General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Elena Miller) via the website www.perlenburg.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After you have accessed the "Checkout" page and entered your personal data as well as the payment and shipping conditions, all order data is displayed again on the order overview page. Before submitting the order, you have the opportunity to check the details in the order overview again, change them (also using the "back" function of the Internet browser) or cancel the order.
By submitting the order via the "order with payment" button, you submit a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute a contract.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Conclusion of contract for download products
(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).
By placing the respective download product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(2) The contract is concluded via the online shopping cart system as follows:
The download products you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After you have accessed the "Checkout" page and entered your personal data and payment terms, the order data will be displayed as an order overview.
Before submitting your order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with payment" or similar term), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 4 License for download products
(1) The download products offered are protected by copyright. You will receive a simple license for use for each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple use license includes the permission to save and/or print a copy of the download product on your computer or other electronic device for your personal use.
You are prohibited from making any further copies. You are expressly prohibited from changing or editing a file or parts thereof and making it available to third parties in any way, privately or commercially.
§ 5 Conclusion of the contract for courses
(1) The subject of the contract is the conduct of courses.
By placing the respective course offer on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses you intend to book are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After you have accessed the "Checkout" page and entered your personal data and payment terms, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 6 Provision of services for courses
(1) The courses will be held in the form described in the respective offers on the agreed dates.
(2) To the extent that the implementation of the courses depends on the number of participants, the minimum number of participants shall be determined from the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by email) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.
(3) If an individual event is cancelled due to the course instructor’s short-term absence due to illness or other important reason, the services already provided will be refunded immediately.
For events consisting of several event dates, if an appointment is cancelled due to the course instructor's short-term absence due to illness or other important reason, the cancelled appointment will be rescheduled for an alternative date.
(4) In connection with the use of course rooms and objects, you must comply with the house rules posted locally. You must follow our instructions or the instructions of the course instructor.
§ 7 Substitute participants
You can nominate a replacement participant at any time before the course begins. There is no charge for this rebooking.
§ 8 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 9 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
§ 10 Choice of law
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Elena Miller
Main Street 117
89233 Neu-Ulm
Germany
Phone: 015257494401
Email: perlenburg@gmail.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
5.6 Unless otherwise agreed, when booking courses, payment must be made on site before the start of the course at the latest, otherwise there is no entitlement to participation.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 27.10.2020
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