Contractual terms within the framework of sales contracts via the Foundry-Skills
Between Foundry-Skills UG (limited liability) i.GR.
- hereinafter referred to as "provider" -
the customer named in § 2 of the contract - hereinafter referred to as "customer" -
§ 1 Scope, Definitions
(1) For the business relationship between the webshop provider (hereinafter "provider") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.
§ 2 conclusion of contract
(1) All chargeable offers are offered via a registration form. The customer can select products, especially coaching services, from the provider's range and order them. With the button “order with obligation to pay” he submits a binding application to purchase the goods. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his application.
(2) The provider then sends the customer a confirmation of receipt by email in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits a declaration of acceptance, which is sent in a separate email (order confirmation). It is also necessary that the customer has transferred the purchase price.
(3) The contract is concluded in German.
§ 3 Availability - Appointment Cancellation
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchase on account).
(2) If no copies of the product selected by the customer or no dates are available at the time of the customer's order, or if online delivery is not possible, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also notify the customer of this immediately in the order confirmation.
(4) We expressly reserve the right to cancel bookable courses due to insufficient number of participants. The booked coaching seminar will be made up for.
§ 4 prices
(1) All prices stated on the provider's website include the applicable statutory sales tax.
§ 5 payment modalities
(1) The customer can pay by direct debit, credit card, cash on delivery or on account.
(2) The customer can change the payment method saved in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest of 5 percentage points above the base rate for the year.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further damage caused by default by the provider.
§ 6 Warranty for material defects, guarantee
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for services provided by the provider is 12 months.
(2) There is only an additional guarantee for the services provided by the provider if this was expressly given in the order confirmation for the respective article.
§ 7 liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, 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, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from Paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 8 cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the provider informs about in accordance with the statutory model below. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation 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 cancellation, you must inform us (click here to enter text) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
However, under the conditions of Section 356 (5) of the German Civil Code (BGB), the right of withdrawal expires if we have started executing the contract after you have expressly agreed that we will start executing the contract before the withdrawal period has expired and you have confirmed your knowledge of this that you lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
Consequences of the withdrawal
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(3) The provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form
and send it back.)
- To [here is the name, the address and, if applicable, the fax number and
E-mail address of the entrepreneur to be inserted by the entrepreneur]:
- I / we (*) hereby revoke the contract concluded by me / us (*)
about the purchase of the following goods (*) / the provision of the following
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
(*) Delete where inapplicable
§ 0 final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, especially of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.