GTC

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1. Scope of Application

1.1 These General Terms and Conditions of the company LinkDesk GmbH & Co. KG (hereinafter referred to as “LinkDesk”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller LinkDesk relating to all goods and/or services presented in the LinkDesk online shop, as well as to the use of LinkDesk websites, LinkDesk services and LinkDesk mobile applications (a.k.a. Apps). The mobile applications are made available through the various stores for mobile applications (iOS App Store, Android Play Store, etc.). The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.3 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.5 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by LinkDesk by granting certain usage rights precisely defined in these General Terms and Conditions.

 

2. Conclusion of the Contract

2.1 The product descriptions in the LinkDesk online shop do not constitute binding offers on the part of LinkDesk, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the LinkDesk online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 LinkDesk may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should LinkDesk not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If the Client chooses “PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use shall apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE.
In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.
If the Client chooses “PayPal Express” as payment method, he initiates also a payment order to PayPal by clicking the button finalizing the order process. In this case, LinkDesk declares its acceptance of the Client’s offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.5 If the Client chooses “Apple Pay” when placing his order, payment processing is handled by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The Stripe terms of use shall apply which can be viewed at: https://stripe.com/gb/ssa.
If the Client chooses “Apple Pay” as payment method, he initiates also a payment order to Stripe by clicking the button finalizing the order process. In this case, LinkDesk declares its acceptance of the Client’s offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.6 If the Client chooses “Google Pay” when placing his order, payment processing is handled by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The Stripe terms of use shall apply which can be viewed at: https://stripe.com/gb/ssa.
If the Client chooses “Google Pay” as payment method, he initiates also a payment order to Stripe by clicking the button finalizing the order process. In this case, LinkDesk declares its acceptance of the Client’s offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.7 When submitting an offer via the LinkDesk online order form, the text of the contract is stored by LinkDesk after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail or letter) after the order has been sent. LinkDesk shall not make the contract text accessible beyond this. If the Client has set up a user account in the LinkDesk online shop prior to sending his order, the order data shall be stored on the LinkDesk website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.8 Prior to submitting a binding order via the LinkDesk online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual touch, keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.9 The German and the English language are exclusively available for the conclusion of the contract.
2.10 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by LinkDesk can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by LinkDesk or by third parties commissioned by LinkDesk with the order processing can be delivered.

 

3. Right to Cancel

3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the LinkDesk instruction on cancellation.

 

4. Prices and Payment Conditions

4.1 Unless otherwise stated in the LinkDesk product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the LinkDesk online shop.
4.3 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.4 If the payment method “Apple Pay” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). In order to be able to pay the invoice amount via “Apple Pay”, the Client must have an credit card or account that is activated for participation in “Apple Pay”, he must have the appropriate credentials during the payment process, and he must confirm the payment instruction to the company Apple Inc. The payment transaction will be executed immediately afterwards and the Client’s credit card or account debited accordingly. Further information on the payment method “Apple Pay” can be called up by the Client on the Internet at https://www.apple.com/apple-pay/.
4.5 If the payment method “Google Pay” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). In order to be able to pay the invoice amount via “Google Pay”, the Client must have an credit card or account that is activated for participation in “Google Pay”, he must have the appropriate credentials during the payment process, and he must confirm the payment instruction to the company Google Inc. The payment transaction will be executed immediately afterwards and the Client’s credit card or account debited accordingly. Further information on the payment method “Google Pay” can be called up by the Client on the Internet at https://pay.google.com/intl/en_en/about/.
4.6 When selecting the credit card payment method via Stripe, payment is processed via Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (https://www.stripe.com/) to which LinkDesk assigns his payment claim. Stripe Payments Europe, Ltd. collects the invoice amount from the customer’s specified credit card account. In the event of assignment, payment can only be made to Stripe Payments Europe, Ltd. with debt discharging effect. The credit card shall be debited immediately after the customer’s order has been sent via the LinkDesk online shop. Even if the credit card payment method via Stripe is selected, LinkDesk shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and revocation or credit notes. Reference is made to the information provided by Stripe Payments Europe, Ltd. pursuant to Article 13 GDPR as part of the processing of credit card payments at https://stripe.com/gb/privacy.

