These Terms and Conditions apply to

the use of the Service and access to this Website, and
any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.

Users are requested to read this document carefully.

This website is offered by:

Berkenbusch & Schmadtke GbR
Bergiusstr. 4
46244 Bottrop
Germany

Authorised representatives:

Keanu Berkenbusch
Kai Schmadtke

Provider’s email address: info@floow-media.de

Key facts at a glance
Please note that individual provisions of these Terms and Conditions may only be applicable to certain categories of users, for example only to consumers or only to users who do not act as consumers. Such limitations on the scope of application will be expressly indicated in each clause concerned. If no such indication is made, the clause will apply to all users.
The right of withdrawal is only available to European consumers.

TERMS OF USE

Unless otherwise stated, the terms and conditions set out in this section apply when accessing this website.

Separate or additional terms of use or access may be applicable in certain circumstances and will be expressly stated in this document in such cases.

By using the Service, Users confirm that they comply with the following conditions:

Users can be consumers or business customers;

Account creation

To use the Service, Users may register or create a User Account by providing all required data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may result in limited availability of certain functions.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible on this website.

By registering, Users agree to be responsible for all actions that occur in connection with their username and password. Users are obliged to immediately and unambiguously inform the Owner, using the contact details provided in this document, if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.

Termination of the user account

User accounts can be deleted at any time as follows:

By contacting the provider directly using the contact details provided in this document.
Blocking and deletion of the user account
The provider reserves the right to block or delete user accounts that it deems inappropriate or offensive or that, in its sole discretion, violate these Terms and Conditions at any time and without prior notice.

The blocking or deletion of user accounts does not give rise to any claims for damages, indemnification or reimbursement for the user.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available through this website
Unless otherwise stated or clearly indicated, all content available through this website is the property of the Provider and is provided by the Provider or its licensors.

The Owner makes every effort to ensure that the content made available through this Website does not violate applicable laws or the rights of third parties. However, this is not always possible. In such cases, Users are requested to direct their complaints preferably to the contact details provided in this document. This does not affect the right to assert any claims (extra)judicially.

Rights to the content available through this website

All rights to the contents are reserved to the provider.

Users may only use the content to the extent necessary or – even implicitly – intended for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute, edit, translate, modify, transform, publish, transfer, sell or license the content beyond the limits defined below, or to enable third parties to carry out the aforementioned actions via their own device - even without the user's knowledge.

Unless expressly stated otherwise on this website, the user may download, copy and/or distribute selected content available on this website for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the provider are correctly included.

Legal restrictions or exceptions remain unaffected.

Access to external resources

Users may be able to access external resources provided by third parties through this Website. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content may be granted arise from the contractual provisions of each third party or, alternatively, from the applicable legal provisions.

Permitted use

This website and the service may only be used for their intended purpose and in accordance with these Terms and Conditions and the applicable legal provisions.

Users are responsible for ensuring that their access to this website and/or use of the service does not violate any laws, regulations or the rights of third parties.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Website or the Service, terminating contracts, reporting objectionable activities taking place through this Website or the Service to the competent authorities - such as judicial or administrative authorities - if Users are proven or suspected to:

violate any laws, regulations or these Terms and Conditions; or
infringe the rights of third parties; or
significantly affect the legitimate interests of the provider; or
insult the provider or a third party.
API Terms of Use
Users may access their data relating to this website through the Application Programming Interface (API). Any use of the API, including use of the API by a third-party product/service, is subject to these Terms and Conditions and the following additional terms:

The User expressly acknowledges and accepts that the Provider shall not be liable for any damages or losses resulting from the User’s use of the API or the use of third-party products/services that access data via the API.
TERMS OF SALE
Provision of personal data
In order to access or obtain some of the products provided as part of this service through this Website, Users may be required to provide their Personal Data in accordance with the requirements indicated on this Website.

Paid products

Some of the products available through this website as part of the Service are subject to payment.

Prices, terms and conditions applicable to the purchase of such products are described below. For further details, please refer to this website and the relevant sections.

Product description

Prices, descriptions and availability of products are available in the relevant sections of this website and are subject to change without notice.

Although products are presented on this website with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not constitute a guarantee regarding the characteristics of the product purchased.

The characteristics of the selected product will be explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order are part of the purchasing process.

