Standard business terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Dr. Oksana Zhebel) via the www.courseatic.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Registration as a customer
(1) For the use of our services a registration as a customer is required. This is free of charge and does not lead to any obligations.
(2) As part of the registration, a customer account will be set up under your specified account name, email address and password.
(3) After submitting the registration, you will receive an e-mail confirmation link to unlock your account. The login details are to be kept secret. The customer account is not transferable.
(4) You can change your account name, your e-mail address and your password at any time after logging into your customer account (there under the „Settings“ button).
§ 3 Subject-matter and conclusion of the contract
(1) The contract subject matter is the purchase of download products (digital content which is not supplied on a physical data carrier).
(2) In conjunction with the setting up of the respective download product on our website, we refer you to a binding offer associated with the conclusion of a purchase contract under the conditions specified in the product description.
(3) The purchase contract is concluded via the online shopping cart system as follows:
The download products to be purchased are placed in the ‘shopping cart’. The customer can use the respective button in the navigation bar to call up the ‘shopping cart’ and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment conditions have been entered, all the order data are displayed again on the order overview page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By using the relevant button (e.g. ‘Pay now’) to send the order, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 4 Licence to use for download products
(1) The download products that are on offer are copyright-protected. You will receive an operating license according to the regulations listed below for every download product purchased from us, unless otherwise specified in the respective quote.
(2) You are not allowed to access content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the service, and solely for streaming. „Streaming“ means a contemporaneous digital transmission of the material via the internet to a user operated internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user
(3) After providing the digital content for streaming, the license is valid for 365 days (one year). You have unlimited access to an unlimited number of times during this license period.
§ Posts (comments, reviews)
(1) After signing up for your online account, you can post comments and ratings (hereinafter referred to as contributions) after you have logged in to your customer account using the technical functions provided there. All contributions will be published under your name on our website; this is done automatically.
(2) The copyright for the contributions, insofar as they are eligible for copyright protection, remains with you in principle. However, by posting a contribution, you grant us the right to make the contribution permanently available on our website.
(3) You are responsible for the contributions you have made. You can no longer edit or delete published posts in your customer account.
(4) You agree not to post any content that violates the rights of third parties or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also concerns the costs of the legal representation required in this context.
(5) Furthermore, contributions that offend common decency and contributions of an advertising nature are not permitted.
(6) We reserve the right to delete posts at any time without notice and without notice of the reasons.
§ 6 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 7 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Dr. Oksana Zhebel
Suhrenkamp 29
22335 Hamburg
Germany
Telephone: 040-53 230 66
E-Mail: info@courseatic.de
Alternative dispute resolution: The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations „Subject-matter and conclusion of the contract“ in our standard business terms (part I).
3. Contractual language, saving the text of the contract
3.1. Contract language shall be English.
3.2. The complete text of the contract is not saved with us. Before the order is sent, via the online-shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the download products
The key features of the download products can be found in the respective quote.
5. Prices and payment arrangements
5.1. The prices mentioned in the respective offers represent total prices. They include all the price components, including all the incidental taxes.
5.2. The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.3. The payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
Unless otherwise specified in the quote, delivery of the download products shall be made immediately after conclusion of the contract. The customers can stream the download items in their customer accounts.
7. Statutory warranty right
The statutory warranty rights are applicable.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
last update: 05.07.2019