General terms and conditions of business
Article 1 Scope of application, definitions
- These General Terms and Conditions (hereinafter: T&Cs) apply to all contracts concluded via our online shop between us, profi-con GmbH, Rosa-Luxemburg-Str. 12-14, D-04103 Leipzig, e-mail: firstname.lastname@example.org, telephone: 0800-7346 7286 and you as our customer.
- The T&Cs shall apply in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognised unless we expressly agree to their validity in writing.
- Customers can only be companies, i.e. any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity.
- Amendments to these T&Cs shall be notified by us to the customer in text form by e-mail prior to their coming into effect and shall come into effect one month after such notification, unless a later date is expressly specified. The amendments shall be deemed to have been approved by the customer unless the customer objects to the amendments to the T&Cs in writing or in text form by e-mail within one month of receipt of the notification of amendment. We will inform the customer of his right of objection and the associated legal consequences in the notice of change.
Article 2 Conclusion of contract
- The supplier then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. In this e-mail, the text of the contract (consisting of the order, T&Cs and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection laws.
Article 3 Availability, licenses and service provision
- All courses indicated in the online shop are made available after conclusion of the contract and settlement of the invoice to the extent of the purchased licenses for the duration indicated at the respective course and can be used by the customer in person of the participants designated by him after receipt of the access data. The access data will only be sent after the invoice has been settled.
- With this, the customer receives the non-exclusive, non-transferable, non-assignable, non-sublicensable right to use the learning content by means of remote access to the learning platform, limited in time to the respective online course duration. The learning content may only be used for your own use for the duration of the term.
- The availability of the learning platform is 99.95% on an annual average based on twenty-four hours a day and seven days a week. Excluded from the availability are downtimes due to maintenance as well as times during which the platform cannot be accessed due to technical or other problems beyond our control (e.g. force majeure, fault of third parties, etc.).
- The type and scope of contractual services can be influenced by legal requirements and decisions of public authorities (e.g. courts). In order to implement such legal requirements or official decisions, we are entitled to change the contractual services accordingly.
- We shall also be entitled to make changes to the contractual services that are
- a) irrelevant;
- b) normal commercial practice; or
- c) which correspond to the technical further development in the industry, as far as this is reasonable for the customer.
We will inform the customer in good time in advance of any changes to the contractual services in accordance with Article 5 (4) (c) of the T&Cs.
- We reserve the right to make necessary content-related and methodological adjustments or deviations from the online course description, as long as these do not significantly change the topic and the overall character of the online course concerned.
- We may also have the contractual services rendered in whole or in part by third parties.
Article 4 Prices and payment modalities
- All prices are subject to value added tax at the statutory rate.
- Payment of the purchase price is due within 14 days of receipt of the invoice.
- The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
Article 5 Obligations of the customer to cooperate
- The customer is obliged to inform himself about the technical requirements for the provision of the respective online courses and to use his own Internet-capable terminal device with loudspeakers/headphones before concluding the contract.
- The customer is prohibited from passing on the access data to third parties and/or tolerating and/or enabling third parties to gain knowledge thereof.
Article 6 Liability
- Claims of the customer for damages are excluded. Excluded from this are claims for damage by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
- In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.
- The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of profi-con GmbH if claims are asserted directly against them.
- The limitations of liability resulting from paragraphs 1 and 2 shall not apply insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same shall apply insofar as we and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
Article 7 Final provisions
- Contracts between us and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law.
- The exclusive place of jurisdiction for all disputes arising from contractual relationships between the customer and us is Leipzig.
- The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points the legal regulations step, as far as available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.