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AGB

GENERAL TERMS AND CONDITIONS

A. General Terms and Conditions for Delivery and Service

§2 Validity of the General Terms and Conditions

A. These General Terms and Conditions apply to all deliveries and services that WIZMO provides for the customer.

B. Contradictory or deviating conditions of the customer are not recognized by WIZMO, unless their validity was expressly agreed in writing. This shall also apply if WIZMO carries out the delivery or service to the customer without reservation in the knowledge of conflicting conditions of the customer.

C. Unless otherwise stipulated, the agreements made individually between the parties shall have priority.

D. The customer shall be notified in writing of any amendments to these GTC. They shall be deemed to have been approved unless the customer raises an objection in writing. The objection must be sent to WIZMO within six weeks after notification. WIZMO will point out these consequences to the customer when announcing them.

§3 Offer and conclusion of contract

(1) The type, scope and specification of the services to be provided by WIZMO as well as delivery and execution deadlines result from the offer on which these terms and conditions are based as well as the associated service description and the price overview which refer to these GTC.

(2) The offers and cost estimates of WIZMO are in principle non-binding unless WIZMO has expressly designated them as binding in writing.

§4 Service provision

E. WIZMO shall provide its services in accordance with the contractual agreements prudently and with the diligence of a prudent businessman, as well as in accordance with an appropriate state of the art.

F. WIZMO determines and is responsible for the manner of performance of its services itself; it may subcontract services within the framework of the legal requirements.

G. Unless expressly agreed otherwise in writing, the responsibility for the selection of ordered delivery items or services and for the results intended with them lies solely with the customer.

H. If the promised services are not available because WIZMO has not been supplied by its subcontractors and WIZMO’s stock of the relevant service items is exhausted, the latter shall be entitled to provide services equivalent in quality and price. If it is not possible to provide services that are at least equivalent in price and quality, WIZMO may withdraw from the contract and need not provide the promised services. In this case, WIZMO undertakes to inform the customer immediately about the unavailability and to refund any payment already made to the customer without delay.

§5 Delay and dates for deliveries and services

I. Delivery and performance dates shall only be binding if they have been confirmed in writing by WIZMO and the Customer has provided WIZMO with all the information and documents required for the performance of the service or deliveries in good time and has fulfilled his obligations to cooperate properly and in good time.

J. In the event of subsequent changes to the order, WIZMO is entitled to adjust bindingly agreed dates and expenses.

K. Delivery and performance times shall be extended to a reasonable extent if WIZMO is prevented from fulfilling its obligation by force majeure or other unforeseeable and/or extraordinary events that are beyond WIZMO’s control and cannot be averted despite reasonable care. During the existence of events within the meaning of sentence 1, all service levels shall be suspended.

L. WIZMO is entitled to partial deliveries and partial services as far as this is reasonable for the customer.

§6 Acceptance

M. Work and installation services provided by WIZMO for the customer are to be accepted by the customer in writing immediately after handover by WIZMO.

N. Insignificant defects shall not entitle the customer to refuse acceptance.

O. As long as WIZMO has not received the written declaration of acceptance from the customer, the customer is not entitled to use the provided services productively. If the customer nevertheless brings the work into productive use or makes changes to it without the consent of WIZMO, this shall be deemed acceptance.

P. If the customer fails to accept the work for reasons other than a defect, acceptance shall be deemed to have been declared if the customer does not refuse acceptance in writing within a period of four weeks after the work has been made available for acceptance, stating justified reasons.

§7 Term of Contract and Termination

(1) The beginning and duration of the contract as well as the notice periods shall be determined by the respective offer, the performance certificate or individual agreements.

(2) Unless otherwise provided, the contract shall run for an indefinite period and may be terminated by either party at any time upon 30 days’ notice.

Q. The right to terminate the contract extraordinarily and without notice in case of an important reason remains unaffected. An important reason exists for WIZMO in particular in every case in which

(a) the customer is in default with the payment of the agreed remuneration for two consecutive dates or the customer is in default with the payment of the remuneration in a period that extends over more than two dates in the amount that corresponds to remuneration for two months;

(b) the Customer is insolvent or insolvency proceedings have been opened against its assets or the application for the opening of insolvency proceedings has been rejected for lack of assets. However, after the application to open insolvency proceedings on the assets of the Customer, WIZMO may not terminate the contract due to a delay in payment of the remuneration that occurred in the period before the application to open insolvency proceedings was filed or due to a deterioration in the financial circumstances of the Customer;

(c) the Customer violates essential contractual obligations, in particular the contractual obligation to observe the law when using the contractual services of WIZMO, and does not immediately stop this violation even after a warning or notification of the blocking of the content by WIZMO;

(d) a subcontractor or supplier used by WIZMO in turn terminates or terminates the contractual relationship existing between him and WIZMO for reasons for which WIZMO is not responsible.

