Terms and Conditions

PepperPapers is an offer from PepperPapers Limited.

1. scope of application

1.1 Scope of application

PepperPapers Limited (hereinafter: PepperPapers) provides a platform for the research, creation and acquisition of high-quality legal content (hereinafter: PepperPapers) at https://pepperpapers.de. These General Terms and Conditions (hereinafter: GTC) apply to all services provided by PepperPapers on or via PepperPapers, including the related declarations, unless otherwise agreed in accordance with these GTC.

1.2 Preparation of legal documents

The PepperPapers service supports customers in the independent creation of their legal documents by means of a software-supported interview process reviewed by legal experts. In principle, this process is designed in such a way that the application does not require any special legal knowledge. However, an automated interview process cannot capture every single issue with specific characteristics. The customer is therefore obliged to check the legal documents created with regard to their intended use, in particular for plausibility. Should a legal examination be necessary in a specific individual case, we recommend seeking legal advice.

2. conclusion of contract

2.1 PepperPapers basic services

In order to use certain PepperPapers services free of charge, the customer must register for PepperPapers at www.pepperpapers.de. PepperPapers will send the customer an e-mail with a confirmation link upon registration. Upon activation of this link by the customer, the contract for the use of the free PepperPapers basic services is concluded between PepperPapers and the customer.

2.2 PepperPapers services subject to a charge

The contract for the use of chargeable PepperPapers services is concluded when the customer orders them at www.pepperpapers.de and PepperPapers then activates the product or makes it available for download.

2.3 Storage of the contract text

PepperPapers stores the customer’s order and registration data. The customer receives the order or registration confirmation with all the data provided by e-mail.

3. revocation instructions for contracts for the delivery of digital content

3.1 Cancellation policy

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

3.2 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us, PepperPapers Limited, 77 Camden Street Lower, Dublin, D02 XE80 Dublin 2, Ireland, E-Mail: support@pepperpapers.de of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

3.3 Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

3.4 Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer. The right of revocation expires prematurely if we have only started to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you lose your right of revocation when we start to fulfill the contract. We would like to point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

End of the withdrawal policy

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

  • To PEPPERPAPERS LIMITED, 77 Camden Street Lower, Dublin, D02 XE80 Dublin 2, Ireland, e-mail: support@pepperpapers.de
  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*) / received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for notification on paper)
  • Date _______________

(*) Delete as appropriate.

4 PepperPapers services

PepperPapers Limited offers the following services:

4.1 PepperPapers basic services

The PepperPapers basic services extend the content accessible to non-registered users via the PepperPapers portal with additional services (e.g. certain content of the PepperPapers legal tips).

4.2 PepperPapers “Downloads

The area under “Downloads” allows the customer to manage documents, in particular to save, delete and download the legal documents created over the entire term of the contract. The customer can receive document-related notifications or recommendations (e.g. in the event of a change in the legal situation). Notifications and recommendations do not claim to be complete and serve only as a working aid; the customer remains obliged to check any deadlines in particular.

4.3 PepperPapers legal tips

The PepperPapers legal tips allow the customer to access specialist legal content for information purposes.

5. access / availability / IT requirements

5.1 Access

The customer receives access to PepperPapers upon conclusion of the contract in accordance with section 2. Each account may only be used by the customer to whom the account was assigned. The customer must keep the account data secret and take appropriate precautions to protect it from access by third parties. PepperPapers reserves the right to block access in the event of non-compliance.

5.2 Availability

PepperPapers makes PepperPapers.de available to the customer 24 hours/day and 365 days/year 99% of the year on average, but excluding maintenance work. As far as possible, PepperPapers will inform the customer about planned maintenance work in good time. Such maintenance work takes place between 10 p.m. and 5 a.m. in particular.

5.3 IT requirements

To view/download the electronic content, a suitable end device and access to the Internet are required.

6. rights of use

PepperPapers grants the customer a simple, non-exclusive right to use PepperPapers within the scope of his commercial, self-employed, non-independent or scientific activity for his own use for the term of the contract. The customer may only use content that he has retrieved or downloaded from PepperPapers for his own use in the context of his commercial, independent, non-independent or scientific activity. The customer is permitted to download/print individual passages or chapters of the content and use them permanently beyond the term of the contract; the same applies to the legal documents produced. Any use beyond this, in particular the systematic transfer and/or sale of content or legal documents to third parties, is excluded.

7. changes in performance

7.1 Service updates and enhancements

PepperPapers is entitled to update and expand legal documents, content and functions at any time in order to ensure their high quality standard on an ongoing basis.

7.2 Exchange of services and restrictions

PepperPapers is entitled to reasonably exchange or restrict legal documents, content and functions if the exchange or restriction is necessary for PepperPapers and reasonable taking into account the interests of the customer. This is particularly the case if

  • the license right on which the service is based has lapsed and this was not foreseeable for PepperPapers when the contract was concluded; or
  • the removal of specialized content is absolutely necessary for technical reasons.

If an exchange or restriction significantly restricts the customer in the use of content, legal documents and functions and the customer is therefore no longer interested in the service, the customer may terminate the contract for the affected service without notice; the termination must be declared within two weeks of the change occurring.

8. support

PepperPapers is maintained during the entire term of the contract and will generally correct any errors by means of updates and bug fixes. The customer has access to e-mail support for all technical and application-related questions at

support@pepperpapers.de

from Monday to Friday from 9:00 to 18:00. National holidays are excluded.

