General Terms and Conditions

These General Terms and Conditions apply to all contracts between Jan Louis Hillbrand, trading as “TapTex”, Diebrocker Str. 214, 32051 Herford, Germany — hereinafter “TapTex”, “we” or “us” — and consumers within the meaning of § 13 BGB concerning the purchase of personalised TapTex signs including the associated digital TapTex basic functions, as well as the purchase of additional accesses to an existing TapTex system.

The version of these General Terms and Conditions that applies is the one available at taptex.cloud/agb at the time of the respective order.

These General Terms and Conditions apply to contracts with consumers. Separate terms may be agreed for contracts with businesses.

TapTex offers signs manufactured individually to customer specifications together with associated digital functions. Depending on the product selected, the TapTex functions may in particular enable: digital doorbell requests; messages from visitors; parcel and delivery requests; information about parcel drop-off locations; and assignment to one or more households or accesses.

A TapTex sign is offered as a single product including a first TapTex access. The first access is part of the purchase of the sign and is neither concluded as a separate contract nor charged separately.

Where the TapTex sign cannot perform its agreed functions without the associated digital functions, the statutory provisions on goods with digital elements apply.

The TapTex basic functions agreed at the time the contract is concluded are included in the purchase price. No recurring usage fees are charged for these basic functions. No mandatory monthly or annual subscription is concluded at the time the contract is concluded.

TapTex signs are manufactured only after the order has been completed, in accordance with the details selected by the customer. Possible personalisation features include in particular: the type of sign; material and finish; format; type of mounting; corner radius; name; address; apartment, household or party designation; and further design options offered during the order process.

Where a preview is shown during the order process, it serves to check the data entered or selected by the customer. The customer is obliged to check all personalisation details carefully before completing the order.

If a sign is manufactured in accordance with the details confirmed by the customer, an error based exclusively on incorrect entry or selection by the customer does not, as a rule, constitute a defect. Statutory rights in respect of defects remain unaffected.

One first access is included in the purchase price of a TapTex sign. If further households, apartments or users are to use the existing TapTex system with their own access, additional accesses can be purchased. For each additional access, the one-off price displayed at the time of the respective order applies.

When an additional access is purchased, no further physical sign is delivered. The additional access is added digitally to the existing TapTex system and can then be assigned to a further household or user by means of the functions provided.

Additional accesses can be purchased either in connection with the purchase of a sign or later via the TapTex dashboard. No recurring usage fees arise for additional accesses unless expressly agreed otherwise in the respective offer.

All prices stated during the order process are final prices in euros. Under § 19 of the German VAT Act (small-business rule) no VAT is shown separately. The total price displayed immediately before the respective order is completed is always the decisive one.

Depending on order quantity, product combination, product configuration, promotion or individual agreement, TapTex may grant volume discounts, package prices or special prices. There is a claim to a particular volume discount, package price or special price only if it was expressly displayed before the contract was concluded or individually agreed.

If several personalised signs are ordered as part of a joint offer, the total price owed follows from the respective order summary or from the offer accepted; a package price is shown as a single line item in the order summary and on the invoice. A volume discount or package price granted does not change the fact that the personalised signs ordered are manufactured individually in accordance with the customer’s specifications.

Subsequent price changes, promotions or discounts do not give rise to any claim to a subsequent adjustment of contracts already concluded. Unless separate shipping costs are displayed for the selected delivery country, TapTex does not charge any additional shipping costs.

The presentation of our products and prices on the TapTex website or in the TapTex dashboard does not, as a rule, constitute a legally binding offer, but an invitation to the customer to place an order. Before completing the order, the customer can check the details entered and correct them within the order process provided.

By pressing the final order button, the customer submits a binding offer to conclude the contract displayed. The contract is concluded as soon as payment has been successfully confirmed by the payment service provider used and the successful completion of the order is confirmed by TapTex. The technical ordering and payment process actually used is decisive for the time at which the contract is concluded.

The language of the contract is German. Translations serve comprehension only; the German version prevails. Within the statutory period, TapTex provides the customer with a confirmation of the contract containing the essential contractual information on a durable medium. These General Terms and Conditions can be retrieved and saved at taptex.cloud/agb.

Payment is made using the payment methods offered during the order process, in particular via the payment service provider Stripe. The total price owed in each case is displayed immediately before the order is placed.

The TapTex signs and additional accesses currently offered are, as a rule, one-off payments. There is no mandatory subscription. No recurring usage fees are charged for the TapTex basic functions agreed at the time of purchase.