R. Terminations must be made in writing. The sending of a termination by e-mail is sufficient.

§8 Remuneration and method of payment

S. The amount of the remuneration to be paid by the customer shall be based on the provisions set out in the product catalog and the price list or in the offer or in other individual contractual agreements.

T. Unless otherwise expressly stipulated, all prices shall be net prices in euros plus the statutory value added tax applicable at the time. Should the value added tax increase, WIZMO shall be entitled to pass on this increase to the customers accordingly or to adjust any agreed gross prices in accordance with the statutory increase in the tax rate.

U. WIZMO is entitled to invoice partial services.

V. All invoices are due for payment with the stated invoice amount without deduction within 14 calendar days from the invoice date.

W. If no other individual agreements have been made, the agreed remuneration will be collected from the customer’s account by direct debit. The customer shall grant WIZMO a corresponding direct debit authorization. In case of non-granting or revocation of the direct debit authorization, WIZMO shall be entitled to charge a processing fee of EUR 2.50 per invoice for administrative expenses. In the case of return debits of a direct debit, WIZMO is entitled to reclaim the costs incurred from the customer.

X. If the customer is in default with the payment of due invoices, he is obligated to pay default interest in the amount of 5% above the respective prime rate, unless the customer proves that the interest loss incurred by WIZMO is lower. The assertion of further default claims by WIZMO is not excluded.

Y. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by WIZMO in writing. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Z. WIZMO is entitled to increase the remuneration for the services offered by it for the first time three months after the conclusion of the contract. The increase is to be adjusted to the cost increase incurred to WIZMO due to the general price development. It becomes effective one month after its notification. The customer may terminate the contract extraordinarily for the time it takes effect. WIZMO shall inform the customer of this right of termination.

§9 Liability and compensation

AA. WIZMO is liable for claims for damages asserted by the customer insofar as

(a) it, its legal representatives or vicarious agents are guilty of intent or gross negligence,

(b) the damage is due to the absence of a guaranteed quality or the other non-fulfillment of an expressly granted guarantee, insofar as the described case of guarantee has occurred and the customer was to be protected by the guarantee precisely from the damage that has occurred,

(c) it concerns culpably caused damages from an injury of the life, the body or the health, or

(d) claims based on the Product Liability Act, or

(e) claims based on other mandatory statutory liability provisions.

BB. In addition, WIZMO shall also be liable for such damages that it has caused in violation of an essential contractual obligation (cardinal obligation), the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may rely; in these cases, however, the liability is limited in amount to the typically foreseeable damage.

CC. Liability due to interruption, disruption or other events causing damage, which are based on telecommunications services of WIZMO or third parties for which WIZMO is liable, is limited to the amount of the recourse possible for WIZMO against the respective telecommunications service provider. WIZMO shall not be liable for the functioning of the telephone lines to the server that is the subject of the contract, in the event of power failures and in the event of failures of servers that are not within its sphere of influence.

DD. In all other respects liability is excluded.

EE. WIZMO remains open to the objection of contributory negligence.

§10 Obligation to cooperate

FF. The customer shall provide WIZMO with all information and documents required for the provision of the services in good time and free of charge upon request, in particular information about existing systems, devices, software and software components that are to interact with the services to be provided.

GG. If it is necessary for the provision of the service, WIZMO can also carry out its activities on the premises of the customer by mutual agreement. In this case, the customer shall provide all facilities necessary for the performance of the services on site, necessary access to its premises, for the persons named by WIZMO, free of charge and without delay and grant the access authorizations necessary in the context of the performance of the services, in particular to operational buildings and rooms as well as computers and data.

HH. The customer shall ensure the availability of a sufficiently qualified and authorized contact person.

II. the customer shall inform WIZMO without delay of any change in his address, company, place of business, billing address, as well as his bank details for which he has given WIZMO a direct debit authorization.

JJ. The customer will support WIZMO on request in the identification, analysis and elimination of defects or cooperate in this. Likewise, the customer will contribute to the prevention and mitigation of damages.

