Affiliate Terms and Conditions

Influencer terms and conditions

1 General and scope

This contract regulates the business relationship between the client (Gockels - majuka GmbH, Asberger Str. 32, 47802 Krefeld) and the contractor (registrant via the online form) as an influencer for marketing services that are provided by the contractor for the client. Unless otherwise agreed, the following contractual conditions apply exclusively. Conflicting, deviating or supplementary terms and conditions do not become part of the contract unless the parties expressly and unanimously agree to their validity. The client is a trading company that uses the contractor's marketing services to optimize the reach of its offer. The contractor is a so-called influencer, i.e. a person who is at least 16 years old and in one or more social media or networks accessible via the Internet (e.g. Youtube, Facebook, Instagram, own blog, etc.) with a considerable number of is networked with friends/followers and regularly advertises products independently via this network/these networks, thereby achieving a strong presence and high reputation.

2 Beginning and termination of contract

The contract begins with the signing and is concluded for an indefinite period. It can be terminated by either contractual partner with a notice period of 4 weeks to the end of the month. The termination must be in writing. The right to extraordinary termination of the contract for good cause remains unaffected.

3 Services of the Contractor

The contractor undertakes to publish the content defined in Appendix 1 under his name using the product specified in each case. The implementation of the execution details is part of the service owed. The contractor undertakes to mark the client in any content to be published according to Appendix 1, stating his platform profile and/or to mention it in the text description of the respective contribution (where available), stating the platform profile and naming the company name. The content must remain on the social media channel defined in Appendix 1 for a reasonable period of time.

4 Services of the client

The client undertakes to provide the contractor with all products required for the services owed according to § 3 (1) in conjunction with Annex 1 as well as required image and text material available at the client free of charge with a reasonable lead time. With the provision, the contractor acquires ownership of the products provided and may freely dispose of them even after the end of the contractual relationship. Physical image and text material made available must be returned to the client immediately after the end of the contract. For the rest, § 8 (1) applies. The client has the right to interrupt the production of content from the contractor at any time. Even after the content has been published, the client can at any time demand that the contractor no longer publishes content or makes it available for retrieval in any form.

5 Compensation

The client does not pay the contractor a one-time fee for the services owed and contractually provided according to § 3 (1) in conjunction with Annex 1. Instead, the contractor receives a personalized voucher code. Each order that is generated using this voucher code will be remunerated/commissioned in accordance with Annex 2. This remuneration also includes all travel expenses and other expenses incurred by the contractor in connection with the contractual services. The contractor receives a monthly credit note from the client, as well as a list of the orders. After termination of the contract there is no right to compensation.

6 Responsibility for Content

It is the sole responsibility of the contractor to ensure that his services owed in accordance with Section 3 (1) in conjunction with Annex 1 are lawful and do not infringe the rights of third parties. The contractor undertakes not to spread any unauthorized advertising, spam or inaccurate warnings about viruses, malfunctions and the like or to encourage participation in unfair sweepstakes, pyramid schemes, chain letters, pyramid schemes and comparable illegal actions. The contractor is solely responsible for not using any photos, graphics or other materials whose content or use is punishable by law or otherwise violates criminal law. The contractor bears sole responsibility for ensuring that his content owed according to § 3 (1) in conjunction with Annex 1 meets all legal requirements, in particular with regard to the Interstate Broadcasting Treaty (RStV) and other media, competition, youth protection and press law requirements. In this context, particular attention must be paid to the unambiguous and clear identification of the advertisement and the optical separation of the advertisement from the editorial content. Any advertising measure agreed with the client in the form of content must always be identified as such, e.g. B. by attaching or showing the easily legible words "advertisement" or "advertisement" in a prominent place. Appropriately for the medium, it must be presented spatially and clearly separated from other editorial content or parts of the program using optical and/or acoustic means, e.g. B. by a separate section or the division of the screen (split screen). The contractor is strictly prohibited from using techniques to covertly or subliminally influence addressees. The contractor is obliged to always keep the provider identification easily recognizable, directly accessible and constantly available in accordance with the statutory provisions.