The purchasing process includes the following steps:

The user selects the desired product from the range and checks their own product selection. After checking the details of the product selection, the user can place the order by sending it to the provider.
Placing the order

When the user places an order, the following applies:

The contract is concluded when the order is placed. Placing the order therefore creates an obligation for the user to pay the purchase price, taxes and any other fees and expenses in accordance with the information on the order page. If information is required from the user, such as personal information or data, specifications or special requests, placing the order creates an obligation on the part of the user to cooperate accordingly. After placing the order, users receive a confirmation of receipt.
All notifications related to the purchase process described will be sent to the email address provided by the User for this purpose.

Prices

Users will be informed of all fees, taxes and charges (including any shipping costs) they will be liable for during the purchase process and before placing their order.

Prices are displayed on this website as follows:

including all applicable fees, taxes and costs.

Offers and discounts

The Provider may offer discounts or special offers for the purchase of Products. Such offers and discounts are always subject to the terms and conditions set out in the relevant section of this Website.

Offers and discounts are always granted at the sole discretion of the provider.

Repeated or recurring offers or discounts do not create any claims/titles or rights that users can assert in the future.

Depending on the case, discounts or offers are only valid for a limited period of time or while stocks last. If an offer or discount is limited in time, the time references refer to the time zone of the provider, unless otherwise stated. This can be found in the relevant information provided by the provider in this document.

Coupons

Offers or discounts may be based on coupons.

In the event of a breach of the terms and conditions applicable to coupons, the provider may lawfully refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or different rules for using the coupons found on the relevant information page or on the coupon itself will always prevail.

Unless otherwise stated, the following rules apply to the use of coupons:

Each coupon is only valid if used in the manner indicated on the website and/or in the coupon and within the period specified; A coupon can only be used in full and at the time of purchase - partial use is not permitted; Unless otherwise stated, single-use coupons may only be used once per purchase and can therefore only be used once even in installment purchases;
Coupons cannot be used cumulatively;
The coupon can only be redeemed within the period specified in the offer. After this period, the coupon automatically expires and excludes any possibility of asserting the rights arising from the coupon, including a payout.
The user is not entitled to a credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
The coupon is intended for non-commercial use only. Any reproduction, imitation or commercial trading of the coupon is prohibited, as are any illegal activities related to the purchase and/or use of the coupon.
Payment methods
Information about accepted payment methods will be provided during the purchase process.

Some payment methods may be available only with additional terms or fees. In such cases, you will find the relevant information in the relevant section of the Service (this Website).

All payments are processed through third parties. Therefore, this website does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.

If payment through the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfil the order. If a payment fails or is rejected, the provider reserves the right to claim all related costs or damages from the user.

Installment payments

Payment of the purchase price can be made in two or more installments. The terms and conditions specified on the service (this website) or the conditions specified by the provider apply.
Certain products may be excluded from this payment model.
If the user fails to meet any of the payment deadlines, the entire outstanding amount will become due immediately.

Authorization for future PayPal payments
When users authorize the PayPal feature that allows future purchases, this website stores an identification code linked to the users' PayPal account. This authorizes this website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.

Retention of title

The ordered products only become the property of the user once the provider has received payment of the entire purchase price.

Maintenance of usage rights
Users do not acquire any rights of use to the purchased product until the provider has received payment of the entire purchase price.

Delivery

Provision of digital content
Unless otherwise stated, digital content purchased through this website is transferred via download to the devices selected by the users.

Users acknowledge and accept that the device(s) and the respective software (including operating systems) intended for downloading and/or using the Product must be legal, commonly used, up-to-date and compliant with current market standards.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

Provision of services
The purchased service must be provided or made available within the time period specified on this website or as communicated before the order is placed.

User rights

Right of withdrawal

Unless there are exceptions, the user can withdraw from the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can learn more about the withdrawal conditions.

To whom the right of withdrawal applies
Under EU law, European consumers have a legal right of withdrawal for contracts concluded online (distance contracts). They can withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.

For users who are not acting as European consumers, the rights set out in this section do not apply.

Exercise of the right of withdrawal

To exercise his right of withdrawal, the User must provide the Provider with an unambiguous declaration stating his decision to withdraw.

For this purpose, Users may use the model withdrawal form available in the "Definitions" section of this document. However, Users are free to express their decision to withdraw by means of an unambiguous statement in any other appropriate way. In order to meet the deadline for exercising this right, the User must send the withdrawal notice before the withdrawal period has expired.

When does the cancellation period expire?

When purchasing a service, the cancellation period ends 14 days after conclusion of the contract, unless the user has waived the right of cancellation.
When purchasing digital content that is not provided on a physical storage medium, the withdrawal period ends 14 days after the day on which the contract is concluded, unless the user has waived the right of withdrawal.
Effects of revocation
Users who properly withdraw from a contract will be reimbursed for all payments made to the provider, including delivery costs, if applicable.