Personalised TapTex signs are manufactured individually after a successful order and then shipped to the delivery address provided by the customer. The respective delivery time is displayed during the order process. Unless stated otherwise, the expected delivery time is usually about two to three weeks from successful payment.

In the event of exceptionally high order volumes, supply shortages or circumstances outside our immediate control, delays may occur. The customer’s statutory rights in the event of late delivery remain unaffected. The goods delivered remain our property until payment has been made in full.

When an additional access is purchased, no further physical product is delivered. After successful payment, the additional access is generally added digitally to the existing TapTex system.

For deliveries to countries outside the European Union, in particular to Switzerland, additional import duties, taxes, customs charges, handling fees or other charges may be levied by authorities, postal operators or carriers.

These external costs are not charged by TapTex and are not part of the purchase price stated by TapTex, unless stated otherwise during the order process. Such external costs are to be borne by the customer.

The functions expressly agreed as part of the respective TapTex product at the time the contract is concluded are included in the purchase price. No recurring usage fees arise for these basic functions. The specific scope of functions follows from the product description applicable at the time the contract is concluded and from the respective order process.

TapTex does not promise unlimited technical availability of all services and gives no guarantee that the service can be operated “forever”, “for life” or for an unlimited time. TapTex’s statutory obligations regarding provision, conformity with the contract, updates and warranty remain unaffected.

There is no assurance that all TapTex functions newly developed in the future will automatically become part of a contract already concluded.

TapTex provides updates, including security updates, insofar as and for as long as this is required under the applicable statutory provisions. The customer is informed about necessary updates in the manner provided for by law.

Where action by the customer is necessary in order to use an update, in particular the use of a current application, a current browser or operating system, the customer must enable or carry out properly provided and announced updates to a reasonable extent.

The customer’s statutory rights in connection with digital products and goods with digital elements remain unaffected.

Certain technical requirements must be met in order to use the digital TapTex functions.

Visitors. In order for visitors to use a TapTex sign, the following are generally required: a compatible NFC-capable smartphone or other NFC device; an internet connection; and a supported, current web browser.

Tapping the TapTex sign opens a web page. Visitors generally do not need their own TapTex account and do not have to install a TapTex app. Unless an alternative means of access is provided for the respective product, the TapTex sign cannot be opened via NFC without an NFC-capable device.

Residents or users. In order to use a TapTex access, the following are generally required: a TapTex account; a compatible device; an internet connection; and a supported, current web browser.

Notifications may require additional permissions or settings in the browser or operating system. If notifications are not enabled or not supported, other TapTex functions can generally still be used; events can in particular be viewed in the TapTex dashboard. With certain operating systems, additional technical steps may be necessary to enable web or push notifications.

Unless expressly offered, there is no interface to existing door intercom systems, smart home systems or parcel services.

TapTex endeavours to keep the digital functions as available as possible. Completely uninterrupted availability at all times cannot be technically assured. Temporary restrictions may arise in particular from: maintenance work; security measures; technical faults; failures or restrictions of internet or mobile connections; disruptions at hosting, push, email or other technical service providers; changes to external interfaces; cyberattacks or other security incidents; and force majeure.

The successful delivery of individual doorbell, message or parcel notifications may depend in particular on internet connections, device settings, browser or operating system functions and third-party services. The customer’s statutory warranty rights, rights to damages and other rights remain unaffected.

TapTex may change and further develop digital functions to the extent permitted by law. Where a change goes beyond the measures necessary to maintain conformity with the contract, it is made only if there is a valid reason for it and the statutory requirements are met. Valid reasons may include in particular: security requirements; prevention of misuse or fraud; technical further development; changes to operating systems or browsers; changes to technical interfaces or external services; legal or official requirements; remedying technical vulnerabilities; and measures to maintain stability and functionality.

The customer incurs no additional costs for services already owed under the contract solely as a result of such a change. Where required by law, the customer will be informed clearly and comprehensibly about forthcoming changes.

If a change impairs access to the digital product or its usability more than only insignificantly, we will inform the customer within a reasonable period before the time of the change, on a durable medium, about the features and the time of the change and about their rights.

In that case the customer may terminate the contract free of charge within 30 days. The period begins when the information is received or, if the change occurs later, at that time. There is no right of termination if access to the unchanged digital product and its usability remain available to the customer at no additional cost. The customer’s statutory rights remain unaffected.

TapTex may develop new functions or additional services in the future that are not part of the scope of functions agreed at the time the contract was concluded. Such new additional or premium functions may in future be offered for a one-off payment or as part of a voluntary subscription.

