General Terms and Conditions of Calidario

  1. General provisions for creating templates outside of a Premium contract

    1. Generally

      1. Supplier of the services on the website of Calidario and therefore contractual partner of the client is:

        WirbelWild GbR
        Überkinger Straße 4
        70372 Stuttgart

        represented by the managing directors Deborah Köngeter and Tobias Köngeter

        Phone: |||Zch+%5D+f%60%60+%5D+hh+da+ge%5Cec
        Email: |||%3A%3F7%40o42%3D%3A52C%5D%3A%40

      2. The following provisions apply to contracts that are concluded via the Calidario web shop and that involve the one-off creation of a calendar template outside of premium contracts.

      3. Customers of these contracts can be both consumers and entrepreneurs.

    2. Description of Service

      1. Calidario is a one-time creation of calendar templates service. Insofar as data can be integrated into the Calidario templates (e.g. holidays and public holidays), Calidario uses third-party sources to research such data; the data therefore does not come from Calidario.

      2. Calidario makes available the template created by the client using the Calidario calendar configurator via download as an IDML file. The client can find details and help for creating and downloading in the “FAQ” section.

    3. System Requirements

      1. Calidario can only be used by the customer if the customer has a program for opening IDML documents, for example Adobe InDesign, Quark XPress or Affinity Publisher. Legally effective licenses are required to use the programs.

      2. In addition, the client must have the possibility to extract archives in ZIP format using software because the download is effected as such a file.

    4. Conclusion of Contract

      1. The product presentations on the Calidario website are intended for a purchase offer to be submitted. You are submitting a binding offer when clicking on the button “order with costs”.

      2. Calidario can accept the client's order by making the file available for download.

    5. Prices

      1. The prices stated on the website of Calidario include the statutory value-added tax, to the extent that value added tax is applicable, and other price components.

    6. Delivery

      1. Delivery shall only be via download.

    7. Obligation of Inspection by the Client

      1. The customer is obliged to check the correctness of the data used in the calendar template himself, especially before a calendar template is printed or used in any other way.

    8. Terms of Payment

      1. Payment shall be effected exclusively by way of the payment means offered on the website of Calidario.

      2. Unless stated otherwise on the Calidario website, due date and charging shall be based on the selected payment method; details can be found on the website.

    9. Consumers' Right of Withdrawal

      1. Consumers have a right to withdrawal of fourteen days.

      2. Consumer specifies any natural person who enters into a legal transaction for the purposes which can not be attributed primarily to their commercial or their self-employed professional occupation.

      3. Revocation

        Withdrawal Policy Right to Withdrawal
        • You have the right to withdraw from this contract within fourteen days without giving a reason.

        • The withdrawal period shall be fourteen days from the date of conclusion of the contract.

        • To exercise your right of withdrawal you must contact us

          WirbelWild GbR
          Überkinger Straße 4
          70372 Stuttgart

          Phone: |||Zch+%5D+f%60%60+%5D+hh+da+ge%5Cec
          Email: |||%3A%3F7%40o42%3D%3A52C%5D%3A%40

          by means of a clear declaration (for example, a letter sent by mail, fax or email) about your decision to withdraw from this contract. You may use the appended withdrawal form template, but this is not required.

        • In order to comply with the withdrawal period, it is sufficient that you send the notification of exercising the right to withdrawal before the withdrawal period has expired.

        Consequences of the Withdrawal
        • If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen 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.

        • If you have requested that the services commence during the period of withdrawal, then you shall be obliged to pay us an appropriate amount equal to the proportion of the services already provided, until you informed us about exercising the right to withdrawal with respect to this contract, in comparison to the total scope of the services provided for in the contract.

    10. Withdrawal

      1. The performance not constituting services offered by Calidario shall be subject to the statutory warranty rights.

    11. Final Provisions for Entrepreneurs

      1. In addition, German law shall apply, in particular the law on the procurement of services of the German Civil Code (BGB).

      2. To the extent permissible, the parties agree that Stuttgart shall be the exclusive place of jurisdiction.

      3. Should any provision of these General Terms and Conditions be invalid, then the remaining provisions shall remain in force. The statutory provisions shall apply in place of the invalid provision.

    12. Frequently Asked Questions

      • How does the ordering of chargeable services work?

        1. Once you have created a calendar template, a free preview of your calendar template is made available. You can download the preview document with an incomplete data record by clicking on the button “download calendar template for free”. If you would like to purchase the calendar template with the full data record, then click on the button “buy calendar template”

        2. You get to the shopping cart, where you then click the attached button “Checkout” and enter your data in the following form.

        3. After you have selected the desired payment method on the following page, you will receive a final overview of your purchase. By clicking on the button “Order with costs” you confirm the purchase.

        4. You now have the option to access the download page and there download the full version of your calendar template. You will also receive a download link and a confirmation of your order by email.

      • Do I need to register?

        Prior to purchase, you must accept our General Terms and Conditions. By clicking on the button “order with costs” you will be taken to order processing and your template will be made available as a download. Any separate registration with us is not necessary.

      • When is my order binding?

        On the Calidario website, you shall again be shown the selected service(s), the price and the chosen payment method. By clicking on the button “order with costs”, you are submitting a binding order.

        The process can be terminated at any time by closing the respective window. You will receive further information on the individual pages e.g. regarding correction options.

      • Is the contractual text stored?

        The text of the contract is stored on our internal systems. You can view the General Terms and Conditions at any time on our website under the heading “GTC”. After completing the order, your order data is no longer accessible via the Internet for security reasons.

      • For further questions and answers, please refer to the “FAQ” section.

  2. Special Provisions for Premium Contracts

    1. Scope

      1. These special provisions also apply to the conclusion of premium contracts. Premium contracts are contracts that allow the customer to create a certain number of templates over a certain contract period in return for payment of a regular fee.
      2. Only an entrepreneur can be a customer of a premium contract.
    2. Supplementary service description

      1. The customer receives access to an individual dashboard. There he can create calendar templates either manually or via an interface provided by Calidario.
      2. Access to the individual dashboard is possible with a username and password. The customer is solely responsible for keeping his access data safe and protecting it against unauthorized access by third parties.
      3. The use of the premium contract is permitted for an indefinite number of employees of the customer in the customer's company.
      4. With premium contracts, the customer can choose between individual remuneration models. The customer can find details here.
    3. Compensation

      1. Depending on the remuneration model selected by the customer, the customer must pay annual and individual remuneration dependent on the remuneration model.
      2. If an annual remuneration is to be paid, this is due in advance for one contract year. The customer receives an invoice from Calidario, which is then due for payment within 14 days of receipt.
      3. Insofar as an individual remuneration is to be paid, this is due for each calendar template created. The templates created via the Calidario interface are automatically recorded and form the basis of billing. The customer remains free to prove that the automatic recording is incorrect.
      4. Any remuneration according to Section II.3. is to be understood plus sales tax at the statutory rate.
    4. Term and Termination

      1. Premium contracts are concluded for an indefinite period.
      2. Premium contracts can be terminated by both parties with a period of notice of 7 days to the end of the term.
      3. Each party is free to terminate the contract extraordinarily and without notice for important reasons. Section 314 of the German Civil Code also applies to this.
      4. Any termination must be made in writing or in text form. The customer can also cancel via a cancellation button provided by Calidario in the dashboard.
    5. Other

      1. In addition, the General Terms and Conditions listed under Section I apply.
      2. If there is a contradiction between the provisions of the Special Provisions for Premium Contracts pursuant to Section II and the General Terms and Conditions from Section I., the provisions of the Special Provisions for Premium Contracts pursuant to Section II shall take precedence.

Updated June 2023