However, the provider is not obliged to reimburse additional costs if the user has opted for a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider will make the refund using the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.

…for service contracts

If a user exercises the right of withdrawal after having requested the performance of the service before the expiry of the withdrawal period, he must pay the provider an amount that corresponds proportionately to the part of the service provided.

This amount is calculated on the basis of the economic value of the service and corresponds proportionately to what has been provided up to the time of withdrawal in comparison to the total scope of the contractually agreed services.

Liability and compensation

Unless expressly stated otherwise or agreed with the users, the provider's liability for damages in connection with the execution of the contract is excluded, limited and/or restricted to the extent permitted by applicable law.

Compensation

To the extent permitted by applicable law, the user agrees to indemnify and hold the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from any claims or demands made by third parties - including, but not limited to, attorneys' fees and costs - arising out of or in connection with a culpable violation of these Terms and Conditions, the rights of third parties or statutory provisions in connection with the use of the service by the user or his assistants, officers, directors, agents, co-branders, partners and employees.

The foregoing also applies to any claims made by third parties (including but not limited to the Owner's clients or customers) against the Owner in connection with the digital products provided by the User, such as claims for defects.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable legal provisions, Users have no right to compensation for damages against the Provider (or any natural or legal person acting on his behalf).

This does not apply to damage to life, health or physical integrity as well as damage due to the violation of essential contractual obligations, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that this website has been used properly and correctly by the user.

Unless damage was caused intentionally or through gross negligence or affects life, health or physical integrity, the provider is only liable to the extent of the damage that was typical and foreseeable at the time the contract was concluded.

Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees make no warranty that the content is reliable, accurate or correct; that the service will meet users' expectations; that the service will be uninterrupted or reliably available at any particular time or location; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk. Users are solely responsible for any damage to users' computer system or mobile device or loss of data that results from such download or user's use of the service.

The provider does not warrant or assume responsibility for any products or services advertised or offered by third parties through the service or any hyperlinked website or service, nor does it endorse such products or services. The provider does not mediate or monitor transactions between users and third-party providers of products or services.

The service may become inaccessible or may not function properly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This agreement gives users specific legal rights, and users may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability set out in the agreement are ineffective where prohibited by applicable law.

Limitation of liability

To the extent permitted by law, in no event shall the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising in connection with the Service or its unavailability; and

any damages or losses resulting from hacking, tampering or other unauthorized access or use of the Service or the User Account, as well as the information contained therein;
any errors, mistakes or inaccuracies in the content;
Personal injury or property damage of any kind resulting from the User's access to or use of the Service;
any unauthorized access to the Provider’s backup servers and/or the personal information stored therein;
any interruption or cessation of transmission to or through the Service;
any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
any errors or omissions in content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
the defamatory, offensive or illegal conduct of a user or a third party. Any liability of the Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, income, liabilities, obligations, damages, losses or costs shall be limited to the amount paid by the User to the Provider under this Agreement in the preceding 12 months or, if less, over the entire term of this Agreement between the Provider and the User.

This limitation of liability applies to the maximum extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the user has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations of liability in the Terms are ineffective where prohibited by applicable law.

Compensation

The user agrees to indemnify and hold the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal costs and expenses, arising from

the User's access to and use of the Service, including all data or content transmitted or received by the User;
the breach of these Terms and Conditions by the User, including but not limited to the breach by the User of any of the representations and warranties contained in these Terms and Conditions;
the violation of third party rights by the user, including but not limited to personal rights or intellectual property rights;
the violation of any laws, rules or regulations by the user;
any content transmitted from the User Account, including in the event of access by third parties using the User's user name, password or other security measures - if any - and including misleading, false or inaccurate information;
the alleged misconduct of the user; or
the violation of any legal provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common provisions
No waiver
Failure of the Provider to exercise any right under these Terms or to enforce any provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. The provider will inform users accordingly.

Within the framework of the statutory provisions, the provider can also suspend or terminate the service entirely. In the event of discontinuation of the service, the provider will give users the opportunity to save personal data or information in accordance with the applicable law and will take into account any claims of the users for continued use and/or compensation under the applicable law.

In addition, the Service may be unavailable for reasons beyond the control of the Provider (so-called “force majeure” reasons) (e.g. infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in any way without the express prior written permission of the Provider, granted either directly or through a legitimate reseller program.

Data protection

To learn more about the use of their Personal Data, Users may consult the Privacy Policy of the Service (this Website).

Intellectual property rights

Without prejudice to any more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Service (this Website) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, names or design marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Website) are and remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable laws or international treaties relating to intellectual property.