7 Rights of use for image and text material

The use of image and text material, which is provided by the client within the framework of the contractual relationship, by the contractor is only permitted to provide the services owed according to § 3 (1) in conjunction with Annex 1. For this purpose, the contractor receives a revocable and non-transferable right of use limited to the contractual period and spatially to the social media channel described in Annex 1. If the contractor acquires a copyright, performance or other right to the content published by him within the meaning of § 3 (1) in conjunction with Annex 1, he grants the client the exclusive, irrevocable, temporally and spatially unlimited right to use this content as well as Use translations and other editing or transformations.

8 Warranty

The statutory provisions apply to liability for defects in quality or title, unless otherwise stated in these contractual terms. The contractor guarantees the agreed quality of the content owed according to § 3 (1) in conjunction with Appendix 1 and that the client can use it without infringing on the rights of third parties.

9 Secrecy

The contractor undertakes to treat the information transmitted as part of the contractual relationship confidentially and to maintain secrecy about it even after the contract has been concluded. In particular, the contractor is prohibited from distributing the relevant information via the internet or social media. This confidentiality agreement does not apply if the information is obviously known in advance or was subsequently made available to the other party by a third party without violating this confidentiality obligation. In the event of infringement, the contractor undertakes to pay a contractual penalty for each individual case. The contractual penalty is calculated based on the commission turnover of the contractor. For each case, an average monthly turnover (as a number: 1) is calculated, but at least 1,000.00 euros. As an example: The contractor receives a commission of 500 euros / month for the first 3 months. For the further 3 months 1,000.00 euros / month and for the further 6 months a commission of 2,000.00 euros / month. The annual turnover corresponds to 12,500.00 euros. The average monthly turnover corresponds to: 1,375.00 euros. The contractual penalty is therefore EUR 1,375.00 per case. For the planning of marketing measures, the contractor has access to information that is not or not yet intended for the public. For example new products. With such information, the contractual penalty is three times the monthly turnover.

10 Non-Compete

The contractor undertakes not to use the published content for other private or commercial purposes. The contractor also undertakes not to provide any marketing services for products from other companies that compete with the client's products for the duration of the contractual relationship.

11 Liability

The client is liable for intent and gross negligence as well as in the event of personal injury. Liability for negligence is limited to liability for breach of essential contractual obligations, so-called cardinal obligations. Liability is limited to the damage that is typical for the contract, the occurrence of which the client had to reckon with at the time the contract was concluded due to the circumstances that were foreseeable at the time. In addition, the client is liable for damages for which compensation is provided due to mandatory statutory provisions. The limitations of liability also apply to the customer's vicarious agents. There is no further liability on the part of the customer and his vicarious agents. In particular, the client is not liable for the content published by the contractor. The contractor releases the client from all third-party claims that are brought to the client due to the services contractually owed by the contractor.

12 Breach of Contract

If the contractor violates a provision of this contract, the client is entitled to terminate the contractual relationship with immediate effect. § 2 and § 10 remain unaffected.

13 End of Contract

At the end of the contract, both parties may continue to use the content produced by the contractor. At the request of the contractor or the client, all content that can be brought into direct connection (image and video recordings on which the parties can be seen or heard) with the contractor or the client must be destroyed. Excluded are the personalized spice mixtures, recipes or image/video recordings of spices, food and events of the client.

14 Privacy Policy

The client collects and stores personal data of the contractor such as name, address, e-mail address and telephone number for the purpose of executing the contract in accordance with Article 6 Paragraph 1 lit. b GDPR. The client guarantees compliance with the European General Data Protection Regulation (GDPR). For further information on data processing and information on the rights of those affected, reference is made to the data protection declaration of the customer (available at https://www.gockels-food.de/shop/datenschutz/).

