Terms and Conditions with customer information
(The following General Terms and Conditions contain at the same time legal information about your rights according to the regulations on contracts in distance selling and electronic commerce.)
- SCOPE
These terms and conditions apply to all business relationships between ES & S | European Solutions and Support UG (limited liability) (hereinafter referred to as ES & S UG) and the customer in the version valid at the time of the conclusion of the contract. Contrary terms and conditions of the customer are hereby expressly contradicted.
You can reach our support for questions, requests and problems on working days from 9:00 am to 4:00 pm by e-mail at contact@esands.eu. More information about us can be found in the imprint.
Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).
- Offers AND SERVICE DESCRIPTIONS
- a) conclusion of the booking form
The presentation of offers in the Internet shop of ES & S UG is non-binding. To use the full extent of this website, it is necessary to create a customer account. The booking process consists of a total of four steps. In the first step, the customer selects the booking form. In the second step, he fills out the form with his data, including the billing address, and selects an offer. In the third step, he selects the payment method. In the fourth step, the customer has the opportunity to review all information (such as name, address, method of payment, selected offer) again and correct any input errors. Subsequently, the customer confirms the validity of these terms and conditions and subsequently his booking by clicking on the button “book with a fee”.
By booking, the customer bindingly declares his contract offer. ES & S UG will immediately confirm receipt of the customer’s booking. The confirmation of receipt also represents the binding acceptance of the booking. Upon acceptance, a contract is concluded between ES & S UG and the customer. After completing the booking process, the customer will be redirected to the page of the selected payment provider and can make the payment there by entering the appropriate bank details.
- c) customer account
The password, which allows the customer to access the personal area, must be treated with strict confidentiality and may not be passed on to third parties. The customer takes the appropriate and appropriate measures to prevent third parties from being aware of his password. A customer account can not be transferred to other customers or other third parties.
- c) storage of the contract text
The text of the contract will be stored by ES & S UG when booking via the booking form and sent to the customer after submitting his booking together with the present GTC and customer information in text form (eg e-mail, fax or post). However, the contract text can not be retrieved by the customer after sending his booking via the seller’s website. The customer can use the print function of the browser to print the relevant website with the contract text.
- d) subsequent change of the terms and conditions
ES & S UG is entitled to retrospectively adapt and supplement the General Terms and Conditions against existing business relationships, as far as changes in legislation or jurisdiction require it or other circumstances lead to the contractual equivalence ratio being not only negligibly disturbed. A subsequent change in the terms and conditions shall take effect if the customer does not object within six weeks after notification of the change. At the beginning of the period, ES & S UG will expressly inform the customer of the effect of its silence as acceptance of the contract amendment and give it the opportunity to make an explicit statement during the deadline. If the customer objects in due time, both ES & S UG and the customer may terminate the contractual relationship extraordinarily.
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the websites of ES & S UG are not in the nature of an assurance or guarantee.
All offers are valid “as long as stocks last”, unless otherwise noted in the products. Incidentally, errors remain reserved.
- PERFORMANCE AND CONTRACT
- a) general
ES & S UG offers its customers a learning platform that customers can use to learn more about European policy topics and supplementary services. ES & S UG provides its customers with the necessary learning materials on the platform. The learning offers are completely internet-based.
The customer can retrieve all necessary content and modules online. He does not need any additional materials. The customer carries out his learning process on his own responsibility and is independently required for learning checks.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. The contract is concluded by accepting the offer via the online courses contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail. The condition for an effective conclusion of the contract is always that the order process is completed when the order is placed.
- b) performance
ES & S UG is entitled to have the contract or parts of the contract fulfilled by third parties. ES & S UG does not guarantee the availability of the services offered at any time. In addition, ES & S UG does not warrant that the services offered or any part of it will be made available and usable from any location.
- c) service delays
Performance delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by the utmost care of ES & S UG (this includes in particular strikes, official or court orders and cases of improper or improper self-supply in spite of the covering business) ES & S UG not responsible. They entitle the ES & S UG to postpone the performance for the duration of the obstructing event.
- d) resignation
In the case of unavailability for reasons mentioned above, ES & S UG may withdraw from the contract. ES & S UG undertakes to inform the customer immediately about the unavailability and to reimburse immediately any compensation already paid.
- e) termination
A cancellation of the online courses is not possible. For these courses a fee for the participation in the course is paid once.
The contract is concluded for a period of 6 WEEKS from the date of receipt of the login data. In this period also booked courses are available. Upon request in text form, an extension of the use of the services may be agreed.
- USE OF THE PLATFORM
- a) general
The customer undertakes to use the services offered by ES & S UG only to the extent permitted by law and in accordance with these terms and conditions. This includes in particular that the offers of ES & S UG may only be used for the purpose of their own further education. A commercial use (paid access for third parties) of the offers of ES & S UG is not permitted. An improper use leads to the exclusion of the right of use granted by the conclusion of the contract. The ES & S UG will deactivate the customer account of the respective customer after becoming aware of a misuse. Any fees already paid will not be refunded in this case.
- b) exemption
The customer undertakes to indemnify ES & S UG against all claims of third parties, including reasonable or legally determined costs for the prosecution, based on a non-contractual, abusive and / or illegal use of the website services and their content of the customer. The Customer supports ES & S UG in defending these claims, in particular by providing all information necessary for the defense. The customer is obliged to pay compensation for the damage incurred by ES & S UG through the successful enforcement of such claims by third parties.
