons. The rejection takes place within 48 hours after receipt of the order.


§ 4 prices

All prices stated on the 4U application website are in euros and include the applicable statutory value-added tax.


§ 5 payment process

(1)        The customer can choose from the available payment methods before completing the order process.

(2)        If third-party providers, such as PayPal, are commissioned to process payments, their general terms and conditions apply accordingly.

(3)        If the due date of the purchase price payment is determined according to the calendar, the customer is already in default by missing this date and has to pay the corresponding statutory default interest. Application 4U reserves the right to claim further damage caused by default in addition to default interest.


§ 6 Offsetting


The customer is only entitled to offset if his counterclaims have been legally established or recognized by 4U's application. The customer can only exercise a right of retention if the claims result from the same contractual relationship.


§ 7 Service


The application documents, résumés and preparatory documents created by application 4U are individually created for the respective customer according to the order, to the best of our knowledge.


§ 8 Process of preparing the documents


When preparing the application documents (cover letter, curriculum vitae, etc.), complaints regarding content as well as design-related objections to the data transmitted by application 4U must be reported within three working days of receipt and with precise details of the text or design passage in the PDF document establish. If the customer complies with this requirement, he can request the improvement within five working days. In this regard, the customer is entitled to two correction runs from the first completion of the documents. Any further change requests will be charged separately according to the effort. The customer agrees to allow a period of three working days for express orders.


§ 9 Course of the coaching


(1)         The basis for the coaching and the advisory services are the preparatory discussions held between the 4U application and the customer. The coach provided by application 4U is at the customer's side as a companion and supporter. The actual change work has to be done by the customer himself. In this respect, each customer bears responsibility for himself. This applies both inside and outside the respective consulting service. Application 4U cannot therefore guarantee success. Participation in coaching is not a substitute for any necessary therapeutic, medical or psychiatric treatments and requires normal psychological and physical resilience.

(2)         The customer can end the coaching at any time without giving reasons. However, this does not release him from his payment obligation towards application 4U. No reimbursement will be made for hours that have not yet been performed.

(3)        Appointments that cannot be observed by the customer must be canceled at least 48 hours in advance. No costs will be charged to the customer for appointments canceled in good time. Appointments that are canceled at least 24 hours in advance will be charged at a flat rate of 50% of the costs for the respective appointment. Appointments that are canceled or missed less than 24 hours in advance must be paid for in full.


§ 10 liability

(1)        Regardless of the other statutory entitlement requirements, the following exclusions and limitations of liability apply to the liability of the 4U application for compensation:

(a)        Application 4U has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.

(b)        Application 4U is also liable for slightly negligent breaches of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies. In this regard, however, 4U's application is only liable for the foreseeable, contract-typical damage. However, application 4U is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

(2)        The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after assuming a guarantee with regard to the quality of the services, as well as for fraudulently concealed defects.

(3)         The files sent by Application 4U are opened at the customer's risk. Application 4U cannot accept any liability for the files being free from viruses or other malware. However, it ensures that the virus protection software it uses is state-of-the-art at all times.

(4)         The customer must ensure that the documents sent by application 4U do not enter his spam folder. If this does happen, application 4U is not liable for it.

(5)         The customer is responsible for meeting deadlines in connection with an application.

(6)         With regard to coaching, liability is limited to the amount of the fee paid by the customer.

(7)        Liability under the Product Liability Act remains unaffected.

(8th)        Insofar as the liability of the 4U application is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.


§ 11 Copyright and Ownership


Application 4U retains the copyright to the service results even after the service results have been made available. In this respect, the customer only acquires permanent usage authorization.


§ 12 Storage of the contract text

By clicking the “General Terms and Conditions” button on the 4U application website, the customer can print out the text of the contract before submitting the order.


§ 13 right of withdrawal


The documents created by application 4U are services that are tailor-made for the customer according to his wishes. Therefore there is no right of withdrawal for them.


§ 14 data protection

(1)        Application 4U processes the customer's personal data for a specific purpose and in accordance with the statutory provisions.

(2)        When you visit the website of the 4U application, the IP address currently used by the customer's PC, the date and time, the browser type and the operating system of this PC and the pages viewed by the customer are logged. However, conclusions about personal data are not possible and also not intended.

(3)        The customer's personal data provided for the purpose of the order will be used by application 4U to fulfill and process the contract. These data are treated with absolute confidentiality and are not passed on to third parties, unless they are involved in the ordering, delivery or payment process.

(4)        Upon request, the customer can receive information about the personal data stored about him by the 4U application free of charge. In addition, he has the right to correct incorrect data and to have his personal data blocked or deleted, insofar as there is no legal obligation to retain it.

(5)        Further information on data protection can be found in the separate data protection declaration for the 4U application, which is made available on its website.


§ 15 consumer dispute settlement


Application 4U is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. This does not affect the European Dispute Resolution Center, which the customer can reach at any time at http://ec.europa.eu/consumers/odr/.


§ 16 Place of Jurisdiction and Applicable Law

(1)        The law of the Federal Republic of Germany applies to the contractual relationships between application 4U and the customer. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law.

(2)        The place of jurisdiction for all disputes arising from the contractual relationship between the customer and application 4U is the seat of application 4U, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.


§ 17 Severability Clause

Should a provision of these general terms and conditions be or become ineffective, the validity of the remaining provisions will not be affected.