15 Final Provisions

The place of performance, payment and fulfillment is the customer's registered office. The law of the Federal Republic of Germany applies exclusively to this contract, excluding international private law and excluding the UN sales law on the international sale of goods (CISG), even if one of the contracting parties has its registered office abroad. Should individual provisions of this agreement be wholly or partially invalid, the validity of the remaining provisions shall not be affected. The statutory provisions shall apply in place of the ineffective provision.

Annex 1: Content to be published according to § 3

The contractor posts regularly about the client's products on all of its social media channels. This is not restricted in terms of time and space. The client trusts that the contractor knows his "followers" best and thus chooses the best marketing strategy. But it should also be said that a one-off post / story is not acceptable. We expect more regular releases, at least once a month.

The contractor receives the following options from the client:

After 3 months (and regular posts), the contractor gets the opportunity to create their own spice mix. For this purpose, the prescription must be sent to the customer. The customer produces this spice mixture and sells it. The contractor assigns all associated rights to the client. Even after the end of the contract, the client may continue to sell this spice mixture and use the recipe, as well as the name of the spice mixture and the corresponding content from the contractor.
The contractor will receive a discount code for their followers from the start. The discount amount and duration is to be determined exclusively by the client.
After consultation with the client, the contractor may conduct sweepstakes in his own name. The client makes the profits available to the contractor.

Appendix 2: Compensation

The contractor receives the following commissions:

up to 2,000 euros turnover: 20%
up to 4,000 euros turnover: 22%
up to 6,000 euros turnover: 24%
up to 10,000 euros turnover: 28%
up to 20,000 euros turnover: 30%
up to 50,000 euros turnover: 35%
from 50,000 euros turnover: 40%

Only the net turnover applies, less shipping costs. The commission scale applies monthly.

If the influencer recommends other influencers, he will receive a commission of 3% from their sales.

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Terms and Conditions Spice Advisor

declaration of consent
As part of the business relationship, I agree that majuka GmbH and, if applicable, whose subsidiaries obtain and use address information and information on my payment history from the following companies for the purpose of credit checks, personal identification and, if necessary, in the course of the active business relationship: SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden and CRIF GmbH, Leopoldstr. 244, 80807 Munich, Germany by mediaFinanz GmbH, Weiße Breite 5, 49084 Osnabrück. For this purpose, my personal data (company, surname, first name, address, date of birth) are transmitted. The consent can be revoked at any time with effect for the future. I can find more information on the processing of personal data at: https://www.gockels-food.de/shop/datenschutz/. Based on the information received from the credit bureaus, a probability of a loan default and thus my solvency is calculated. If the credit check is positive, the seller can offer payment on account - there is no obligation to do so. If the credit check is negative, I will not be offered payment on account.

Consent to the transfer of personal data to shipping service providers and regional management
I consent to my contact details being passed on to GLS, General Logistics Systems Germany GmbH & Co. OHG, GLS Germans Str. 1-7, 36286 Neuenstein, and to DHL, DHL Paket GmbH, Sträßchenweg 10, 53113 Bonn, so that the Parcel service provider can contact me by e-mail or telephone before the delivery of the goods for the purpose of coordinating a delivery date or transmit status information on the delivery of the shipment. I agree that my contact details and sales data may be passed on to my sales management at Gockels - majuka GmbH for the purpose of support and the provision of sales-related information.

The contract is concluded under the conditions mentioned above and overleaf, which I have taken note of and with which I agree.

I. Scope / Basics
(1) These General Terms and Conditions (hereinafter "GTC") of majuka GmbH (hereinafter "Seller", "majuka GmbH") apply to all contracts for the delivery of goods that an entrepreneur (hereinafter "Customer", "Buyer") "Consultant") with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
(2) By concluding this contract, the buyer accepts the following terms and conditions.
(3) These terms and conditions also apply exclusively if the seller carries out the delivery to the customer without any special reservations, while being aware of conflicting or deviating conditions of the customer.
(4) Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(5) Entrepreneurs within the meaning of these GTC are also authorities or other institutions under public law if they act exclusively under private law when concluding the contract.
(6) It is pointed out to the buyer that as a self-employed entrepreneur, he has to carry out all necessary registrations and approvals with the responsible authorities before and during his activity and may be subject to tax on the income from the Gockels spice consultant activity.
(7) The buyer is granted the right to purchase products from the Gockels range as a Gockels spice consultant within the framework of these conditions, to offer them to end customers and to sell them for their own account and in their own name.
(8) The offering and sale of similarly stored products, such as those from the Gockels range, require the approval of the seller.
(9) The range of goods offered can be changed, expanded or reduced at any time without any claims for compensation or compensation of any kind arising as a result.
(10) The sales partnership applies exclusively to the buyer and is not transferable.

