- Purchase terms and conditions including the right of withdrawal
- 1 Scope
(1) The following terms and conditions form an integral part of every contract between Humanimity SCE mbH, Fruehlingstrasse 18a, 84543 Winhoering, represented by the managing directors Mr. Boris Matern & Mrs. Wiebke Matern business resident there, e-mail address: email@example.com (hereinafter: SELLER) and the customer.
(2) The SELLER offers through its online shop for sale goods to a specified by the customer delivery address or for a data downloadable goods (software, eBooks, video files, audio files and similar electronic training content) for sale. The SELLER provides its services exclusively on the basis of these terms and conditions, which are always visible on this website and are sent to the customer, in the case of a contract with an e-mail.
(3) If you have cause for complaint, you can contact us under the information referred to in paragraph 1.
- 2 conclusion of contract
(1) The presentation of the goods, especially on the Internet, does not constitute a binding offer by the SELLER.
(3) The customer will be informed of the receipt of the order by email. This order confirmation also represents the acceptance of the purchase contract by the SELLER.
- 4 Handover of the goods / provision for download
(1) The delivery of the goods takes place by delivery to the delivery address specified by the customer. Any shipping costs incurred will be shown to the customer on the order page before the order is completed. For deliveries abroad, the customer assumes the additional taxes and customs duties. The SELLER will always comply with the delivery times stated on the website, provided that the delivery is made within the specified time. The SELLER is entitled to partial deliveries. Any resulting additional costs will not be charged to the customer.
(2) Software, eBooks, video files, audio files and comparable electronic training content (in the future online goods) are available after the acquisition of the right of use for viewing and use in the course overview under "My Bookings" or "My Bookings" in the customer's dashboard. The provision takes place immediately after the registration of the payment.
(3) The possibility of additional downloading of online merchandise constitutes a voluntary service of the SELLER, which it may terminate at any time. The SELLER therefore reserves the right to change, suspend or discontinue the possibility of data download at any time temporarily or permanently and / or to delete individual online goods from the customer's customer account. This applies in particular in the presence of an important reason for the removal of online goods from the customer account, in particular in the event of disputes about possible violations of the content of the online goods. The possibility of deletion does not apply to online goods that are already stored on their own storage medium at the customer, eg. As his PC, laptop, etc., lie after the customer has downloaded them.
- 5 terms of payment
(1) The customer can pay by credit card (currently only MasterCard and Visa), SEPA direct debit mandate, Sofortüberweisung and PayPal. If the customer chooses the direct debit procedure offered to him, he must issue the necessary SEPA direct debit mandate and ensure sufficient cover of the bank account at maturity. In the case of direct debit orders, the customer will receive an advance notification (prenotification) of the imminent debit of the bank account in the invoice sent by e-mail. The pre-announcement is made in good time so that there is a bank working day between it and the debit. In the event of the return or non-payment of a direct debit, the customer irrevocably authorizes the bank, upon submission of the order, to inform the SELLER of his name and current address. Processing fees for the unjustified return or non-payment of a direct debit, which are charged to the SELLER by the bank from, are to be reimbursed by the customer.
(2) All prices are to be understood as total prices including the statutory sales tax, but excluding shipping costs.
- 6 Retention of title of dearer goods / conditions of use for the use of online goods
(1) Deliverable goods remain the property of the SELLER until full payment.
(2) When using online goods, the customer does not receive ownership. Instead, the customer acquires a simple, non-transferable, revocable right to use the actual online merchandise for personal use before full payment of the license fee. The content or design of the online merchandise may not be edited or altered by the customer, subject to deviating mandatory legal provisions, nor are the customer entitled to grant third-party sublicenses to the online merchandise, the online merchandise publicly available or otherwise to evaluate the online goods commercially. On the other hand, it is permissible for the customer to copy the online goods (only) for personal use (creation of a private copy) or have them copied by a third party for this purpose, provided the third party makes the copy free of charge. A passing on of the on-line commodity to third parties (this also applies to a passing on to family members, relatives or acquaintances) is permitted only temporarily for the purpose of the production of such a private copy.
- 7 Cancellation policy for the delivery of goods
For contracts for the supply of goods, you as a consumer have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you must contact us, Humanimity SCE GmbH, Fruehlingstrasse 18a, 84543 Winhoering firstname.lastname@example.org by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
To meet the deadline, it is sufficient for you to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment we will use the same means of payment as you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
- To the Humanimity SCE GmbH, Fruehlingstrasse 18a, 84543 Winhoering, email address: email@example.com
- I / we (*) hereby 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 when notified on paper)
(*) Delete as appropriate
- 8 Cancellation policy for data downloads
For contracts for the delivery of online goods / data downloads (digital content that is not on a physical medium), you as the consumer have the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must contact us Humanimity SCE GmbH, Fruehlingstrasse 18a, 84543 Winhoering, email address: firstname.lastname@example.org by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- An Humanimity SCE mbH, Fruehlingstrasse 18a, 84543 Winhoering, email address: email@example.com
- I / we (*) hereby 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 customer (s)
- Address of the customer (s)
- Signature of the customer (only when notified on paper)
(*) Delete as appropriate.
- 9 Liability for defects / limitation of liability
(1) The customer is entitled to a statutory right of defect. With regard to liability for defects, the statutory provisions shall apply, as far as nothing else results from the following liability limitations with regard to damages.
(2) The SELLER is liable - with the exception of injury to life, limb and health and the violation of essential contractual obligations (transfer and transfer of the goods) - only for damages that are due to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as escaped profit in particular.
(3) The liability is - except for intentional or grossly negligent behavior or for damages from injury to life, limb and health and the breach of essential contractual obligations (delivery and transfer of goods) - the amount of foreseeable at contract conclusion, typical contractual damage limited. This also applies to indirect consequential damages such as escaped profit in particular.
(4) The limitation of liability of paragraphs 1 and 2 also applies to the vicarious agents of the SELLER.
(5) Liability under the Product Liability Act remains unaffected.
- 10 Information on Dispute Resolution
(1) The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
(2) The SELLER shall always endeavor to settle any disagreements arising from the contractual relationship in a consensual manner. However, the SELLER does not participate in a procedure with a nationally recognized consumer arbitration board. The legal process is always open.
- 11 Final provisions / contract language
(1) The law of the Federal Republic of Germany applies excluding the UN sales law. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected.
(2) Contract language is German.
Status of the purchase terms and conditions - 01.05.2018