A subscription offered later does not automatically become part of a contract already concluded. Basic functions already owed under the contract do not become subject to a charge merely because a later chargeable additional offer is introduced.

TapTex remains entitled to further develop or adapt existing digital functions technically within the statutory requirements set out in section 14. Security updates required by law, updates to maintain conformity with the contract and error corrections owed by law are not treated as chargeable premium functions.

TapTex is not a parcel, transport or storage service provider. TapTex does not carry, accept, store or keep any consignments. The parcel and drop-off functions serve in particular to show a delivery driver the information stored by the customer and to send the customer information about a corresponding event.

In particular, TapTex cannot guarantee that a delivery driver will: use the TapTex sign; take note of stored drop-off information; follow a drop-off instruction shown; actually leave a parcel at the intended place; or that a parcel left there will subsequently remain undamaged or present.

Drop-off permissions, terms of carriage and other agreements between the customer and the respective parcel or delivery service are neither replaced nor altered by TapTex. TapTex assumes no custody of consignments left. TapTex’s statutory liability remains unaffected.

The customer is obliged to: provide accurate details when registering; protect access credentials against unauthorised access; not to pass on access credentials to third parties without authorisation; not to use TapTex for unlawful purposes; and not to misuse the digital functions.

Automated, harassing, manipulative or otherwise abusive doorbell, message or parcel events are prohibited in particular.

Where there are specific indications of unlawful or abusive use, TapTex may take appropriate and proportionate measures to the extent permitted by law. These may include in particular temporary technical restrictions or the blocking of the accesses concerned. The customer’s statutory rights remain unaffected.

The statutory rights in respect of defects apply to the TapTex signs delivered and the associated digital elements. Where special provisions for goods with digital elements apply, these also apply. The statutory limitation periods apply.

Personalisation carried out in accordance with the details confirmed by the customer during the order process does not constitute a defect merely because those details contain a spelling, name or other input error caused by the customer. If, on the other hand, a sign delivered deviates from the order agreed or is delivered damaged, the customer has the statutory rights in respect of defects.

In the event of defects, the customer can contact info@taptex.cloud. This contact option does not limit the customer’s statutory rights. A guarantee going beyond the statutory rights in respect of defects exists only if one has been expressly given.

TapTex is liable without limitation: in cases of intent and gross negligence; for damage arising from injury to life, body or health; under the mandatory provisions of product liability law; and in other cases of mandatory statutory liability.

In the event of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

In all other respects, liability for damage caused by slight negligence is excluded to the extent permitted by law. The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

For TapTex signs manufactured individually to customer specifications there is no statutory right of withdrawal, provided the requirements of § 312g (2) no. 1 BGB are met. TapTex signs are manufactured only on the basis of the order and are personalised in accordance with the customer’s individual selection or personal details.

The first TapTex access included in the purchase price is part of the personalised TapTex sign offered as a single product and is neither charged separately nor concluded as a separate contract. Where, under the applicable statutory provisions, the contract as a whole falls within the exception in § 312g (2) no. 1 BGB, there is no statutory right of withdrawal for the purchase of the personalised sign including the first access contained therein. There is no separate purchase price for the first access.

Statutory rights in respect of defects, warranty rights and other mandatory consumer rights remain entirely unaffected. If a sign is defective, damaged or does not correspond to the order agreed, the customer’s statutory rights apply.

The statutory provisions on the right of withdrawal apply to the subsequent, separate purchase of additional accesses. Where a right of withdrawal exists, the withdrawal period is generally fourteen days. The start, exercise and, where applicable, early expiry of the right of withdrawal are governed by the statutory provisions and by the withdrawal instructions provided in each case.

Where the customer expressly requests that performance begin before the expiry of an existing withdrawal period, the statutory requirements apply. The right of withdrawal expires, or a claim to compensation for value arises, only where the applicable statutory requirements are met.

Further information can be found in the withdrawal instructions at taptex.cloud/widerruf.

Information on the processing of personal data can be found in our privacy policy at taptex.cloud/datenschutz.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board, unless there is a statutory obligation to participate. If you have questions or problems, you can contact us directly at info@taptex.cloud.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer, as a consumer, has their habitual residence in another state, mandatory consumer protection provisions of that state remain unaffected insofar as they take precedence under the applicable statutory provisions.

Should individual provisions of these General Terms and Conditions be or become wholly or partly invalid, the validity of the remaining provisions generally remains unaffected. The applicable statutory provisions take the place of an invalid provision.