9. prices, invoicing, due date, method of payment, offsetting and right of retention

9.1 Price level, invoicing

The prices for PepperPapers services are based on the prices valid at the time the contract is concluded. All prices are in Euro including VAT (if applicable). PepperPapers is entitled to send the invoice by e-mail. For this purpose, the customer must provide his current e-mail address when placing the order and ensure that the receipt of e-mails is not prevented by technical blocks (spam filters).

9.2 Due date, method of payment

Unless otherwise agreed, invoices from PepperPapers are due before access is granted or downloaded and are to be paid net without any deduction before access is granted or downloading takes place after receipt of the invoice. The customer agrees that the invoice will be sent by e-mail. The customer guarantees to ensure that the account is covered. In the case of fixed-term contracts, the invoice is due at the beginning of the respective contract term, unless otherwise agreed.

PepperPapers is entitled to deliver to the customer against prepayment. The same shall apply in the event of repeated and/or continuous default in payment. If, after conclusion of the contract, it becomes apparent that PepperPapers’ claim to consideration is jeopardized by the customer’s inability to pay, PepperPapers may refuse to perform its obligations until the customer has paid the consideration or provided security for it. PepperPapers may determine a reasonable period of time within which the customer shall, at his discretion, either effect counter-performance or provide security. PepperPapers is entitled to withdraw from the contract after expiry of the deadline.

9.3 Offsetting, right of retention

Offsetting by the customer is excluded unless the counterclaim has been legally established, is ready for decision or is undisputed or includes a claim for compensation due to the costs of remedying defects arising from the same contractual relationship. The customer may only assert a right of retention against claims of PepperPapers, if he is an entrepreneur, insofar as it is based on undisputed, ready for decision or legally established claims from the same contractual relationship or concerns a claim for rectification of defects from the same contractual relationship.

10. warranty

The warranty for defects is governed by the law, modified in accordance with the following provisions:

10.1 Warranty

PepperPapers will maintain and update PepperPapers with the care customary in publishing. PepperPapers assumes no liability for the correctness, completeness and accuracy of the content, legal documents and other services. None of the PepperPapers services replace a legal service within the meaning of the German Legal Services Act (RDG). The contents and legal documents are governed exclusively by the laws of the Federal Republic of Germany.

10.2 Warranty period

The warranty period for entrepreneurs is 12 months from provision of the service, unless the defect was fraudulently concealed or relates to a guarantee of quality.

10.3 Claims for damages

The customer shall only be entitled to claims for damages due to defects insofar as the liability of PepperPapers is not excluded or limited in accordance with the following provision.

11. liability

11.1 Liability

PepperPapers shall be liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of an obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the customer could rely (hereinafter: cardinal obligation), liability is limited to foreseeable, contract-typical damages.

11.2 Exclusion of liability for slight negligence

PepperPapers shall not be liable for slightly negligent breach of secondary obligations that are not cardinal obligations.

11.3 Exclusion of liability in the event of initial impossibility

In cases of initial impossibility, PepperPapers shall only be liable if it was aware of the impediment to performance or if the lack of knowledge is due to gross negligence, provided that no cardinal obligation is affected.

11.4 Limitations of the exclusion of liability

The above exclusions of liability shall not apply in the event of fraudulent concealment of defects or the assumption of a guarantee or a procurement risk, for liability for claims based on the Product Liability Act or for physical injury (life, body, health). This does not imply a change in the burden of proof to the detriment of the customer.

11.5 Liability of representatives and vicarious agents

Insofar as the liability of PepperPapers is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives and vicarious agents.

11.6 Statute of limitations

With the exception of claims in tort, the customer’s claims for damages for which liability is limited under this clause shall become time-barred three years after the start of the statutory limitation period.

12. data protection

If the user wishes to use or store personal data, PepperPapers offers the user the conclusion of an agreement for commissioned data processing. For this purpose, please contact us at support@pepperpapers.de.

13. contract term / termination / legal consequences

13.1 Contract term

Contracts for the use of PepperPapers services via download have a fixed term of 3 days at the customer’s discretion upon conclusion of the contract, unless otherwise agreed. Contracts for the use of PepperPapers-Pro services by subscription have a minimum term of 1 year.

The contract is not automatically extended.

13.2 Termination for good cause

The right to terminate the contract without notice for good cause remains unaffected. Section 7.2 sentence 3 clause 2 remains unaffected.

13.3 Partial terminations

Partial terminations, i.e. terminations of individual PepperPapers services, are permitted.

13.4 Form

Terminations must be made in text form.

13.5 Legal consequences

The terminated PepperPapers services are no longer available to the customer. The customer shall ensure that any legal documents and/or other data acquired by him are stored elsewhere beforehand. The customer can request the deletion of his data in writing at any time.

14. alternative dispute resolution (online dispute resolution and consumer arbitration board)

The European Commission has set up a platform for online dispute resolution, which can be accessed at the following link: www.ec.europa.eu/consumers/odr.

PepperPapers is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15 Applicable law / Place of performance / Place of jurisdiction / Severability clause / Contract amendments / Amendments to the GTC

15.1 Applicable law

If the customer is a merchant, all legal disputes arising from or in connection with PepperPapers services shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

15.2 Place of fulfillment

The place of performance for all obligations of the contractual partners is – if the customer is a merchant – the registered office of PepperPapers.

15.3 Place of jurisdiction

The exclusive place of jurisdiction is the registered office of PepperPapers if the customer is a merchant or does not reside in an EU member state. In such cases, PepperPapers shall also be entitled to bring an action before any other competent court.

15.4 Severability clause

Should individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid.

(Status: March 2023)

EN