Terms and Conditions for Ovara Packages

General Terms and Conditions

Status of the GTC August 2022 (11.08.2024)

§1 Scope of application and provider

(1) The following General Terms and Conditions (GTC) apply to all orders between FloBa Media (hereinafter "Seller") and the customer (hereinafter "Customer") in the version valid at the time of the order.
FloBa Media refers to FloBa Media UG (haftungsbeschränkt) as the operator.
A consumer is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, is acting in the exercise of its commercial or independent professional activity.
(2) Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
(3) These terms and conditions apply exclusively. No (verbal) side agreements have been made.

§2 Formation of the contract

(1) We make products and services available on our website. The scope of the product or service results from the description given on our website.
(2) The contract is concluded via the online shopping cart system as follows:
Via the corresponding button in the navigation bar, you can select the products intended for booking and place them in the "shopping cart".
After accessing the next page "Checkout", you can enter the invoice details and the terms of payment; finally, by clicking on the "Continue" button, all order details are displayed here as an order overview.
By confirming the "Order with obligation to pay" button, the contract is concluded. We confirm receipt of the order immediately by means of an automatically generated e-mail.
(3) If the contract is concluded, the contract with
FloBa Media UG (limited liability)
Veilchenweg 22
D-42489 Wülfrath
is concluded.
(4) You can also view the GTC at any time at https://floba-media.de/agb/. You can view your past orders in our customer area under My Account -> Orders.

§3 Terms of payment

(1) All payments are made once or are paid in a specific billing period.
(2) Payment is made by the payment method you have selected (e.g. Paypal).
(3) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the prime rate.

§4 Delivery

The delivery period after receipt of payment is stated in our product description.
We do not exclude possible justified delays.

§5 Right of withdrawal

Consumers have a right of withdrawal in accordance with our instructions on the right of withdrawal for consumers at https://floba-media.de.

§6 Contract language

The contract language is exclusively German.

§7 Customer support

Our customer support for questions is available for you on weekdays via e-mail [email protected].

§8 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of injury to life, limb and health of persons. Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents and our carrier.

§9 Further obligations on your part

(1) You must inform us immediately of any changes to the data required for the fulfillment of the contract. Passwords and other download links must be kept strictly confidential. We are entitled to exclude users who do not meet the above requirements from access by you or third parties. You will be informed immediately of any such measure.

(2) You must create backup copies of all data yourself on separate data carriers. We are not responsible for the creation of data backup copies.

(3) The contractual relationships are only concluded with persons established in the European Union. By accepting these terms and conditions, you indicate that you are a person established in the European Union.

(4) These Terms and Conditions are governed exclusively by German law.

(5) Should any provision of the Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. If a provision is invalid, it shall be replaced by the legally permissible provision.

(6) All products that you can purchase from us for a fee are not intended for resale or distribution.

You can find our privacy policy at https://www.floba-media.de/datenschutzerklaerung/. There you will also find all information about our monetization partners and payment service providers.