CC. The customer assumes the obligation to properly dispose of the delivered goods after termination of use at his own expense in accordance with the statutory provisions.

LL. Insofar as a non-fulfillment or an improper fulfillment of a duty to cooperate is the cause for WIZMO not being able to provide a service in accordance with the contract, this shall not constitute a breach of contract on the part of WIZMO. WIZMO shall not be at fault for any resulting damage. In the case of contributory negligence, § 254 BGB shall apply.

MM. In addition, further obligations to cooperate may arise from the individual agreements, the service descriptions and the respective supplementary conditions.

§11 Data backup and virus protection

The customer has the obligation to regularly back up data and to prevent viruses according to the current state of the art.

§12 Obligation to tolerate

NN. WIZMO is entitled to cancel or interrupt requests, jobs and transactions or similar cyclically recurring automatisms, which are sent to WIZMO by the customer, if they are suitable to affect the server performance to a considerable extent (e.g. by spam, CGI scripts).

OO. WIZMO will immediately inform the Customer about the measure taken and its reason.

PP. WIZMO has the right to shut down all affected applications, infrastructures and systems, as far as a not only insignificant security problem is to be feared for or through them or such a problem has already been realized.

QQ. The aforementioned security measures shall not constitute grounds for extraordinary termination and shall not entitle the Customer to reduce the agreed remuneration or to withdraw from the contract. Claims for damages of the customer according to § 8 GTC against WIZMO remain unaffected.

§13 Retention of title

RR. All deliveries by WIZMO are subject to retention of title.

SS. The delivery items remain the property of WIZMO until full payment. In this respect, the customer is not entitled to pledge the delivery items subject to retention of title, to assign them as security or to make other dispositions that endanger the ownership of WIZMO.

TT. In the event of a seizure or any other impairment of WIZMO’s rights by third parties, the customer must inform the third party of WIZMO’s rights and inform WIZMO immediately. Costs and damages from the violation of this duty shall be borne by the customer.

§14 Defects of quality and title; other defects in performance

UU. For deliveries and services subject to the statutory liability for defects of quality and title, WIZMO guarantees that they have the agreed or usual quality at the time of the transfer of risk.

VV. Insofar as the parties want to agree in individual cases on an obligation to indemnify (guarantee) going beyond the agreement on quality, this must be done expressly in writing. Information in catalogs, price lists and other information material provided to the customer shall not constitute such guarantees for a particular quality of the delivery items.

WW. The Customer’s rights in respect of defects presuppose that the Customer has duly complied with its obligations to inspect the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB). The customer has to inform WIZMO immediately in writing about detected defects.

XX. Insofar as the delivery and service item is defective at the time of the transfer of risk, WIZMO shall remedy the defect free of charge within a reasonable period or deliver a defect-free item (subsequent performance).

YY. WIZMO reserves the right of supplementary performance twice. The right to choose, elimination of the defect or delivery of a defect-free item, lies with WIZMO, unless only a certain type of subsequent performance is reasonable for the customer.

ZZ. If there is no subsequent performance within a reasonable period or if it fails, is unreasonable for the customer or if WIZMO has refused it, the customer is entitled to withdraw from the contract or to demand a reduction. WIZMO shall pay damages or compensation for futile expenses due to a defect within the limits specified in § 6.

AAA. Claims of the customer because of material defects do not extend to services which the customer changes or which he does not use in the contractually agreed system environment; unless the customer proves that this use is not the cause of the reported defect.
BBB.The limitation period for defect claims is 12 months, calculated from the transfer of risk, unless the customer is a consumer.

CCC. If WIZMO does not provide services or does not provide them properly outside the scope of liability for material defects and defects of title or if WIZMO commits any other breach of duty, the customer must always notify WIZMO of this in writing. In these cases, the customer shall grant WIZMO a reasonable period of time within which WIZMO shall be given the opportunity to perform the service properly.

§15 Copyrights, rights of use

DDD. All rights to the work results provided by WIZMO for the fulfillment of its obligation to perform, in particular the copyright, the rights to inventions as well as industrial property rights, shall remain with WIZMO.

EEE. Unless otherwise agreed in writing, the customer receives a simple right of use for the contractually intended use of the work results with the complete payment of the remuneration due to WIZMO. The customer is not permitted to use, copy or transfer the work results to third parties beyond the purpose of the contract.

