General Terms and Conditions of Captain Frank GmbH

(Valid since: April 28, 2017)

The following General Terms and Conditions of Captain Frank GmbH, Ridlerstraße 31a, 80339 Munich (hereinafter referred to as “contractor”) agree on the legal relationship between Captain Frank GmbH and the customer (hereinafter referred to as “client”). The regulations apply in particular to the use of the website and its subpages and any other services on the website that are made available to the client. The General Terms and Conditions form the basis of or supplement each receivables purchase agreement and each declaration of assignment.

Both consumers within the meaning of Section 13 of the German Civil Code and entrepreneurs within the meaning of Section 14 of the German Civil Code are deemed to be clients within the meaning of these General Terms and Conditions. A consumer within the meaning of these General Terms and Conditions is i.S.d. § 13 BGB any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. For clarification: The client in the contractual relationship with the contractor is the seller of the receivables.

1. Legal basis and subject matter of the contract

1.1. Acquiring Compensation Claims

The contractor offers the client the opportunity to make the contractor an offer to purchase receivables.

2. Conclusion of contract

The services and other offers of the contractor on the website are non-binding. The contractor reserves the right to change its website, the services and other offers made available on it.

The performance of the contractor's services on the Internet does not constitute a binding offer to conclude a contract.

2.1. Ordering process and offer of the client

Based on the data submitted by the client, the contractor checks whether the contractor would like to support the client in enforcing potential compensation. After the examination, the contractor is entitled, but not obliged, to submit such a contract offer to the client. By electronically signing this offer, the client accepts this contract.

By accepting the offer, the contractor acquires the claim for sole disposal.

2.2. Minor Claimants

The client must be at least 18 years of age. The client can conclude the purchase of receivables contract and the declaration of assignment in the legal representation of his minor child, insofar as this has its own potential claim for compensation.

3. Contractor Disclaimer

3.1. Availability of the websites

An uninterrupted and comprehensive availability of the website cannot be guaranteed due to the current state of the art - disruptions and maintenance work can temporarily limit the availability. For this reason, the contractor is not liable for the continued error-free availability of the website and its services. The contractor endeavors to keep any interruptions as short as possible, insofar as this can be influenced.

3.2. Damages

Ansprüche des Auftraggebers auf Schadensersatz sind ausgeschlossen, außer Schadensersatzansprüchen des Auftraggebers aus der Verletzung des Lebens, des Körpers, der Gesundheit oder wesentlicher Vertragspflichten sowie die Haftung für sonstige Schäden, die auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung von Captain Frank und ihrem gesetzlichen Vertreter beruhen. Wesentliche Vertragspflichten sind Pflichten, die erfüllt werden müssen, um die Zwecke der Verträge zu erfüllen.

4. Datenschutz

Es gelten die Datenschutzbestimmungen des Auftragnehmers. Diese sind jederzeit unter https://secure.captain-frank.com/datenschutz in möglicher Form abrufbar.

5. Final Provisions

5.1. Changes to the Terms and Conditions

These GTC apply in the version valid at the time of the order.

5.2. Contract language

The contract language is German.

5.3. Applicable Law

The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.

If the customer placed the order as a consumer and is in another country at the time of his order, the mandatory legal provisions of this country apply.

5.4. Place of jurisdiction

If the client has his domicile or habitual abode in Germany at the time the action is filed, or if he is not known, or if he does not have a general place of jurisdiction in the Federal Republic of Germany or the EU, or if he is a merchant, the exclusive place of jurisdiction for all disputes is the registered office of the contractor.