General Terms and Conditions for training services provided via the online learning platform of Choice GmbH
§1 Subject of the contract
(1) The following General Terms and Conditions shall apply to all transactions between us and a customer, in the valid version at the time of conclusion.
As customers we understand:
• Corporate customers (any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the execution of their commercial or self-employed professional activity)
Attention:
Our offer is directed exclusively to enterprises, tradespeople, freelancers and public institutions within the meaning of § 14 BGB.
No sale to consumers within the meaning of § 13 BGB.
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to registrations and orders via our online learning platform and related services of Choice GmbH.
(2) In the case of the conclusion of the contract, the contract is concluded with
Choice GmbH
Thomas-Mann-Straße 16-20
D-90471 Nuremberg
Registration number HRB 19444
Register Court Local Court Nuremberg
(3) Deviating conditions of the customers are not recognized unless we expressly agree to their validity.
(4) The presentation of products and services on our platform does not constitute a legally binding offer of contract on our part, it is only a non-binding invitation to the customer to order products, training, events and services. Errors excepted.
When ordering the requested goods, the customer submits a binding offer to conclude a purchase contract. The order requires a registration on the online platform.
(5) When an order is received via our platform, the following regulations apply:
The customer submits a binding offer to enter a contract by successfully completing the order procedure provided via our platform.
The order is made in the following steps:
1) Login to the online platform after registration and entering the necessary personal data (salutation, first and last name, company name, e-mail address, username, country of origin)
2) Selection of the desired goods in the catalogue
3) Verification of the information in the shopping cart
4) Confirm in the shopping cart by clicking the button "Go to checkout"
5) Input of payment and invoice data (credit card data, address) and re-checking or correction of the respective entered data after clicking the button "Continue to verification"
6) Binding dispatch of the order by clicking the button "Pay and complete purchase"
Before the binding sending of the order, the customer can return to the website by pressing the "Back" button contained in the Internet browser used by him after checking his details, on which the customer's details are recorded and input errors are corrected or by closing the Internet browser the order process is aborted. We will immediately confirm receipt of the order by an automatically generated e-mail ("order confirmation"). With this we accept the offer.
(6) Storage of the contract text for orders through our platform: We store the contract text and send the order data to the customer. The general terms and conditions can also be viewed at any time at http://www.training-stage.choice.de/agb and printed or saved using the Internet browser.
The customer can view past orders in our customer area under My profile -> My courses.
§3 Prices, shipping costs, payment, maturity date
(1) The indicated prices are net prices and are therefore to be understood plus the respective legal sales tax.
(2) The customer has the option of paying by credit card. If third party providers, e.g. Stripe Inc. are commissioned with the payment processing, their general terms and conditions of business apply.
(3) If the customer has chosen payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract. We reserve the right to withdraw from the purchase contract if payment is not received within 14 weekdays.
(4) Should a customer not pay, we reserve the right to charge the debtor a handling fee of 15 € after a one-time payment reminder if the payment deadline stated in the payment reminder has not been met. If the payment is not made even after a second reminder, which is subject to a fee, the outstanding debts will be legally recovered. The customer has the right to prove that the seller has incurred lower expenses.
(5) The following cancellation regulations apply:
Cancellation of events and individual training courses must be made in text form and must be confirmed by the provider. If such events are cancelled or rebooked more than 4 weeks prior to the start of the event, we will reimburse 100% of the event costs paid. If the cancellation or rebooking is made less than 4 weeks but more than 14 weekdays before the start of the event, we will reimburse 50 % of the event costs paid. In the event of short-term cancellation, rebooking (14 days or less before the start of the event) or absence from the event, we will charge 100 % of the event costs.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all online learning content offered by us is immediately available online. After purchase, the customer can carry out the online training within the access time defined in the product description.
(2) A permanent Internet connection is required to conduct online training. If an online training course is temporarily unavailable for technical reasons, neither a price reduction nor claims for damages can be asserted.
(3) The customer himself is responsible for procuring and maintaining the appropriate software and hardware required to open, play and download the contents and files properly.
(4) In the case of payment in advance, delivery or activation of access will take place at the latest within 10 working days after receipt of payment. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(5) If an event is booked, delivery will take place at the time specified in the product description or, for individually booked events, at the agreed time.
§5 Copyright and access rights
(1) All content is protected by copyright. In addition, the legal limits resulting from the copyright regulations apply.
(2) The purchased online trainings may only be used by the registered customer. The reproduction, distribution, modification or storage of any information and data requires the consent of Choice GmbH.
(3) Passing on the access data and training materials to third parties is expressly prohibited. Choice GmbH reserves the right to block user access in the event of justified suspicion of misuse.
(4) The customer must ensure that the personal access data to the online platform does not fall into the hands of third parties and that access is protected by a secure password.
(5) The customer is liable for any damage caused by the copyright infringement and/or the passing on or granting of access to third parties.
§6 Retention of title
We reserve the right of ownership of the goods or services until the complete payment of all claims.
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§7 Warranty
The legal warranty regulations apply.
§8 Liability
(1) The entire contents of cleverise.de and the services offered have been created with care and to the best of our knowledge. We assume no liability for the completeness of the contents offered and expressly do not guarantee any specific learning success.
(2) Choice GmbH, its representatives or vicarious agents shall only be liable for deliberate or grossly negligent direct damage. Any liability for consequential damage, e.g. missed profit or loss, is excluded.
(2) We accept no liability for the performance of third parties, even if they have been recommended or commissioned by us or their products and services have been made available on our platform.
§9 Cancellation
(1) All cancellations must be made in written form.
(2) Choice GmbH reserves the right to extraordinarily terminate the contract in case of violation or misuse.
(2) Upon receipt of the notice of cancellation, there is no further entitlement to the services of Choice Training, e.g. online training. Access to all content and services is thereby blocked.
§10 Final provisions
(1) The contract language is exclusively German.
(2) If the customer is a merchant customer, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Choice GmbH.
(3) This contract is subject exclusively to German law, excluding the norms of international private law (conflict of laws). The application of the UN Convention on the International Sale of Goods (CISG) is expressly excluded.
(4) Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the parties to the contract had pursued with the invalid or unenforceable provision.