§16 Release by the customer

FFF. Should WIZMO be held liable by third parties due to the services to be provided to the Customer under this contract, the Customer shall be obligated to compensate WIZMO for the damage incurred and still to be incurred and to indemnify and hold WIZMO harmless from claims for damages and reimbursement of expenses by third parties caused by the violation. The aforementioned indemnification shall apply in cases in which a breach of contract or other unlawful conduct or alleged unlawful conduct of the Customer towards third parties is the cause of the claim against WIZMO by the third party. The claim for indemnification also includes the obligation to fully indemnify WIZMO from legal defense costs (court costs, lawyer’s fees, etc.).

(1) Other claims, by WIZMO in particular for the blocking of content and extraordinary termination, shall remain unaffected.

§17 Data protection

WIZMO points out that personal data of the customer are collected, processed and used if this is necessary for the provision of the services and their billing.

§18 Final provisions

GGG. The assignment of claims against WIZMO requires the written consent of WIZMO to be effective.

HHH. The law of the Federal Republic of Germany applies to the exclusion of the uniform UN Convention on Contracts for the International Sale of Goods (CISG).

III. contract language is German.

YYY. Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided that the customer is a merchant. WIZMO remains entitled to file suit or initiate other legal proceedings at the general place of jurisdiction of the customer.

KKK. Changes or additions to this contract must be made in writing (by e-mail is sufficient). This also applies to a provision waiving this written form requirement. If the configuration menu of the service provides for termination, its use also fulfills the written form requirement for terminations.

A. Supplementary conditions for web hosting

If WIZMO operates web hosting for the customer, the following special regulations apply in addition to the general conditions for delivery and service of the GTC, which supplement the general regulations and take precedence over the general regulations in the case of more special regulations:

§19 Subject matter of the contract

LLL. WIZMO shall provide the customer with shared web hosting (own folder on a server) or a virtual server (storage space on a storage medium that is also used or usable by other customers, but which receives its own IP address and thus appears to third parties as an independent server).

MMM. WIZMO will provide, grant and maintain the connection between the server and the Internet, so that the data stored on the server will be forwarded to the requesting computer at any time and without interruption by means of the protocols commonly used on the Internet (http, ftp, smtp, nntp) in the respective applicable protocol.

NNN. WIZMO owes an effort that the data stored by the customer according to the contract (website) in the World-Wide-Web via the network maintained by WIZMO and the Internet connected to it can be accessed by the public around the clock worldwide. WIZMO shall not assume any responsibility for the success of the respective access to the website, unless the network operated by WIZMO, including the interfaces to third party networks, is used exclusively.

OOO. WIZMO shall further ensure that the Customer has the possibility of access to the server at any time. For this purpose, WIZMO assigns a user name and a password to the Customer, with which the Customer can independently save, change, add or delete his Internet pages by means of data transfer (File Transfer Protocol FTP). For security reasons WIZMO also gives the customer the possibility to change his password.

§20 Service provision period

WIZMO provides the services within 21 days. In exceptional cases, the delivery period can be up to 40 days. If the delivery time exceeds 40 days, the customer will be notified by e-mail.

§21 Contract period and termination

PPP. The contract runs for an indefinite period.

QQQ. Unless otherwise stated in the offer, the service description or the price overview service certificate, the contracting parties may terminate the contract at any time subject to a notice period of 30 days, with the first possible termination date being three months after the start of the contract.

§22 Speed and availability of the server

RRR. With a state-of-the-art bandwidth of the connection to the next Internet node, WIZMO ensures that the highest possible data transmission speed is achieved for users.

SSS. The web server is operational 24 hours a day, seven days a week with an annual average availability of 99%. Excluded from this are downtimes due to maintenance and software updates as well as times when the web server cannot be reached via the Internet due to technical or other problems that are beyond WIZMO’s control (force majeure, fault of third parties, etc.). If it is foreseeable for WIZMO that downtimes for maintenance and software updates will last longer than two hours, WIZMO will inform the customer of this at least two days before the start of the respective work.

§23 Customer Obligations

TTT. If disruptions occur when using the server, the customer will inform WIZMO of these disruptions immediately.

UUU. The customer is obliged to keep the access data secret from unauthorized third parties. In particular, the username and password must be kept in such a way that unauthorized third parties cannot access this data, in order to prevent misuse of access by third parties. The customer will inform WIZMO immediately as soon as he becomes aware that the password is known to unauthorized third parties.

