§ 1 Scope of Application and Provider
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Leo Lehrbaß, adunera (hereinafter the Provider) to you, in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer are rejected.
(3) Please read these terms carefully before placing an order with adunera. By placing an order with the Provider, you agree to the application of these GTC to your order.
(4) We offer you the sale of the following products: HubSpot apps that enable additional functionality in HubSpot, such as cloning deals or creating sequential numbers.
(5) We offer you the following services: HubSpot consulting and implementation.
§ 2 Formation of the Contract
(1) Contracts on this portal can only be concluded in the German language.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in: Worldwide. For individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is indicated in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to adunera to conclude a purchase contract. The customer submits a binding offer by completing the online ordering process, entering the information requested there, and clicking the “order with obligation to pay” button in the final order step.
(6) The purchase contract between the Provider and the customer is only formed upon the Provider's declaration of acceptance. This occurs at the earlier of the two dates, either delivery of the goods or sending of a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for quantities larger than customary household quantities as well as the commercial resale of the purchased item requires the explicit confirmation of the Provider. This applies both to the number of products ordered within one order and to the placing of several orders of the same product in which the individual orders each comprise a customary household quantity.
(8) Your orders are stored by us after the contract is concluded. Should you lose your order documents, please contact us by email or telephone. We will send you a copy of the order data.
(9) Access to the use of the adunera service requires registration.
(10) By registering, the customer accepts these GTC. Registration creates a contractual relationship between adunera and the registered customer, which is governed by the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally binding offer. By presenting the service, the customer is merely invited to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with adunera, separate from the registration. The user is informed of the respective paid service and the payment terms before this contractual relationship is concluded. The contractual relationship is created when the customer confirms the order and the obligation to pay by clicking the “order with obligation to pay” button.
§ 3 Description of the Scope of Services
The scope of services of adunera consists of the following services: HubSpot consulting and implementation, as well as the sale of HubSpot apps on the HubSpot App Marketplace.
§ 4 Prices and Shipping Costs
(1) Our prices include the applicable statutory value added tax and are exclusive of any flat shipping fee or shipping surcharge. Shipping surcharges vary depending on the delivery method and the nature of the item.
(2) Despite our best efforts, a small number of the products in our catalog may be mislabeled with the wrong price. We verify prices when processing your order and before charging payment. If a product is listed at an incorrect price and the correct price is higher than the price stated on the website, we will contact you before shipping the goods to ask whether you wish to purchase the product at the correct price or cancel the order. Should the correct price of a product be lower than the price we have stated, we will charge the lower amount and send you the product.
(3) The prices applicable are those at the time of the order. If list prices exist, the prices of the list price valid at the time of the order shall apply.
(4) In order to use adunera, registration is first required.
(5) In order to be able to purchase the services of the website, the user must register and create a user account.
(6) If the user wishes to make use of a paid service, they will be informed beforehand that it is subject to a fee. In particular, the respective additional scope of services, the costs incurred, and the method of payment will be specified.
(7) The Provider reserves the right to charge different fee models for different booking times and user groups, and in particular for different usage periods, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by adunera (e.g. on the respective product detail page). We point out that all information on the availability, shipment, or delivery of a product is merely an estimate and an approximate guideline. It does not constitute a binding or guaranteed shipping or delivery date, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) Should adunera determine, while processing your order, that products you have ordered are not available, you will be informed separately by email or by a message in your customer account. The customer's statutory rights remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the entrance door, front door, or stairway of the customer, or because the customer cannot be reached at the delivery address provided, even though the delivery time was announced to the customer with reasonable notice, the customer shall bear the costs of the unsuccessful delivery.
(4) Delivery is made depending on the customer's method of payment. For advance payment, delivery takes place after the payment order has been given to the transferring credit institution. For payment by PayPal, credit card, gift card, direct debit, instant bank transfer, or invoice, delivery takes place after the contract is concluded.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is formed between us for each shipping confirmation, covering the products listed in the respective shipping confirmation. The contracting party is adunera. Regardless of your right of withdrawal, you may cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.
