LEGAL INFORMATION
General Terms and Conditions
General Terms and Conditions - Purchase of Digital Content and Coaching/Mentoring Products
1. Scope of Application
(1)
These General Terms and Conditions (hereinafter “Terms and Conditions”) of LearnTradeEvolve co. Ancorise GmbH Schumannstraße 27, 60325 Frankfurt am Main (hereinafter “Seller”) applies to all contracts for the delivery of data not on a physical data carrier, which is produced and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller via her online shop or in another way.
(2)
The offers advertised on the seller’s website are subject to change. There is no entitlement to their realisation. The seller reserves the right to change the offer at any time, to supplement it or to offer it under changed conditions.
(3)
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in exercise of his trade, business or profession.
(4)
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2 Conclusion of Contract
(1)
The content published in the seller’s online shop does not constitute a binding offer, but is intended for the submission of a binding offer by the customer.
submission of a binding offer by the customer.
(2)
The customer can submit an offer to conclude a contract via the online order form integrated into the seller’s online shop. After placing the selected content in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the content contained in the shopping basket by clicking the button that concludes the ordering process.
(3)
The seller can accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or- by providing the customer with the ordered contents, whereby the receipt by the customer is decisive in this respect, or- by requesting payment from the customer after submitting his order. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
(4)
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
(5)
When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.
(6)
Before binding submission of the order via the online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
(7)
Only the German or English language is available for the conclusion of the contract.
(8)
Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent to the seller or third parties commissioned by the seller to process the order can be delivered.
3. Right of Cancellation for Consumers
Consumers are generally entitled to a right of cancellation. Further information on the right of cancellation can be found in the cancellation policy of the seller.
Right of cancellation
Cancellation policy & cancellation form
Consumers are entitled to a right of cancellation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity:
A. Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must inform us (LearnTradeEvolve co. Ancorise GmbH Schumannstraße 27, 60325 Frankfurt am Main, Germany, e-mail: info@learntradeevolve.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
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; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
Note on the premature expiry of the right of cancellation:
In the case of contracts for the provision of services, the seller shall generally only provide the services after the cancellation period has expired. If the user wishes to make use of the service before the cancellation period has expired, it is necessary for the user to expressly give his consent to this and at the same time confirm his knowledge that he will lose his right of cancellation upon complete fulfilment of the contract by the entrepreneur
According to Section 356 BGB of german law, the right of cancellation in a contract for the provision of services expires if the entrepreneur has provided the service in full and has only started to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he loses his right of cancellation upon complete fulfilment of the contract by the entrepreneur.
B. Cancellation form
(If you wish to cancel the contract, please complete and return this form). To LearnTradeEvolve co. Ancorise GmbH Schumannstraße 27 60325 Frankfurt am Main E-mail: info@learntradeevolve.com I/we (*) hereby cancel 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(s) (*) Delete as appropriate
4 Prices and Terms of Payment; Subscription
(1)
The prices quoted by the seller are total prices and include statutory VAT.
(2)
Various payment options are available to the customer, which are specified in the seller’s online shop. Payment can be made by credit card (the seller uses the ‘SSL’ transmission method to encrypt your personal data) or by bank transfer.
(3)
The customer has the option of purchasing the digital content as a single purchase against a one-off payment. The purchase price is due immediately upon ordering.
(4)
Alternatively, the customer has the option of taking out a subscription for the provision of digital content against recurring payment of a monthly fee. The seller offers subscriptions that are concluded for a limited period of time for the contract term shown in the respective product description in the seller’s online shop and end automatically at the end of the contract term. In addition, the Vendor offers subscriptions that are initially concluded for a minimum term and are automatically extended by a further term after expiry of the minimum term if they are not cancelled in good time within the respective notice period; all applicable contract terms and notice periods can be found in the respective product description in the Vendor’s online shop. The fee for the first month of a subscription is due for payment immediately upon ordering, the subsequent fees are due for payment one month later in each case, unless otherwise specified in the respective product description in the Seller’s online shop. If the customer is in arrears with the payment of a monthly fee, access to the digital content shall be blocked for him until he has made the outstanding payment to the vendor.
(5)
The right to extraordinary cancellation of the subscription for good cause remains unaffected. Good cause shall be deemed to exist if the cancelling party cannot reasonably be expected to continue the contractual relationship until the agreed termination date, taking into account all circumstances of the individual case and weighing the interests of both parties.
(6)
Cancellations must be made in writing or in text form (e.g. by e-mail).
5. Rights of Use; Transfer of Content; Technical Requirements
(1)
The digital content offered by the seller is protected by copyright.
(2)
Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the non-transferable, non-exclusive right to use the content provided. The retrieved content may be used by the customer exclusively for his own use. Any commercial use, in particular selling, renting, leasing or lending, both in printed and file form, is not permitted. The creation of copies for third parties outside the scope of these GTC is not permitted.
(3)
The granting of rights shall only become effective once the customer has paid the contractually owed remuneration in full. The vendor may provisionally authorise the use of the contractual content even before this point in time. Such provisional authorisation shall not constitute a transfer of rights.
(4)
The content shall be provided exclusively in electronic form by e-mail or by download from the seller’s website.
(5)
The customer must create the technical requirements to be able to access the digital content. The vendor bears no responsibility for this.
6. Availability of Digital Content
The seller shall ensure that all digital platforms used in the context of the provision of services are technically secure and stable. However, the seller is not responsible for certain constellations (e.g. lack of Internet connection at the customer’s premises, temporary unavailability of the platforms due to maintenance work by the hosting companies, Internet disruptions in general).
7. Warranty
The statutory liability for defects applies.
8. Liability in other Respects
(1)
All content offered by the seller is subjected to a virus check in accordance with the current state of the art. However, the vendor accepts no liability for damage or impairment caused by computer viruses, unless the vendor, its legal representatives or vicarious agents have acted with at least gross negligence.
(2)
The vendor is not liable for any impairment of the ability to use the digital content due to technical problems that are the responsibility of the customer.
(3)
The seller is not liable for the non-receipt of digital content due to the use of spam filters, anti-virus programmes, insufficient storage and reception capacity, lack of data transmission capacity, unsuitable e-mail inbox settings or inadequate automatic forwarding of the content sent within the customer’s sphere of influence. The seller is also not liable for the non-readability of the digital content in the absence of the corresponding software. Likewise, the seller is not liable for any disruptions in the Internet, providers, online services or for other disruptions in the customer’s direct IT system.
(4)
The seller assumes no liability for the fact that any success intended by the customer upon conclusion of the contract does not occur.
(5)
The Seller shall be liable for wilful and grossly negligent breaches of duty. The Seller shall only be liable for slightly negligent breaches of duty if these relate to material contractual obligations or damages resulting from injury to life, limb or health or guarantees or if claims under the Product Liability Act are affected. The same applies to breaches of duty by the Seller’s vicarious agents. The slightly negligent breach of material contractual obligations is limited to the amount of foreseeable damage typical for the contract.
9. Data Protection
Data protection is a high priority for the seller. All processing of personal data in the context of the initiation, execution and processing of contracts is carried out in accordance with the applicable legal provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-neu). Further information on the processing of personal data by the seller can be found in our privacy policy.
10. Applicable Law; Place of Jurisdiction
(1)
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods (UN Convention on Contracts for the International Sale of Goods). In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
(2)
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the seller shall in any case be entitled to appeal to the court at the customer’s place of business.
11. Other Provisions
All other ancillary agreements (insofar as they are not covered by these GTC) must be made in writing and countersigned by all parties/persons acting under the contract.