II. Duration and conclusion of contract
(1) The contract is concluded for an indefinite period. It can be terminated by either contractual partner with a notice period of 4 weeks to the end of the month. The termination must be in writing.
(2) After the end of the contract, the buyer must hand over the goods still in his possession together with the documents provided to the seller.
(3) Regular orders ensure all the benefits for the Gockels Spice Advisor. If the buyer does not place an order for a longer period of time, the seller is entitled to set the buyer to inactive. However, the contract continues.
(4) The product descriptions presented in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
(5) The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process . Furthermore, the customer can also submit the offer to the seller by telephone or e-mail.
(6) The buyer can accept the customer's offer within five days,
a) by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
b) by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
c) if payment by direct debit is offered and the customer opts for this payment method by collecting the total price from the customer's bank account, whereby the point in time at which the customer's account is debited is decisive.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
(7) If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without PayPal Account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares the
Acceptance of the customer's offer at the point in time when the customer clicks on the button that completes the ordering process.
(8) When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
(9) Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
(10) Only the German language is available for the conclusion of the contract.
(11) The order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
(12) If the parties have agreed special conditions, these do not apply to current and future contractual relationships with the customer.
(13) In the event of the customer's economic inability to fulfill his obligations towards the seller, the seller can terminate existing exchange contracts with the customer without notice by withdrawing. This also applies if the customer files for insolvency. § 321 BGB and § 112 InsO remain unaffected. The customer shall inform the seller in writing of an impending insolvency in good time.

III. Prices and terms of payment
(1) Unless otherwise stated in the seller's product description, the prices quoted are net prices plus statutory sales tax. Packaging and shipping costs, loading, insurance (particularly transport insurance), customs duties and levies may be charged separately.
(2) Various payment options are available to the customer, which are specified in the seller's online shop.
(3) If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
(4) If a payment method offered via the "PayPal" payment service is selected, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
(5) If you select the "SOFORT" payment method, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
(6) If you select the delivery on account payment method, the purchase price is due after the goods have been delivered and invoiced.
(7) If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative. (8) If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
(9) A payment is deemed to have been received as soon as the equivalent value has been credited to one of the seller's accounts. In the event of default in payment, the seller is entitled to interest on arrears at a rate of 10 percentage points above the respective base interest rate. The other legal rights of the seller in the event of a default in payment by the customer remain unaffected. If claims are overdue, incoming payments will first be offset against any costs and interest, then against the oldest claim.
(10) Should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases by suppliers, etc.), the seller is entitled to pass the price increase on to the customer. However, this only applies if the delivery is to take place later than four months after the conclusion of the contract, as agreed.

IV. Terms of delivery and shipping
(1) Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
(2) The seller is entitled to make partial deliveries if this is reasonable for the customer. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.
(3) The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
(4) The risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. This also applies if the seller bears the costs of transport. Transport insurance is only provided upon special request and at the expense of the customer.
(5) In the event that the shipment of the goods to the customer is delayed for reasons for which the customer is responsible, the transfer of risk takes place when the customer is notified that the goods are ready for shipment. Any storage costs incurred after the transfer of risk must be borne by the customer.
(6) Collection by the customer is not possible for logistical reasons.