(6) This right of cancellation does not exist for certain product groups and services, including digital content or software that is not delivered on a physical data carrier (e.g. a CD or DVD), provided that the download or use (whichever occurs first) has begun.
§ 7 Terms of Payment
(1) Any fee due must be paid to adunera in advance, at the time it falls due, without any deduction.
(2) By registering, providing the information necessary for the payment procedure, and using the paid service, the user authorizes the operator to collect the corresponding amount.
(3) A paid service is automatically extended by the respective booked period (subscription) unless it is cancelled by telephone, email, or letter.
(4) The subscription fee is collected at the following time: Immediately.
(5) The customer may pay for the goods or service using the following payment methods: – Credit card
(6) Certain payment methods may be excluded by the Provider in individual cases.
(7) The customer is not permitted to pay for the goods or service by sending cash or checks.
(8) Should the customer choose an online payment method, the customer thereby authorizes the Provider to collect the amounts due at the time of the order.
(9) Should the Provider offer payment in advance and the customer choose this payment method, the customer must transfer the invoice amount to the Provider's account within five calendar days of receipt of the order. The Provider will reserve the goods for five calendar days accordingly.
(10) Should the Provider offer payment by credit card and the customer choose this payment method, the customer expressly authorizes the Provider to collect the amounts due.
(11) Should the Provider offer payment by direct debit and the customer choose this payment method, the customer grants the Provider a SEPA basic mandate. Should a payment transaction by direct debit be reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer shall bear the resulting costs.
(12) Should the Provider offer payment in advance and the customer choose this payment method, the customer undertakes to settle the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(13) Should the customer fall into default with payment, the Provider reserves the right to assert damages for default.
§ 8 Registration and Termination
(1) Furthermore, the customer declares that neither he nor, to his knowledge, any member of his household has a prior conviction for an intentional criminal offense that endangers the safety of third parties, in particular not for an offense against sexual self-determination (§§ 174 et seq. of the German Criminal Code (StGB)), an offense against life (§§ 211 et seq. StGB), an offense against physical integrity (§§ 223 et seq. StGB), an offense against personal freedom (§§ 232 et seq. StGB), or for theft and embezzlement (§§ 242 et seq. StGB) or robbery and extortion (§§ 249 et seq. StGB), or for drug abuse.
(2) A user account is for his/her sole and personal use, and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is, subject to certain reservations, entitled at any time to deregister in writing by post, email, or telephone without giving a reason. At the same time, there is the option, within the data and settings in the user account, to fully and personally deactivate the account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, they may cancel no later than 14 days before the booking period. If this deadline is not met, the paid service is automatically extended by the chosen booking period, and the cancellation only takes effect at the end of the following booking period. Cancellation is possible by telephone, email, or letter and will be confirmed by us in writing. In order for your cancellation to be assigned correctly, the full name, the registered email address, and the customer's address should be provided. In the case of cancellation by telephone, the individual telephone password is required.
(5) adunera may terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. adunera further reserves the right to remove profiles and/or any content published on the website by or on behalf of the user. If adunera terminates the user's registration and/or removes profiles or published content of the user, adunera is under no obligation to inform the user of this or of the reason for the termination or removal.
(6) Following any termination of a user's individual use of adunera's services, adunera reserves the right to send information about this to other registered users whom adunera believes were in contact with the user. adunera's decision to terminate the user's registration and/or to notify other users whom adunera believes were in contact with the user does not imply, and in no way constitutes, any statement by adunera about the individual character, general reputation, personal characteristics, or lifestyle of the user.
(7) Users are obliged not to make any intentional or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil legal action. The operator further reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(8) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is dissolved, the user must pay damages for the remaining contract term in the amount of the agreed fee less the expenses saved. The amount of expenses saved is set as a flat rate at 10% of the fee. Both contracting parties remain free to prove that the damage and/or the expenses saved are actually higher or lower.
