Terms and conditions
1.1 These General Terms and Conditions (GTC) apply to all contracts, services and offers concluded by means of distance selling or electronic commerce.
1.2 A consumer as defined by law is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur within the meaning of these General Terms and Conditions of Business is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity. If a company is specified as a customer when the contract is concluded, it shall become our contractual partner as an entrepreneur.
1.3 The operator of the online store (“contractual partner”) is: Sandy Dähnert with registered office in Cologne, Germany. Postal address: Subbelrather Str. 304, 50825 Cologne, Germany.
1.4 The terms and conditions regulate the details of the contract and at the same time contain important information in the legally relevant version. Information on the statutory right of withdrawal can be found below in section 6.
2. Conclusion of Contract, Order Processing, Customer Account
2.1 The presentation of the products offered does not constitute a binding offer by the contractual partner. The offer to conclude a contract is made by the customer by clicking on the order button “Buy now” after completing the order page (“Order”). During the ordering process, the customer has the opportunity to correct the entries made. Before the order process is completed, the customer receives a summary of all order details and has the opportunity to check their information. The customer remains bound to the order for five days, i.e. the contract is binding if the contracting party accepts the customer’s order within this period.
2.2 After sending the order, the contracting party sends an order confirmation by e-mail if the offer is accepted. In the case of acceptance, the contract is binding according to these terms and conditions. As soon as the invoice amount of the order has been fully and properly paid, the Seller shall arrange for the delivery of the product in accordance with the agreed method of dispatch (e-mail link, download).
2.3 The contract shall be concluded in English. The contract text (order confirmation and invoice) is stored by the contracting party in compliance with data protection and sent to the customer by e-mail. If the customer has created a customer account, the text of the contract will be stored in his customer account.
2.4 The seller will contact the customer by e-mail and automated order processing. The customer ensures that the e-mail address entered by him is correct.
3. Prices, shipping conditions
3.1 The prices stated in the online store of the contractual partner at the time of the order shall apply. They are quoted in EURO.
3.2 We deliver according to the conditions and costs listed in our online store. Currently, there is the possibility of free delivery by providing digital goods in electronic form, in particular for downloading, storing and then making visible or already during the download in real time (streaming).
3.3 The digital goods are delivered to the customers in electronic form either as a download or per access link.
4. Terms of payment
4.1 The payment of the price (invoice amount) is made in accordance with the selection options specified by the contractual partner under the heading “Select payment method”.
4.2 The invoice amount is due and payable immediately upon conclusion of the contract.
For this purpose, as well as for further questions on the subject of data protection, you can contact us at any time at the address given in the imprint.
5. Copyright / Rights of use
5.1 Upon conclusion of the contract, the customer is granted the non-exclusive, non-transferable, spatially and temporally unrestricted right of use. The customer does not acquire ownership. A transfer of the content to third parties, as well as a reproduction for third parties is not permitted, unless permission has been granted by the contractual partner.
5.2 For the use of the course materials, workbooks, templates and e-books, the following special provisions apply:
5.2.1 Design templates (“Templates”)
(i) Bought Templates are protected by copyright. The individual templates are copyrighted works (§ 2 UrhG). The Customer is entitled to use the templates to the commercial extent necessary for its needs, in particular it is entitled to reproduce, edit, distribute and publicly reproduce the templates or parts thereof.
(ii) The Customer shall be entitled to download the templates and/or parts thereof or working aids into its working memory for the purpose of processing.
(iii) The Customer undertakes to use the templates only for its own commercial purposes and not to provide third parties with separate access to the templates, either free of charge or against payment. The templates may only be used by one person per license (named user).
5.2.2 E-Workbooks & Online Courses
(i) The content distributed by the contractual partner (e-workbook & online courses) is protected by copyright and is intended exclusively for purchase for personal use as an individual user. The customer undertakes to recognize and comply with the copyrights. The customer may download or stream the purchased e-workbook and the online course to a terminal device of his/her choice and transfer them to up to five different other terminal devices. The customer may save downloaded files on his/her individual end devices. The customer may make the e-workbook visible on the end devices as often as desired. Any further use of the e-workbook is only permitted with the express consent of the contractual partner.
(ii) The transfer, processing, duplication or reproduction, distribution, publication and making available to the public, either in full or in part, regardless of whether in digital form, by remote data transmission or in analog form, is not permitted.
6. Right of revocation and exceptions
6.1 Consumers have a statutory right of revocation when concluding a contract exclusively using means of distance communication, which we inform about in accordance with the legal model below.
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 your right of withdrawal, you must inform us (Sandy Dähnert, Subbelrather Str. 304, 50825 Cologne, Germany, firstname.lastname@example.org) of your decision to withdraw from this contract by means of an unequivocal declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, which is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged for this repayment.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out and return this form).
To: Sandy Dähnert, Subbelrather Str. 304, 50825 Cologne, Germany, email@example.com
Hereby I/we () 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 in case of communication on paper)
(*) Delete as applicable.
6.2 Our goods in the online store may include digital services. Digital services are delivered directly after the order to your e-mail address by providing them in electronic form. The right of withdrawal shall expire in the case of a contract for the delivery by provision of digital content not on a physical data carrier when we have commenced performance of the contract (i.e., in practice, with data transmission) after the customer has expressly consented to our commencing performance of the contract prior to the expiry of the withdrawal period and has confirmed her knowledge that by her consent she waives her right of withdrawal upon commencement of performance of the contract.
7. Liability for defects and damages
7.1 Our liability for defects and damages shall be governed by the statutory provisions, unless otherwise provided below.
7.2 For consumers, the following shall apply: We reserve the right to make changes to the product that go beyond what is necessary to maintain conformity with the contract if there is a good reason for doing so. In such a case, we shall inform the consumer separately.
7.3 In the case of contracts with entrepreneurs, the general limitation period for claims for defects (§ 438 para. 1 no. 3 BGB) shall be one year from the date of provision, unless we are liable in accordance with the following provisions.
7.4 We shall be liable for breaches of duty – irrespective of the legal grounds – within the scope of our liability for damages for intent and gross negligence. For the negligent breach of obligations, we shall only be liable for damages resulting from injury to life, body or health and for damages resulting from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which a customer regularly relies. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract.
7.5 We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences. Liability under the Product Liability Act remains unaffected.
7.6 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we shall not be liable for this constant and uninterrupted availability of the online trading system.
8. Choice of Law, Dispute Resolution, Place of Jurisdiction
8.1 The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law shall remain unaffected.
8.2 The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr. The choice of law shall in particular not result in the consumer being deprived of the protection that would be granted to him without the choice of law by the mandatory provisions in the country of his habitual residence. However, we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.
8.3 If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising from the contractual relationship shall be Cologne, Germany. The same shall apply if you as a customer are another entrepreneur.