V. Force Majeure
In the event of force majeure events affecting the fulfillment of the contract, the seller is entitled to postpone delivery for the duration of the hindrance and to withdraw in whole or in part in the event of longer-term delays, without any claims against the seller being able to be derived from this. All events unforeseeable for the seller or those which - even if they were foreseeable - are beyond the seller's sphere of influence and whose effects on the fulfillment of the contract cannot be prevented by the seller's reasonable efforts are deemed to be force majeure. Any legal claims of the customer remain unaffected.
VI. Delay in performance at the request of the customer
If, at the customer's request, the shipment or delivery of the goods is delayed by more than one month after notification of readiness for shipment, the customer can be charged storage fees of 0.5% of the purchase price for each additional month started, but no more than a total of 5% of the purchase price . The contracting parties are free to prove higher or lower damage.

VII. Retention of title
(1) The seller retains title to the delivered goods until the purchase price owed has been paid in full. Furthermore, the seller retains ownership of the delivered goods until all of his claims from the business relationship with the customer have been fulfilled.
(2) If the delivered goods are processed, the seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in the ratio of the invoice value of his goods to that of the other materials. If the seller's goods are combined or mixed with one of the customer's items, this is to be regarded as the main item, co-ownership of the item in the ratio of the invoice value of the seller's goods to the invoice value or, failing such, to the market value of the main item - to the seller about. In these cases, the customer is deemed to be the custodian.
(3) Items subject to retention of title or rights may not be pledged or assigned by way of security. The customer is only permitted to resell as a reseller in the ordinary course of business under the condition that the customer's claims against his customers in connection with the resale have been effectively assigned to the seller and the customer transfers ownership to his customer subject to payment. By concluding the contract, the customer assigns his claims against his customers in connection with such sales to the seller as security, who accepts this assignment at the same time.
(4) The customer must immediately notify us of access to the goods owned or co-owned by the seller or to the assigned claims. He has to transfer amounts assigned to the seller or collected by him immediately to the seller, insofar as his claim is due.
(5) If the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security rights at the customer's request.

VIII. Liability for Defects / Warranty
If the purchased item is defective, the statutory liability for defects applies. Notwithstanding this, the following applies:
(1) Claims for defects do not arise in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable equipment or due to special external influences that are not provided for in the contract. If the customer or third parties make improper changes or repair work, there are also no claims for defects for these and the resulting consequences, unless the customer can prove that the fault complained of was not caused by these changes or repair work.
(2) In the case of new goods, the limitation period for claims for defects is one year from delivery of the goods. In the case of used goods, the rights and claims due to defects are excluded.
(3) The limitations of liability and reductions in limitation periods set out above do not apply to items that have been used in accordance with their usual purpose for a building and have caused its defectiveness, to claims for damages and reimbursement of expenses by the customer in the event that the seller fraudulently concealed the defect has, as well as for the right of recourse according to § 445a BGB.
(4) In the event of subsequent performance, the seller has the right to choose between repair or replacement.
(5) If a replacement delivery is made as part of the liability for defects, the limitation period does not begin again.
(6) If the supplementary performance has taken place by way of a replacement delivery, the customer is obliged to return the first delivered goods to the seller within 30 days. The return package must contain the reason for the return, the customer's name and the number assigned to the purchase of the defective goods, which allows the seller to identify the returned goods. As long as and to the extent that the assignment of the return is not possible for reasons for which the customer is responsible, the seller is not obliged to accept the returned goods and to repay the purchase price. The customer bears the costs of a renewed shipment.
(7) If the seller delivers a defect-free item for the purpose of supplementary performance, the seller can claim compensation for use from the customer in accordance with Section 346 (1) BGB. Other legal claims remain unaffected.
(8) If the customer acts as a merchant within the meaning of § 1 HGB, he has the commercial obligation to examine and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

IX. Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
(1) The seller is fully liable for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, on the basis of mandatory liability such as under the Product Liability Act.
(2) If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
(3) Apart from that, liability of the seller is excluded.
(4) The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

X. Statute of limitations
Claims by the customer against the seller lapse - with the exception of the claims regulated under the point "Liability for defects / Warranty" - one year after knowledge of the facts giving rise to the claim, but no later than five years after the performance of the service, unless liability is unlimited in accordance with the above paragraph .

