GENERAL TERMS AND CONDITIONS
Moers, 04.07.2020
General Terms and Conditions (AGB) of the Students for Amani e.V.
About grants according to §§ 516 ff., 525 BGB
In the version of 04.07.2020
§ 1 General, scope of application
(1) Our General Terms and Conditions shall apply to all business relations between the "Students for Amani e.V.". (hereinafter referred to as "SfA") and the donor or the person from whom a donation to us as addressee is made.
(2) All agreements which are made between the SfA and the sponsor for the purpose of executing this contract are set down in writing in this contract.
(3) Sponsors within the meaning of these terms and conditions are both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB.
(4) SfA is entitled to change the provisions of the contract as well as of its General Terms and Conditions of Business if the contractual equivalence relationship is disturbed to a not insignificant extent after conclusion of the contract by unforeseeable changes in the legal and other framework conditions which are not caused by SfA and over which SfA has no influence.1 For example, by changes in the law, insofar as their concrete content was not already foreseeable, for example in the phase between the conclusion of the formal legislative procedure and their coming into force.2
If a clause of this contract or these GTC should be declared invalid by the courts and this should cause not insignificant difficulties in the implementation of this contract, the gap that has arisen shall be eliminated by an adjustment or supplement.3 In order to continue/complete the contractual relationship in a reasonable manner, SfA is obliged to immediately adjust or supplement the contract including its terms and conditions, with the exception of prices, to the extent that this is necessary to restore the equivalence relationship.5
(5) SfA undertakes to inform the customer in detail at least 6 weeks before the intended amendment that the amended terms and conditions of business shall become valid, unless the customer expressly objects to the amendment by giving a period of up to 4 weeks before the amendment comes into force.1 The customer shall become aware of the amended terms and conditions of business when they are announced and sent to him in text form and the specific reference to the amendments is made.2
§ 2 Conclusion of the gift contract and commencement
(1) The contract of donation shall be concluded in text form.
(2) The effective conclusion of the contract is based on the general principles of the German Civil Code (BGB) and in particular §§ 516 ff., 525 BGB.
(3) The donor must send SfA a fully completed online form.1 This is to be done via our website.2
(4) If the sponsor provides incorrect or incomplete information in the online form, SfA is entitled to charge the customer for the additional costs incurred.
(5) SfA undertakes to handle the donation in trust.
§ 3 Cancellation policy
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(1) Right of revocation: You have the right to revoke this contract within 14 days without stating reasons.1 The revocation period is 14 days from the day of the conclusion of the contract.2 In order to exercise your right of revocation you have to inform us (Students for Amani e.V.) by means of a clear statement by e-mail about your decision to revoke this contract.3 In order to comply with the revocation period it is sufficient that you send the notification about the exercise of the right of revocation before the end of the revocation period.4
(2) Consequences of revocation: If you revoke this Agreement, we shall reimburse you for all payments which we have received from you, including costs (in the case of donations in kind), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this Agreement.1 For this repayment, we shall use the same means of payment which you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged any fees for this repayment.2
§ 4 Term of contract, termination, termination
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(1) The contract (permanent donation) has no minimum term and begins at the time of the conclusion of the contract, therefore the receipt of the donation. The contract shall be extended by one month in each case unless the contract has been terminated.1 Optionally, the donation may be made for one year.2 The donation is always collected on the 28th day of a month.3 The same applies to the annual donation.4
(3) The termination has to be made in text form by e-mail to finance.studentsforamani@gmail.com and has to be addressed to Students for Amani e.V., Richard-Wagner Straße 42, 47447 Moers.
(4) In addition to the right of ordinary termination both contracting parties shall also be entitled to extraordinary termination for good cause.1
An important reason for SfA exists in particular if2
No.1 the customer is in default with a payment,
No.2 the purpose of the funding can no longer be achieved,
No.3 or in case of dissolution of the association.
