General Terms and Conditions (GTC)
Talent Source – Niclaas Löber
Brenzstraße 18A, D-15831 Blankenfelde-Mahlow
Provider, contractual partner
Talent Source – Niclaas Löber is the provider of all services in the online shop.
The contract is concluded exclusively between Talent Source and the customer.
Talent Source is responsible for providing the services offered in the shop.
§ 1 Scope of application, contract language
These GTC apply to all orders placed via the online shop of Talent Source – Niclaas Löber (‘Talent Source’)
by consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
Deviating terms and conditions of the customer shall not be recognised unless Talent Source expressly agrees to their validity in writing.
The contract language is German.
§ 2 Services and types of services
Talent Source offers services related to job applications, e.g. creation and optimisation of CVs, cover letters, layout/design, as well as optional printing, packaging in application folders and postal delivery to recipients (‘Services’).
Services may include digital content (Section 327 (2) BGB) and individual services tailored to personal needs.
The specific scope of services is set out in the respective product description in the shop.
Unless expressly agreed otherwise, these are services within the meaning of a service contract (Sections 611 et seq. BGB).
A specific result (e.g. invitation to an interview or employment) is not guaranteed.
§ 3 Conclusion of contract
The presentation of the products in the shop constitutes a binding offer by Talent Source.
By completing the order process (clicking on the order button), the customer accepts the offer and a contract is concluded.
Immediately after placing the order, the customer receives an order confirmation by email (permanent data carrier).
Before concluding the contract, the customer is clearly informed that placing the order triggers the obligation to pay.
§ 4 Prices, VAT, payment, default
All prices are final prices including statutory VAT.
Payment shall be made exclusively via the payment services offered in the shop (currently PayPal and Stripe).
The price is due upon conclusion of the contract; Talent Source shall only commence performance after confirmation of payment.
If the customer defaults on payment, the statutory rules apply; 5 percentage points above the base interest rate (§ 288 BGB) plus flat-rate reminder fees for consumers and 9 percentage points above the base interest rate for businesses.
Unauthorised chargebacks: If the customer initiates a chargeback without legal grounds, they shall reimburse the resulting fees and expenses. Talent Source is entitled to block access to services until the matter has been clarified.
§ 5 Customer's obligations to cooperate
The customer shall provide all information and documents necessary for the provision of services in a complete, truthful and usable form
(e.g. CV, references, job/industry preferences, salary expectations, deadlines).
The customer assures that the content provided is free of third-party rights and does not infringe any property rights. They indemnify Talent Source against any third-party claims resulting from a legal infringement.
If the customer delays their cooperation (e.g. missing documents/feedback), the deadlines shall be extended accordingly. Talent Source may charge separately for additional work due to late or incomplete information.
§ 6 Service provision, corrections, delivery times
Processing begins after receipt of payment and receipt of the necessary information (§ 5).
Delivery and processing times are specified in the product description and are non-binding unless expressly agreed as ‘fixed’.
Talent Source reserves the right to make standard deviations in paper, folders or materials for printing and shipping,
provided that the overall character is not impaired.
Partial services are permissible insofar as they are reasonable for the customer
§ 7 Legal nature of the service, exclusion of success
Unless expressly agreed otherwise, these are services within the meaning of a service contract (§§ 611 ff. BGB).
A specific success (e.g. invitation to interviews or recruitment) is not owed.
Information, templates and recommendations from Talent Source do not replace legal advice.
§ 8 Right of withdrawal, expiry of the right of withdrawal
Individualised services: There is no right of withdrawal for contracts for the delivery of goods/services that are not prefabricated and for the creation of which an individual selection or personal adaptation is decisive (§ 312g para. 2 no. 1 BGB).
Digital content (not on a physical data carrier): The right of withdrawal expires if Talent Source has begun execution with the
express consent of the customer (Section 356 (5) BGB).
Note on the consent process:
Directly below the ‘Add to basket’ button, there is a reference to the right of withdrawal, terms and conditions, and data protection.
By clicking on ‘Add to basket’ and completing the order, I expressly agree that Talent Source may immediately begin processing my individually created application documents. I am aware that my right of withdrawal expires once processing has begun.
§ 9 Warranty/notification of defects
The statutory warranty rights apply to components of the work (e.g. printing).
Obvious defects must be reported in writing within a reasonable period of time after receipt; later complaints are excluded.
§ 10 Rights of use, references
Transfer, sale or use for third parties is prohibited. Templates remain the intellectual property of Talent Source.
Use as an anonymised reference is only permitted with the prior consent of the customer.
§ 11 Liability
Talent Source does not guarantee any specific outcome, in particular the successful placement of a job. There is no entitlement to employment, salary payment or other economic benefits.
Talent Source is liable without limitation for damages resulting from injury to life, limb or health, as well as in cases of intent and gross negligence.
In cases of simple negligence, Talent Source shall only be liable for breaches of essential contractual obligations (cardinal obligations) and
limited to foreseeable, typical damages.
Liability for indirect damages, consequential damages or lost profits – in particular for loss of earnings on the part of the customer as a result of unsuccessful applications or recruitment – is excluded.
Liability under the Product Liability Act remains unaffected.
§ 12 Retention of title, rights of retention
Until full payment has been made, delivered physical components (e.g. printed portfolios) remain the property of Talent Source.
In the event of default in payment, Talent Source is entitled to withhold services, block access and demand reimbursement of collection/legal fees.
§ 13 Force majeure
Events of force majeure (e.g. printing/logistics failures, power/network failures, strikes) release Talent Source from its obligation to perform
for the duration of the disruption.
Fees already paid will not be refunded; deadlines will be extended appropriately.
§ 14 Alternative dispute resolution
Talent Source is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
The EU Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr
§ 15 Amendments to the General Terms and Conditions
Talent Source may amend the General Terms and Conditions with future effect if justified interests so require and the amendments are reasonable for the customer.
Significant amendments shall be communicated in writing in good time.
§ 16 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Talent Source.
Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.