Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (cusati GmbH) via the www.vinello.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Offers made by cusati shall be subject to confirmation and shall not constitute an offer to conclude a purchase contract. Errors and prior sale are reserved.
(2) The order of the goods by the purchaser is a binding offer. It is carried out by electronic transmission of the completed order form in an online procedure.
(3) By submitting the offer, the customer confirms that he/she is 18 years of age or older. cusati makes the effectiveness of the contract dependent on the purchaser's majority and full legal capacity.
(4) The purchase contract shall be concluded by cusati accepting the offer of the ordering party by dispatching the goods or a separate order confirmation or by delivering the goods. If the order confirmation or delivery of the ordered goods is not made within two weeks, the ordering party shall no longer be bound to his order.
(5) If the goods ordered by the ordering party are not available, cusati reserves the right not to perform the service or to perform it with delay. cusati shall inform the customer immediately about the non-availability. Payments will then be refunded immediately. cusati delivers to private customers in quantities customary in households. cusati shall be entitled to make partial deliveries. Additional shipping costs shall only be incurred by express agreement.
(6) Contract texts are stored. Order data can be taken from the confirmation of receipt.
(7) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Contract duration / Cancellation in case of subscription contracts
(1) The subscription contract that has been concluded between you and us is subject to the agreed-upon duration. If the contract is not cancelled by one of the parties in text form (e.g. via e-mail) 3 weeks before the expiration of the contract (insofar as the respective offer is not associated with another time frame), it gets extended by the agreed-upon base duration. However, if the base duration is more than a year, the contract only gets extended by a period of one year.
(2) This has no bearing on the right to cancel the contract without notice for an important reason.
§ 4 Conclusion of the contract in the case of courses
(1) The object of the contract is the delivery of courses.
Once the course offer is uploaded on our website, it constitutes a binding offer from us to conclude a contract subject to the conditions specified in the respective course description.
(2) The contract becomes effective via the online shopping cart system as follows:
The courses you intend to book are added to your "Shopping Cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the required personal data and payment conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider. If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
By using the button clearly indicating your liability to pay, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.
(3) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 5 Service provision in the case of courses
(1) The courses will be delivered in the form described in the respective offers on the agreed dates.
(2) If the delivery of the course is dependent on the number of participants, the minimum number of participants will be evident in each case from the offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least seven days before the beginning of the course that the booked course will not be taking place. In this case, any payments already made will be refunded immediately.
(3) In the case of cancellation of a single event due to the non-availability of the course instructor at short notice due to illness or another important reason, the payments already made will be refunded immediately.
In the case of events consisting of several dates, if one of the dates is cancelled at short notice because the course instructor is not available due to illness or another important reason, a replacement date will be found for the cancelled date.
(4) In relation to the use of course rooms and objects, you must comply with the house rules displayed on the premises. You must adhere to our instructions or the course instructor's instructions.
§ 6 Withdrawal / Cancellation
(1) You can withdraw from the contract free of charge 1 days before the start of the course. Withdrawal is required in text form (e.g. e-mail). The effective date for compliance with the deadline is the receipt of the withdrawal declaration by us.
Withdrawal is no longer possible less than 1 days before the start of the course.
(2) In case of non-participation or partial participation in the booked course, no refund of course fees will be possible.
(3) This does not affect the statutory right of revocation; this exists irrespective of the existence or non-existence of this additional right of withdrawal.
§ 7 Substitute participant
You can name a substitute participant at any time before the start of the course. There will be no charges for this change to the booking.
§ 8 Special agreements related to the offered payment methods
(1) Validity check
If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to Tesch mediafinanz GmbH, Weiße Breite 5, 49084 Osnabrück, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check.
(2) SEPA debit note (base and/or corporate debit note)
If payment is to be made via an SEPA base debit note or an SEPA corporate debit note, you authorise us to collect the billing amount from the specified account by issuing a corresponding SEPA mandate.
The debit note is collected within a period of 5-10 days after the conclusion of the contract.
The deadline for the sending of the pre-notification has been shortened to 5 days before the due date. You are obligated to ensure that the account in question possesses sufficient covering funds on the due date. If a return debit note comes into play on account of a situation in which you defaulted on your obligation, you have to pay the incidental bank charge.
§ 9 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 10 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
- to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
- insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
- to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
- for statutory recourse claims, which you have against us in connection with warranty rights.
§ 11 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§ 12 Protection of minors
(1) For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribed minimum age, the legal age must be reached.
II. Customer information
1. Identity of the seller
Bamberger Str. 1
Telephone: 0351 469 256 57
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
5.7 Unless otherwise agreed, when booking courses payment must be made no later than on the course date before the start of the course; there is otherwise no entitlement to participation.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I).
8. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section "Contract term / Termination of subscription contracts" in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service.).
last update: 23.10.2019