In this case, SfA is entitled to terminate the contract with 7 days' notice.3
(5) Single payments remain unaffected by this paragraph.
§ 5 Type and scope of services
(1) Within the scope of the contract, a donation is made against the purpose-oriented support of our support projects.1 The funding body must therefore decide to support one of our projects in order to meet the purpose.2 Currently, only the support of our project "Makungu Waweru" in Kenya is to be supported by a funding body.3 In this context, we provide the educational and ancillary costs for seven children or young adolescents.4
(2) It is possible for the donor to make a one-time donation and a permanent donation.1 Furthermore, the donor has the possibility to make a donation in kind.2
§ 6 Prices and adjustments
(1) The agreed prices are completely in line with the ideas of the grantor and may not fall below a minimum donation of 5 Euros.1 The scope of payment is to be set by the grantor within the framework of our online form.2
(2) If the grantor wishes to make changes during a permanent contract period of his payment, he is welcome to express these wishes by e-mail. SfA reserves the right to deal with such change requests within the framework of an individual agreement with the funding agency.
§ 7 Liability
(1) Any liability for SfA is basically based on the legal provisions of §§ 516 ff. BGB.
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(2) In other cases, the liability of SfA and its vicarious agents and assistants is excluded if the damage is only due to a slightly negligent breach of non-essential obligations by SfA.1 This does not apply to damage resulting from injury to life, body or health or the culpable breach of essential contractual obligations.2
(3) In the event of a breach of essential contractual obligations, liability shall be limited to the damage which the liable party foresaw as a possible consequence of the breach of contract at the time of conclusion of the contract or which it should have foreseen in a reasonable assessment of the overall circumstances, provided that this is not based on intent or gross negligence.
(4) SfA is obliged to provide the funding agency, at its request, with information on the facts connected with the cause of the damage without delay and to provide the contact details if they are known to SfA or can be reasonably clarified by SfA.
§ 8 Data, data protection, other provisions
(1) SfA will use, process and pass on all data, including personal data, arising in connection with the contract to authorised third parties, insofar as this is legally permissible.1 The requirements of the Federal Data Protection Act will be observed in the processing of order data.2
(2) Personal data may be used by SfA within the scope of what is permissible and in consideration of the interests worthy of protection.1 The customer expressly declares his agreement to this.2
(3) Furthermore, address and customer data are collected and processed exclusively for SfA's own marketing purposes.
(4) The customer can object to the use and processing of his personal data by us for advertising purposes at any time by means of an informal declaration. The objection must be sent to finance.studentsforamani@gmail.com. After receipt of the objection, SfA will use and process the data concerned exclusively for the execution of the contract.
(5) The grantor shall inform SfA of any changes to his invoice address, bank details, e-mail address and other contract-relevant data without being asked and without delay.
§ 9 Additional/differing special conditions only for the online shop
Additional or deviating regulations apply to textile goods expressly marked as online products by SfA. These are based on our general terms and conditions for the textile goods designated and are supplemented by the regulations of the general purchase law and the purchase law warranty law (see §§ 434 ff. BGB).
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§ 10 Legal Succession
If the SfA dissolves as an association, the sponsor must be informed of this in text form.1 The sponsor's consent to any continuation of the contract with a third party is not required if the association is continued by a third party.2 However, if the sponsor does not consent to this, he/she has the right to terminate the permanent contract immediately.3
§ 11 Final provisions
(1) There are no oral collateral agreements to this contract.
(2) Should individual provisions of the contract or these business relations be or become invalid, the validity of the remaining provisions shall not be affected. The same shall apply in case of a gap in the regulations.
(3) In addition, the provisions of the DSGVO shall apply.
(4) German law shall apply exclusively and in the area of fully harmonised European law, including such law.
§ 12 Customer complaints
(1) Possible consumer complaints can be addressed to SfA in writing.1 SfA will respond to enquiries or complaints from sponsors within 4 weeks.2
(2) The right to appeal to the courts or to request another procedure remains unaffected.