General terms and conditions
§ 1 Contractual partner, scope
- Contracts are concluded in the name of and for the account of tolingo GmbH (Hamburg District Court, HRB 102250, VAT reg. no.: DE 814889279), represented by Managing Director Jens Völkel, Winterstraße 2, 22765 Hamburg, Germany.
- The following General Terms and Conditions apply exclusively to the business relationship between tolingo GmbH (hereinafter referred to as “Beglaubigung24”) and the client (hereinafter referred to as “Client”) in the version valid at the time of the order.
§ 2 Conclusion of contract
- The Client may choose from a variety of document types (deeds, certificates, contracts, etc.) from the range offered by Beglaubigung24. The Client can then upload the documents required for certification and add them to a so-called shopping cart by clicking the “Add to cart” button. By clicking on the “Order and pay” button, the Client is submitting a binding request for certification of the documents placed in the shopping cart. Before submitting the order, the Client may view and alter the data at any time. However, the request for certification can only be submitted and transmitted if the Client has accepted these General Terms and Conditions by clicking on the “Accept GTC” button, thereby including these GTC in the Client’s request.
- Beglaubigung24 shall then send the Client an automated confirmation of receipt message by e-mail, in which the details of the Client’s order are listed again. The automated confirmation of receipt is merely a record documenting that the Client’s order has been received by Beglaubigung24. The confirmation of receipt does not constitute acceptance of the request by Beglaubigung24. The contract is only concluded when Beglaubigung24 submits to the Client a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest on delivery of the certified document(s), the text of the contract, which consists of the order, these GTC and the order confirmation, is sent to the Client by Beglaubigung24 (a so-called confirmation of contract) on a durable medium (e-mail or hard copy). The text of the contract is stored in compliance with data protection laws.
- The conclusion of contract is carried out in German.
§ 3 Delivery, delivery time, availability
- Any delivery times specified by Beglaubigung24 are calculated from the date of the order confirmation if the certified translation has been paid for in advance. If no delivery time, or no alternative delivery time, is specified for the respective certified translation, the delivery time is 3-4 business days for delivery by e-mail of the certified translation as a PDF document and 5-6 business days for dispatch by post.
- If certification of a document selected by the Client is temporarily unavailable at the time of the Client’s order, Beglaubigung24 shall immediately inform the Client of this in the order confirmation. If such a certification is simply not possible at all, Beglaubigung24 shall not accept the Client’s request. If this is the case, a contract is not concluded.
- If the document provided by the Client contains illegal content, Beglaubigung24 shall refuse to certify the document and shall not accept the Client’s request. If this is the case, a contract is not concluded.
- Beglaubigung24 only delivers to Clients whose billing address and delivery address are in Germany.
§ 4 Retention of title
Until full payment is made, the delivered certified translation remain the property of Beglaubigung24.
§ 5 Prices and shipping costs
- All prices stated on the website of Beglaubigung24 included the applicable statutory value added tax.
- There are no shipping costs. Beglaubigung24 shall deliver the certified translation to the Client free of charge.
- The certified translation is sent by post. Beglaubigung24 bears all risks involved in shipping the certified translation.
§ 6 Payment methods
- The Client may pay by credit card (American Express, Visa, Mastercard), PayPal, Apple Pay, or Google Pay, or the Client may ‘purchase on account’ in cooperation with Klarna.
- Payment by invoice is offered by and made in cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. In this case, Beglaubigung24 shall assign the claim for payment to Klarna Bank Bank AB (publ). Payment by invoice requires a positive credit check of the Client. The deadline for such payment is 30 days from the date on which the certified translation is made available to the Client. The Client can find additional information concerning the ‘purchase on account’ option at https://cdn.klarna.com/1.0/shared/content/legal/terms/28601/de_de/invoice.
- Payment of the cost of the certified translation is due immediately on conclusion of the contract.
§ 7 Warranty
Beglaubigung24 is liable for defects in accordance with the applicable legal regulations, in particular §§ 634 ff. of the German Civil Code (BGB).
§ 8 Liability
- Any claims of the Client for damages are excluded. This exclusion does not cover claims for damages by the Client arising from or in connection with an injury to life, limb or health, from the breach of material contractual obligations (cardinal obligations) or any liability for other damages resulting from intentional or grossly negligent breach of obligation by Beglaubigung24, Beglaubigung24’s legal representatives or vicarious agents. Material contractual obligations are those obligations the fulfilment of which is necessary to achieve the objective of the contract.
- In the event of a breach of a material contractual obligation, Beglaubigung24 is liable only for foreseeable damages that are typical for this type of contract if such damages were caused by simple negligence, unless the Client’s claims for damages are based on an injury to life, limb or health.
- The restrictions of Paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of Beglaubigung24 if claims are asserted directly against them.
- The limitations of liability stipulated in Paragraphs 1 and 2 do not apply if Beglaubigung24 has fraudulently concealed defects or has provided a guarantee for the quality of the certified translation. The same applies if Beglaubigung24 and the Client have reached an agreement on the condition, quality or characteristics of the certified translation. The provisions of the German Product Liability Act remain unaffected.
§ 9 Cancellation policy
(1 ) Consumers have a statutory right of cancellation when concluding a long-distance sales transaction, the details of which are provided to the Client by Beglaubigung24 by means of the legal template below. A sample cancellation form can be found in Paragraph 2.
Right of cancellation
You have the right to withdraw from this contract within 14 days without providing justification.
The cancellation period is 14 days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us, tolingo GmbH, Winterstraße 2, 22765 Hamburg, Tel: +49 40 413 583 024, E-Mail: email@example.com, by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the cancellation period, you must send the declaration of your intention to exercise your right of cancellation before expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall reimburse all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you chose a method of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days of the day on which we receive the declaration of your intention to withdraw from this contract. We shall use the same means of payment that you used for the original transaction for reimbursement, unless we have expressly agreed otherwise with you. You shall not be charged for the reimbursement.
If you have requested that the services begin during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already rendered up to the time at which you notify us of your intention to exercise your right of cancellation in relation to the total scope/amount of the services to be rendered as stipulated in the contract.
2. Beglaubigung24 hereby provides the Client with a sample cancellation form as required by law:
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
(*) Delete as applicable
§ 10 Final provisions
- Contracts between Beglaubigung24 and all Clients are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the restriction of the choice of law and on the applicability of any mandatory provisions, in particular in the state in which the Client’s habitual place of residence as a consumer is located, remain unaffected.
- If the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of or in connection with the contractual relationships between the Client and Beglaubigung24 is Hamburg, Germany.
- If individual provisions of these GTC are legally invalid, this shall not affect the validity of the remaining provisions. Legally mandated provisions, if any, shall apply in place of the invalid provisions. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall then become invalid.
§ 11 Online Dispute Resolution (ODR)
- We are neither willing nor obliged to participate in any dispute resolution procedure before a consumer arbitration board.
- The EU Commission has created an internet platform for the settlement of disputes online (so-called “ODR platform”). The ODR platform serves as a point of contact for any out-of-court dispute settlements concerning contractual obligations arising from or in connection with online purchase agreements. The Client may access the ODR platform using the following link: ec.europa.eu/consumes/odr/.