Terms for AI scans

1.Scope and provider

1.1  These terms apply to the purchase of AI scan packs in the MukiBasar app (app.mukibasar.de) by users, including users acting as consumers within the meaning of Section 13 of the German Civil Code (BGB).

1.2  The provider is Martin Januschke (sole trader, trading as “MukiBasar”), Josef-Karl-Str. 3, 92421 Schwandorf, Germany, email: info@mukibasar.de (hereinafter “provider”).

1.3  The rest of the platform is governed by the general terms and conditions and the privacy notice for sellers. Clause 1.2 of the general terms (exclusion of consumers) does not apply to the purchase of AI scan packs.

1.4  The language of the contract is German.

2.Service

2.1  An AI scan automatically analyses a photo of an article and suggests details such as category, name, brand, size and colour, as well as a price. Each scan uses one scan credit.

2.2  The suggestions are produced by an AI system and may be wrong or incomplete. The user checks them before saving and remains responsible for the details of their articles. Price suggestions are not binding.

2.3  A scan that returns no result because of a technical error is credited back.

2.4  The provider may change the AI services it uses as long as the scope of the service under clause 2.1 is maintained.

3.Conclusion of contract, prices, payment

3.1  The presentation of the packs in the app is not a binding offer. By clicking the payment button on the checkout page, the user makes a binding offer. The contract is concluded once the payment has been completed successfully.

3.2  The prices shown in the app and on the checkout page before the purchase apply. All prices are final prices including VAT. These are one-off purchases, not a subscription.

3.3  Payment is processed by the payment service provider Stripe Payments Europe, Ltd. The payment methods shown on the checkout page are available.

3.4  The provider confirms the contract, including its content, the price and any waiver given (clause 5), by email. Stripe sends the payment receipt.

4.Scan credits

4.1  Purchased credits are added to the account immediately after successful payment.

4.2  Purchased credits do not expire. They are tied to the account, cannot be transferred and are not paid out in money.

4.3  Free scans that the provider credits, for example for a confirmed bazaar registration, are a voluntary benefit. There is no entitlement to them.

4.4  If a payment is refunded, charged back or disputed, the provider deducts the credits added for it, at most down to zero. Scans already carried out are not affected.

4.5  If the user deletes their account, any remaining credits lapse.

5.Right of withdrawal

Consumers have a right of withdrawal as follows:

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 day the contract is concluded.

To exercise your right of withdrawal, you must inform me (Martin Januschke, MukiBasar, Josef-Karl-Str. 3, 92421 Schwandorf, Germany, email: info@mukibasar.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. an email). You may use the model withdrawal form, but it is not mandatory.

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

Effects of withdrawal

If you withdraw from this contract, I shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which I am informed about your decision to withdraw from this contract. I will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Early expiry of the right of withdrawal

Your right of withdrawal expires once I have begun performing the contract after you have expressly agreed that I begin performance before the withdrawal period expires, you have confirmed your knowledge that by giving this consent you lose your right of withdrawal once performance begins, and I have provided you with a confirmation of the contract on a durable medium (Section 356 (5) BGB). Performance begins when the scan credits are added, immediately after payment.

6.Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To Martin Januschke, MukiBasar, Josef-Karl-Str. 3, 92421 Schwandorf, Germany, email: info@mukibasar.de:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

7.Warranty, liability, data protection, final provisions

7.1  The statutory warranty rights for digital products apply (Sections 327 et seq. BGB).

7.2  The provider is liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act. For slight negligence, it is liable only for breaches of essential contractual obligations, limited to the foreseeable damage typical for the contract.

7.3  For a scan, the photo is transmitted to an AI service provider and analysed there. Details are in the privacy policy.

7.4  German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.

7.5  The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.