XI. retention, assignment
(1) The customer's rights of retention and refusal of performance are excluded, unless the seller does not dispute the underlying counterclaims or these have been legally established.
(2) An assignment of claims from the contract concluded with the customer by the customer, in particular an assignment of any claims for defects by the customer, is excluded.

XII.) Special conditions for the processing of goods according to specific customer specifications
(1) If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all the content required for processing such as texts, images or graphics in the file formats and formatting specified by the seller , image and file sizes and to grant him the necessary rights of use. The customer alone is responsible for obtaining and acquiring rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
(2) The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
(3) The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

XIII. Governing Law, Jurisdiction
(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
(2) If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside of the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

XIV. Termination of Business, Change of Ownership
(1) Closing of business, change of ownership, etc., must be communicated to the seller in writing without delay. The contract can only be taken over by the new owner after consultation with the seller.

XV. Distribution Policies
(1) The seller will support the buyer in carrying out his activities to the best of his ability and will always provide the necessary information and information.
(2) The buyer undertakes to adhere to the current and valid sales guidelines from the seller. These can be found in the appendix and will be emailed to you when they are renewed/revised.
XVI secrecy
(1) The customer undertakes to treat the information transmitted as part of the contractual relationship confidentially and to maintain secrecy about it even after the contract has been concluded. In particular, the customer is prohibited from distributing the relevant information via the Internet or social media.
(2) This confidentiality agreement does not apply if the information is obviously known in advance or has subsequently been made available to the other party by a third party without violating this confidentiality obligation.
(3) In the event of an infringement, the customer undertakes to pay a contractual penalty for each individual case.

XVIII. penalty
(1) In the event of a violation of a condition of this agreement, a contractual penalty will be agreed.
(2) The contractual penalty is calculated based on the commission turnover of the contractor. An average monthly turnover is calculated for each case, but at least 1,000.00 euros.
(3) As an example: The customer receives a commission of 500.00 euros / month for the first 3 months. For the further 3 months 1,000.00 euros / month and for the further 6 months a commission of 2,000.00 euros / month. The annual commission corresponds to 12,500.00 euros. The average monthly commission corresponds to: 1,375.00 euros. The contractual penalty is therefore EUR 1,375.00 per case.
(4) For the planning of marketing measures, the contractor has access to information that is not or not yet intended for the public - for example new products. In the case of such information, the contractual penalty is three times the monthly commission.

XVIII. Other Provisions
(1) The present contract together with associated annexes represents the entire agreement of the contracting parties.
(2) The buyer must maintain silence about the amount of the discount.
(3) No tacit, verbal or written ancillary agreements have been made. Changes or additions to this contract are only effective if they are agreed in writing. This also applies to a change to this written form clause. Deviating from this, informal changes or additions to this contract are also effective if they are individual agreements within the meaning of §305b BGB. These individual agreements are generally to be subsequently recorded in writing to make it easier to provide evidence.
(4) Should individual provisions of these General Terms and Conditions / this contract be or become invalid, the validity of the remaining provisions shall not be affected.
(5) In the case of independent media appearances for the sale of Gockel's products, especially on the Internet, the buyer must observe the seller's Internet guidelines.
(6) The buyer agrees to the electronic processing of his data in accordance with the Federal Data Protection Act.
(7) The commission/discount/remuneration table, the Internet guidelines, the presentation conditions and the distribution guidelines are an integral part of this agreement. Violation of these policies may result in immediate termination.
(8) This application will be processed and checked by majuka GmbH. The seller reserves the right to accept this application and thus to conclude the consultant agreement. The contract is concluded when the managing director of majuka GmbH provides the partner number and returns the signed contract to the buyer. Orders can only be placed by telephone or in the online shop from this point in time under the agreed conditions.
(9) The contractor receives the following commissions:

Only the net turnover applies, less shipping costs. The commission scale applies monthly.

If the contractor recommends other consultants, he will receive a commission of 3% from their sales.

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