VVV. Unauthorized third parties are not persons who use the storage space that is the subject of this contract with the knowledge and will of the customer.

www. The customer assures that he will not store any content on the storage space that is the subject of the contract and will not post it on the Internet, the provision, publication and use of which violates criminal law, copyright, trademark and other identification rights or personal rights or is of a pornographic or youth-endangering nature. For each case of violation of the above obligation, the customer promises to pay a contractual penalty of EUR 500. In addition, a violation by the customer of the above obligations entitles WIZMO to extraordinary termination.

§24 Temporary suspension

XXX WIZMO is entitled to temporarily interrupt the connection of the website to the Internet (blocking of the website) if there is sufficient suspicion of illegal content on the website iSv. B § 5 No. 4 exists due to a warning to the allegedly injured party or investigations by state authorities, unless the warning is obviously unfounded.

YYY. If technically possible and reasonable, the blocking is to be limited to the allegedly infringing content. The customer must be informed immediately of the blocking, stating the reasons, and asked to remove the allegedly illegal content or to explain and, if necessary, prove the legality.

ZZZ. The blocking is to be lifted as soon as the suspicion is invalidated or WIZMO had the opportunity to terminate the contract extraordinarily due to the behavior of the customer.

§25 Granting of rights

AAAA. The contents of the website are protected for the customer under copyright law (as a work, collective work, database work, computer program, photograph, database, related ancillary copyrights or as rights derived from the rights mentioned), art copyright law, trademark law or other intellectual property rights (protected content ).

BBBB. The customer grants WIZMO the non-exclusive right, limited to the duration of the contract, to the location of the respective server (for backup copies: to the place where they are stored), non-exclusive, to store the protected content on the server for the purposes of this contract , duplicated on another server used for mirroring and on a sufficient number of backup copies.

CCCC. The customer grants WIZMO the non-transferable, worldwide, non-exclusive right limited to the duration of the contract to make the protected content accessible to the public via the network maintained by WIZMO and the Internet connected to it in such a way that members of the public have access to the website from a place and at a time that they individually choose and can save this data by downloading it from WIZMO’s server. Insofar as protected content is kept in cache memory by third parties after the end of the contract, this storage is no longer attributed to WIZMO.

§26 Consequences of termination of contract

(1) Upon termination of the contract, the customer has a claim against WIZMO for the release of the website. The release takes place

(a) by duplicating the website on CD-ROM or another data carrier specified by the customer and handing over this data carrier to the customer or by Do

wnload on the internet and

(b) by making a complete printout of all files on the website, both in the source text and through a standard browser in the view text and handing over the complete printout to the customer.

(2) After the customer has handed over and accepted the data carrier and the printout, WIZMO is entitled to reimbursement of the material costs to be documented.

§27 Initial Liability for Defects and Other Defaults

When providing storage space on the web server, WIZMO excludes any no-fault liability for initial web server defects. Subsequent objections due to open or hidden defects are thus excluded.

A. Additional Terms for Domain Registration

If WIZMO brokers domains for the customer as part of its services, the following special regulations apply in addition to the General Terms and Conditions for Delivery and Service, which supplement the general regulations and, in the case of more special regulations, take precedence over the general regulations:

§28 Domain and Routing Service

DDDD. WIZMO registers domains for the customer, under which the data stored by the customer on the reserved storage space should be accessible, with the respective registry (in Germany for the top-level domain “.de” of DENIC) in the name of the register customers. The customer expressly authorizes WIZMO to do this, as well as to manage the domains vis-à-vis the respective registry.

EEEE. The various top-level domains are assigned and managed by a large number of different, mostly country-specific organizations that are subject to regulations. Each of these organizations has different terms of registration and administration, mostly in the local language or in English. Each organization applies its own rules for resolving domain name disputes and for managing and registering domains. WIZMO provides access to the conditions of the country-specific organizations. However, WIZMO is not responsible for the procurement and knowledge, in particular for overcoming the language barrier and also for the translation. The customer must obtain the content of the individual country-specific conditions himself and take note of them and bear all expenses necessary for this, including the translation.

FFFF. The customer names the desired domains to WIZMO, stating under which top-level domain they are to be registered.

GGGG. The customer is aware that WIZMO has no influence on the decisions of the registration authorities and the fees charged by them, which the customer has to bear in addition to the remuneration under this contract, so that he cannot assume any obligations for carrying out the registration.