(9) After termination of the contractual relationship, all of the user's data will be deleted by adunera.
§ 9 Limitation of Liability (Services)
(1) adunera assumes no responsibility for the content and accuracy of the information in customers' registration and profile data, as well as any other content generated by customers.
(2) With respect to the service sought or offered, the contract is formed exclusively between the respective participating customers. adunera is therefore not liable for the performance of participating customers. Accordingly, all matters concerning the relationship between the customers, including without limitation the services received by a seeker or payments owed to customers, must be addressed directly to the respective party. adunera cannot be held responsible for this and hereby expressly disclaims any and all liability claims of whatever kind, including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or undisclosed, in whatever manner, in connection with the aforementioned matters.
(3) adunera shall only be liable for damages resulting from injury to life, body, or health if they are based on an intentional or negligent breach of duty by adunera or an intentional or negligent breach of duty by a legal representative or vicarious agent of adunera.
(4) For other damages, insofar as they are not based on the breach of cardinal obligations (those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the contracting partner may regularly rely), adunera shall only be liable if they are based on an intentional or grossly negligent breach of duty by adunera or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of adunera.
(5) Claims for damages are limited to the foreseeable damage typical for this type of contract. In the event of default, they amount to no more than 5% of the order value.
(6) Claims for damages based on injury to life, body, health, or freedom are time-barred after 30 years; otherwise after 1 year, with the limitation period beginning at the end of the year in which the claim arose and the creditor obtained knowledge, or without gross negligence should have obtained knowledge, of the circumstances giving rise to the claim and of the identity of the debtor (§ 199 (1) of the German Civil Code (BGB)).
(7) The Provider reserves the right to review the content of any text written by a user as well as uploaded files for compliance with laws and regulations and, if necessary, to delete them in whole or in part.
§ 10 Set-off and Right of Retention
(1) The customer is only entitled to set off claims if the customer's counterclaim has been legally established or is undisputed by the Provider.
(2) The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
§ 11 Retention of Title
adunera retains ownership of the goods until full payment has been made.
§ 12 Transport Damage
(1) Should the customer receive goods with obvious transport damage, the Provider asks the customer to make a complaint as quickly as possible.
(2) Should the customer fail to make the complaint, this has no consequences for their statutory warranty rights. The purpose of the complaint is to enable the Provider to assert its own claims against the carrier.
§ 13 Right in Respect of Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered purchased item shall be governed by the statutory provisions: Accordingly, in addition to their 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from delivery of the goods and may demand repair or replacement of products purchased on adunera if they prove defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may demand a refund or a reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies insofar as no claims for damages or reimbursement of expenses are asserted that relate to compensation for injury to body or health or are based on intent or gross negligence.
§ 14 Limitation of Liability (Products)
(1) The Provider is liable for the customer's claims for damages arising from injury to life, body, or health, or from the breach of material contractual obligations, as well as for other damages resulting from its intentional or grossly negligent breach of duty, or that of one of the Provider's legal representatives or vicarious agents.
(2) Material contractual obligations are those obligations whose fulfillment is necessary to achieve the purpose of the contract.
(3) The Provider is liable for breaches of material contractual obligations resulting in damage typical for this type of contract and foreseeable, provided the damage was caused by simple negligence. This limitation does not apply to the customer's claims for damages arising from injury to life, body, or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as adunera's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
§ 15 Right of Withdrawal Notice
(1) If the customer is a consumer, they have a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods (or, in the case of a contract for several goods in a single order or the delivery of a good in several partial shipments or pieces, the last good, partial shipment, or piece), or, in the case of digital content not delivered on a physical data carrier (e.g. CDs or DVDs), from the day the contract was concluded, without giving any reason. The withdrawal period for services is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us: Leo Lehrbaß, adunera, Gneisenaustr. 44/45, 10961 Berlin, Germany, Email: l.lehrbass@adunera.com, by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the sample withdrawal form on our website for this purpose, or submit another clear statement. If you make use of this option, we will promptly send you (e.g. by email) a confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient that you send the notice of exercise of the right of withdrawal before the withdrawal period expires and that you have returned the goods via our online return center within the period defined below. For additional information regarding the scope, content, and explanations of how to exercise this right, please contact our customer service.