 

5. Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the LinkDesk order processing is decisive.
5.2 Should the assigned transport company return the goods to LinkDesk, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless LinkDesk has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Vouchers will be provided to the Client as follows:
– by download
– by e-mail
– by post

 

6. Reservation of Proprietary Rights

If LinkDesk provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

 

7. Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.
7.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform LinkDesk accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

 

8. Redemption of campaign vouchers

8.1 Vouchers which are issued by LinkDesk free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the LinkDesk online shop and only within the indicated time period.
8.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
8.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The goods value should meet at least the amount of the campaign voucher. LinkDesk will not refund remaining assets.
8.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by LinkDesk to pay the difference.
8.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
8.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
8.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. LinkDesk is entitled but not obliged to check the entitlement of the respective voucher owner.

 

9. Redemption of gift vouchers

9.1 Vouchers which can be purchased via the LinkDesk online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the LinkDesk online shop, unless otherwise stipulated in the voucher.
9.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by LinkDesk to pay the difference.
9.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

 

10. Applications and Services

10.1 In order to use the full range of functions offered by the LinkDesk applications, a working, always-on internet connection must be available at the place of use. In order to use all the features of the mobile applications, a mobile data connection is required. The availability and functioning of the internet connection shall be the sole responsibility of the Client.
10.2 LinkDesk reserves the right to interrupt access to the unrestricted use of the LinkDesk applications and LinkDesk services to the extent this is necessary for compelling reasons, e.g. due to necessary maintenance of servers, programs or the necessary infrastructure, unauthorised data or computer access, or in order to eliminate unforeseen vulnerabilities. In these cases, a stand-alone intelligent control of the devices shall be enabled as far as possible. These temporary restrictions shall not give rise to any liability or warranty claims by the Client.

 

11. Beta Services

LinkDesk sometimes release products and features that LinkDesk is still testing and evaluating. (“Beta Services”). Beta Services are labeled “alpha”, “beta”, “preview”, “early access” or “evaluation” (or words or phrases with similar meanings) and may not be as reliable as LinkDesk’s other products and services. Beta Services are made available so that LinkDesk can collect user feedback, and by using LinkDesk Beta Services, Client agrees that LinkDesk may contact him to collect such feedback. Beta Services are confidential until official launch. If Client use any Beta Services, he agrees not to disclose any information about those Services to anyone else without LinkDesk’s permission.

 

12. Liability

LinkDesk shall only be liable for damage other than injury to life, body or health to the extent that they are the result of intent or gross negligence or culpable breach of material contractual obligations, i.e. obligations, which are essential for the proper performance of the contract and the fulfilment of which the client may routinely rely upon, by LinkDesk. Any further liability for damages shall be excluded. In the event of a breach of material contractual obligations, the liability of LinkDesk shall be limited to contractually foreseeable damage. The liability under the provisions of the German Product Liability Act shall remain unaffected hereby.

 

13. Data protection

LinkDesk shall carry out all data processing operations (e.g., collection, processing, and transmission) in compliance with statutory requirements. The personal data supplied by the Client, order data and operating data provided by the terminal devices shall be stored electronically by LinkDesk. Further information about the nature, scope, location and purpose of collecting, processing and the use of personal data required to execute the order can be found in the privacy policy of LinkDesk. The measures deployed by LinkDesk for the protection of data against unauthorised access shall be based on the newest technology standards. At the same time, it should be noted that even if the most advanced measures are used, it cannot be completely ruled out that third parties may attempt to gain unauthorised access to this data.

 

14. Change of General Terms and Conditions

LinkDesk shall be entitled to change these General Terms and Conditions unilaterally if this is necessary to eliminate a subsequent disturbance to the equilibrium of the contract, or to adapt the contract to the changing legal or technological conditions. LinkDesk shall notify the Client accordingly about any changes to the provisions of the contract and provide the Client with the content of the amended provisions. The amendment shall become an integral part of the contract, if the Client does not object to the inclusion of the amended provisions within six weeks of receipt of notification of change either in writing or electronic form.

 

15. Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

 

16. Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, LinkDesk place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, LinkDesk place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases LinkDesk is entitled to call the court responsible for the seat of the Client.

 

17. Alternative dispute resolution

17.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
17.2 LinkDesk is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

Support

We’re always happy to help. Please contact us if you have any questions or suggestions.