HHHH. WIZMO is obliged to carry out and maintain the necessary registrations and other measures for these registered domains that enable access using the respective domain to the files stored by the customer on the reserved storage space from the Internet (routing service).

III. WIZMO will look after these registered domains during the existence of this contract in accordance with the applicable guidelines of the responsible registration office.

yyyy Upon written instruction from the customer, WIZMO will immediately release a registered domain for further use by another provider and will immediately submit the declarations required for this to the respective registry. Furthermore, WIZMO is entitled to release the customer’s domain after the end of the contract.

KKKK. If the customer is in default of payment, WIZMO can refuse to pass on the registered domain in accordance with paragraph 7 until the outstanding claims have been settled.

§29 Responsibility for the data of the customer

LLLL. WIZMO does not check the legal admissibility of the domain registered at the request of the customer.

MMMM. The customer is responsible for their admissibility. The customer is obliged to check a domain communicated to WIZMO for registration for infringement of copyright, trademark, name or company rights as well as for other legal admissibility.

NNNN. The customer guarantees that the domain requested by him does not infringe any third-party rights.

§30 Service provision period

OOOO. WIZMO generally provides the services within two working days (Monday-Friday).

If the service cannot be provided within this period, WIZMO will inform the customer of this by email.
PPPP. If the domain registration by WIZMO has been completed for the customer, WIZMO will confirm this to the customer.

§31 Termination of Contract

QQQQ. In the event of termination, no refund of the domain fees already paid will be made, unless the termination is due

ch WIZMO has been indebted.

RRRR. In the event of termination of the contract, the customer already declares his express consent to the return of the respective domains.

§32 Domain Disputes

If there is a dispute about a domain registration, it is the customer’s responsibility to conduct the dispute. WIZMO will notify Customer of an official notice of dispute regarding Customer’s domain registration. If the customer does not declare within a period of ten days after becoming aware that he wants to take up the dispute about the domain, WIZMO is entitled to return the domain registration.

A. Services

If WIZMO provides services for the customer, the following special regulations apply in addition to the General Terms and Conditions for Delivery and Service, which supplement the general regulations and, in the case of more special regulations, take precedence over the general regulations:

SSSS. The start and duration of the service provision result from the offer on which these terms and conditions are based, the associated service description or the price overview from WIZMO. The employment relationship begins at the latest with the use of the provided service.

TTTT. If a fixed term has been agreed, the employment relationship ends at the end of the entered date without the need for notice.

UUUU. Unless otherwise agreed between the parties, a fee of EUR 60 (net) per hour is agreed for the services to be provided per employee.

VVVV. Unless otherwise stated in the offer, the associated description of services or the price overview, the contracting parties can terminate the employment relationship at any time with a notice period of 30 days. The right to extraordinary termination for good cause remains unaffected.

B. Right of Withdrawal for Consumers

Right of withdrawal

If the customer is an entrepreneur according to § 14 BGB, he has no right of cancellation or return according to § 312d BGB i. V. m. §§ 355, 356 BGB. The right of withdrawal only applies to consumers within the meaning of Section 13 of the German Civil Code. Consumers within the meaning of § 13 BGB are any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us

WIZMO GmbH, Ringbahnstr. 12, 12099 Berlin, Germany
Phone: 030 – 609 83 09 60 (telephone support Mon-Fri 9 a.m. – 6 p.m.), email: info@cyber-consulting-solutions.com

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

You can use the attached withdrawal form for this, but it is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation in the case of goods that are ready to be sent as a package

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Consequences of revocation in the case of delivery of freight forwarding goods

If you revoke this contract, we have all payments that we have received from you, including the delivery costs (m

With the exception of the additional costs that result from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which the notification of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We pick up the goods.

You bear the direct costs of returning the goods in the amount of EUR 150.00.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

A right of cancellation according to the above conditions according to § 312d BGB does not exist for distance contracts
– for the delivery of goods that are made to customer specifications or
– are clearly tailored to personal needs.

Sample for the consumer cancellation form:

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)

– To WIZMO GmbH, Ringbahnstr. 12, 12099 Berlin, Germany
Phone: 030 – 609 83 09 60 (telephone support Mon-Fri 9 a.m. – 6 p.m.), email: info@cyber-consulting-solutions.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
– Date
_________(*) Delete where not applicable.