(3) Consequences of withdrawal If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received notice of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of services provided for in the contract. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to Leo Lehrbaß, adunera, Gneisenaustr. 44/45, 10961 Berlin, Germany, Email: l.lehrbass@adunera.com, without undue delay and in any case no later than 14 days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of 14 days has expired. You shall bear the direct cost of returning the goods.
(4) Exceptions to the right of withdrawal You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. The right of withdrawal does not exist, or expires, for the following contracts: for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery, or which have been inseparably mixed with other goods after delivery due to their nature; for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery; for the delivery of goods made to customer specifications or clearly tailored to personal needs; for the delivery of goods which are liable to deteriorate rapidly or whose expiry date would quickly be exceeded; for services, if adunera has fully performed them and you acknowledged before placing the order and expressly agreed that we could begin performing the service and that you would lose your right of withdrawal upon full performance of the contract; for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts; and for the delivery of alcoholic beverages whose price was agreed upon conclusion of the purchase contract but which can only be delivered after 30 days and whose current value depends on fluctuations in the market over which the trader has no influence.
§ 16 Exclusion of the Right of Withdrawal
(1) The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or that are clearly tailored to the consumer's personal needs; for the delivery of goods that are liable to deteriorate rapidly or whose expiry date would quickly be exceeded;
(2) The right of withdrawal expires prematurely for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery; for the delivery of goods which, after delivery, have been inseparably mixed with other goods due to their nature; for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 17 Data Protection
(1) Should personal data (e.g. name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We point out that the transmission of data over the internet (e.g. by email) may have security vulnerabilities. Accordingly, flawless and uninterrupted protection of data from access by third parties cannot be completely guaranteed. Our liability in this regard is excluded.
(3) Third parties are not entitled to use contact data for commercial activities unless the Provider has given the data subjects prior written consent.
(4) You have the right at any time to receive full and free information from adunera about the data held about you.
(5) Furthermore, the user has a right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 18 Cookies
(1) In order to display the product range, we may use cookies. Cookies are small text files that are stored locally in the cache of the website visitor's internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the data subject's individual browser from other internet browsers containing other cookies. A specific internet browser can be recognized and identified by means of the unique cookie ID.
(3) The use of cookies allows us to provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We point out that some of these cookies are transferred from our server to your computer system, and these are usually so-called session cookies. Session cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system again on your next visit (so-called persistent cookies).
(5) You may object to the storage of cookies; a banner is available to you for this purpose, which you can use to object to or accept cookies.
(6) You can of course configure your browser so that no cookies are stored on the hard drive or that cookies already stored are deleted. Instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.
§ 19 Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, shall apply exclusively to disagreements and disputes arising from this contract.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law, or special public-law funds is the registered office of the Provider.
§ 20 Final Provisions
(1) The language of the contract is German.
(2) We do not offer any products or services for purchase by minors. Our products for children may only be purchased by adults. If you are under 18, you may only use adunera with the involvement of a parent or legal guardian.
(3) If you breach these GTC and we do not take any action against it, we remain entitled to exercise our rights on any other occasion on which you breach these terms of sale.
(4) We reserve the right to make changes to our website, rules, and terms, including these GTC, at any time. The terms of sale, contractual terms, and GTC applicable to your order are those in force at the time of your order, unless a change to these terms is required by law or by official order (in which case they will also apply to orders you have placed previously). Should any provision in these terms of sale be or become invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of one provision does not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced, in keeping with its meaning and purpose, by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.