- c) rights to content
Customers are required to respect the rights (such as copyright, trademark rights) of ES & S UG in the content created by them (videos, texts, photos, charts, audio files, scripts, cases, graphics, podcasts, etc.). In particular, without the consent of ES & S UG, customers are prohibited from reproducing, distributing, processing or otherwise exploiting any content on the website. If ES & S UG becomes aware of a legal violation, ES & S UG is entitled to extraordinary termination of the contract. ES & S UG also reserves the right to assert claims for damages against the customer in the event of infringement.
- d) further development of the service / availability
ES & S UG strives to adapt its services to current technical developments and current market developments. ES & S UG therefore reserves the right to make changes to the agreed services insofar as such changes do not affect the core services and are reasonable for the latter, taking into account the interests of the contractual partner. The database shall be provided within the limits of the technical and operational possibilities, taking into account the interests of the customers, with temporary and temporary restrictions within reasonable limits (for example, server maintenance, technical malfunctions).
- DUE DATE, PRICES AND PAYMENT METHODS
All prices include VAT. Payment can be made with Direct bank transfer, Paypal or credit card. If third-party providers are charged with payment processing, e.g. Paypal apply their terms and conditions.
Direct bank transfer
If you select the method payment in advance, we will give you our bank details in the order confirmation and unlock the booked online courses after receipt of payment.
Credit card
Your credit card will be charged upon completion of the order. The online course is activated upon completion of the order, so that you can start processing the online course immediately after completing the order.
Paypal
You pay the invoice amount via the online provider Paypal. You must always be registered there or first register, legitimize with your access data and confirm the payment order to us (except guest access). You’ll get more information during the ordering process. The online course is activated upon completion of the order, so that you can start processing the online course immediately after completing the order.
- b) For online courses, only a one-time course fee is due. Here, the agreed course fee is due with the purchase of the course.
- c) For paid webinars the course price is due with the registration for the webinar. We reserve the right to cancel offered webinars for organizational reasons. If the webinar does not take place, the course price will be reimbursed accordingly.
- TERMINATION
- a) The cancellation of the online courses is not possible, as already mentioned above. For these courses a fee for the participation in the course is paid once.
- b) The cancellation of other courses may be announced by both parties in writing with a notice period of 2 weeks to the end of the course month.
- c) Termination of other courses by the participant is possible for the first time after 3 course months.
- d) The termination can be addressed by email to contact@esands.eu.
- OWN PROVISION OF SUITABLE IT INFRASTRUCTURE AND SOFTWARE
Each participant is responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and other technical equipment and software (in particular web browser and Acrobat Reader®) necessary for the use of online offers, and at their own expense and on their own Risk responsible.
- CANCELLATION
Below you will receive a briefing on the condition and consequences of the statutory right of revocation. Consumers have a fourteen-day withdrawal.
- a) 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. In order to exercise your right of withdrawal, you must inform us (ES & S UG, contact@esands.eu) by means of a clear statement (eg an e-mail) of your decision to withdraw from this contract. 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.
- b) consequences of the withdrawal
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.
– End of revocation –
- c) Special instructions for premature termination of the right of withdrawal
Your right of revocation expires prematurely if ES & S UG has provided the service completely and has only begun to perform the service after you have given your explicit consent and at the same time you have confirmed your knowledge that you have your right of revocation in the event of full performance of the contract ES & S UG lose.
- LIABILITY
- a) disclaimer
ES & S UG and its legal representatives and vicarious agents are only liable for intent or gross negligence. In the case of a grossly negligent breach of non-essential contractual obligations, ES & S UG is only liable to entrepreneurs in the amount of the foreseeable, contract-typical damage. Insofar as essential contractual obligations (as a consequence of which such obligations are of particular importance for the achievement of the purpose of the contract) are also affected, slight negligence is also liable. The liability is limited to the foreseeable, contract-typical damage.
- b) resposibility
The above disclaimer of liability does not cover liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by the disclaimer.
- c) Insofar as the liability of ES & S UG is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
- CONTRACT TEXT STORAGE
The contract text is not stored by us.
- CONTRACT LANGUAGE
The languages available for the contract are German and English.
- DATA PROTECTION
- a) ES & S UG processes personal data of the customer for specific purposes and in accordance with the statutory provisions.
- b) The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) will be used by ES & S UG to fulfill and execute the contract. This information will be kept confidential and will not be shared with third parties who are not involved in the ordering, delivery and payment process.
- c) The customer has the right, upon request, to obtain information free of charge about the personal data stored about him by ES & S UG. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, as far as no legal duty of retention precludes.
- d) Further information on the nature, scope, location and purpose of the collection, processing and use of the required personal data by ES & S UG can be found in the privacy policy.
- FINAL PROVISIONS
- a) jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract is the registered office of ES & S UG in Rostock, provided that the customer is a merchant, a legal entity under public law or special fund under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany.
- b) choice of law
Insofar as there are no mandatory statutory provisions in accordance with the customer’s home law, German law shall be deemed agreed.
- c) salvatory clause
The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.
- EUROPEAN ONLINE DISPUTE RESOLUTION
The European Commission’s Online Dispute Resolution (OS) Platform for Consumers will be used to resolve any dispute: http://ec.europa.eu/consumers/odr/.
Rostock, Juli 2018
ES&S UG