Changes to these Terms and Conditions

The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will inform the user appropriately about these changes.

Such changes shall only apply to the contractual relationship from the date communicated to the user.

By continuing to use the service, the user accepts the amended terms and conditions. If users do not wish to be bound by the changes, they must stop using the service and can terminate the contract.

If the revised terms are not accepted, either party may terminate the contract. The previous version of the Terms and Conditions in effect at the time applies to the relationship prior to the user's acceptance of the changes. The user can obtain any previous version of the Terms and Conditions from the provider.

If required by law, the provider will inform users in advance about the entry into force of the amended conditions.

Assignment

The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace by novation or pass on all rights and obligations arising from these terms and conditions.
The provisions regarding changes to the General Terms and Conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written permission of the Provider.

contacts

All communications related to the use of the service (this website) must be sent to the contact details indicated in this document.

Severability clause
If any provision of these Terms and Conditions is or becomes invalid or unenforceable under applicable law, this will not affect the validity of the remaining provisions, which will remain in full force and effect.

EU users

Should any provision of these Terms and Conditions be or be deemed to be ineffective, or invalid or be deemed to be unenforceable, the parties shall use their best endeavours to amicably reach an agreement on valid and enforceable provisions to replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permitted or provided for under the applicable law.

Without prejudice to the foregoing, the nullity, invalidity or unenforceability of individual provisions of these Terms and Conditions shall not result in the nullity of the entire agreement, unless they are essential contractual provisions or provisions of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining conditions would result in unreasonable hardship for one of the parties, the nullity of the individual provision shall result in the nullity of the entire agreement.

Applicable law

These Terms and Conditions are governed by the laws of the place where the provider is based, excluding conflict of law provisions. Users can find information about the registered office in the relevant section of this document.

Primacy of national law

However, if the law of the country in which the user is located provides for a higher standard of consumer protection, that higher standard shall apply.

Jurisdiction

The courts of the place where the Provider is based – as indicated in this document – ​​shall have exclusive jurisdiction for all disputes arising from or in connection with these Terms and Conditions.

Exception for European consumers
This does not apply to users acting as European consumers, nor to users in the United Kingdom, Switzerland, Norway or Iceland acting as consumers.

Dispute resolution

Amicable dispute settlement
Users may address any disputes to the provider, who will attempt to resolve them amicably.

The User's right to take legal action remains unaffected at all times. However, in case of any dispute related to the use of the Service (this Website) or the Service, the User is requested to contact the Owner using the contact details provided in this document.

The User may send the complaint, including a brief description and, where applicable, details of the related order, purchase or account, to the e-mail address indicated in the Owner's document.

The provider will process the request promptly within 7 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution, which offers an out-of-court procedure for resolving disputes relating to online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be reached via the following link.

This website (or this application)

The application through which the provision of the service is enabled.

agreement

Any legally binding or contractual relationship between provider and user governed by these terms and conditions.

Business users

Any user who does not act as a consumer.

coupon

Any code or voucher in printed or electronic form that allows the user to purchase the product at a reduced price.

Digital product

is a product that consists of:

Content created and provided in digital form; and/or a service that enables the creation, processing, storage or access to data in digital form or the sharing of or any interaction with digital data uploaded or created either by the User or by another User of this Website.
European (or Europe) Applies to users residing in the EU, regardless of their nationality.

Example cancellation form

At:

Berkenbusch & Schmadtke GbR
Bergiusstr. 4
46244 Bottrop
Germany

info@floow-media.de

I/We hereby notify that I/we withdraw from my/our contract for the purchase of the following goods/for the provision of the following service:

_____________________________________________ (Description of the goods/services that are the subject of the withdrawal)

Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of consumer(s):_____________________________________________
Address of the consumer(s):_____________________________________________
Date: _____________________________________________
(Signature if this form is submitted in paper form)

Provider (or We) means the natural or legal person(s) who makes this Website and/or Service available to Users.

product

A good or service offered for sale through this Website, such as physical goods, digital files, software, booking services, etc.

The offer of products may be part of the service defined above.

service

The service provided by this Website as described in these Terms and Conditions and on the Service (this Website).

Conditions

All terms and conditions applicable to the use of the Service as described in this document and/or this Website, including any related documents or agreements, as amended from time to time.

User (or you)
Is any natural or legal person who uses this website.

consumer
Consumers are users who are considered as such under applicable law.

Definitions and legal notices
Last updated: October 28, 2023

iubenda hosts this content and collects only the Personal Data strictly necessary for it to be provided.