Standard Business Terms and Customer Information

Standard Business Terms and Customer Information

I. Standard Business Terms
§ 1 Basic provisions


(1) The following business terms are applicable to contracts liable for costs, which you conclude with us as a supplier (Daniela Dägele) via our websites earthyme.de and earthyuniversity.com. 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 Subject-matter of the contract, registration as a customer


(1) The contract subject matter is the delivery of digital content which is not supplied on a physical data carrier (provision of online course content).

(2) For the purpose of using our services a customer registration is required. The registration is free of charge and does not create any binding obligations.

(3) As part of your first order via our website earthyme.de a customer account with your name and your e-mail address is set up.
After submitting the order via the corresponding button, you will receive an e-mail confirming the activation of your account. The e-mail also contains the information on how to set up a password to log in to your account.
The login data are strictly personal and confidential. The customer account cannot be transfered.

(4) As part of the registration via our website earthyuniversity.com a customer account with your name, your e-mail address and your chosen password is set up.
After submitting the registration via the corresponding button, you will receive an e-mail confirming the activation of your account.
The login data are strictly personal and confidential. The customer account cannot be transfered.

§ 3 Conclusion of the contract via our website earthyme.de


(1) On placing the respective online course on our website earthyme.de, we provide you with a binding offer to conclude a contract via the online shopping cart system under conditions specified in the course description.

(2) The contract is concluded via the online shopping cart system as follows:
The online courses intended for subscription are moved to the "suitcase". You can select the "suitcase" cart using the appropriate button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" and entering the required personal data and payment conditions, the order data will eventually be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express) as your payment method, you will either be taken to the order overview page on our website or forwarded to the website of the provider of the instant payment system. If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back onto our website, the order data will be displayed as an order overview.

Before submitting the order, you have the option once more to review or change (you may also use the back button on your internet browser) any information on the order summary page or to cancel the transaction.
By submitting the order via the corresponding button you declare acceptance of the offer in a legally binding manner, and by doing so conclude the contract.

(3) 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.

(4) Online courses purchased on EarthyMe.de are delivered on EarthyUniversity.com

§ 4 Conclusion of the contract via our website earthyuniversity.com


(1) On placing the respective online course on our website earthyuniversity.com, we provide you with a binding offer to conclude a contract via the online shopping system under conditions specified in the course description.

(2) The contract is concluded via the online shopping system as follows:
After clicking the button "Buy Now for … $" (or similar designation) on our website, you can log in to your existing customer account or create a new customer account. In the next step, you will be taken to the checkout page.
You can then select the payment method.

If you use credit card as your payment method, enter your credit card details as appropriate.
If you use PayPal as your payment method, you will be forwarded to the PayPal website. You can then choose and/or enter your details as appropriate.

Conclusively the order data will be displayed as an order overview.

Before submitting the order, you have the option once more to review or change (you may also use the back button on your internet browser) any information on the order summary page or to cancel the transaction.
By submitting the order via the corresponding button you declare acceptance of the offer in a legally binding manner, and by doing so conclude the contract.

(3) 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 Licence to use

(1) The digital content we offer is copyright-protected. You will receive an operating licence according to the regulations listed below, unless otherwise specified in the respective quote.

(2) You are not allowed to access content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the service, and solely for streaming. "Streaming" means a contemporaneous digital transmission of the material via the internet to a user operated internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

(3) The licence shall be valid for 1 year from the date the digital content is actually provided for streaming.

§ 6 Right of retention


You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

§ 7 Choice of law

(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) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.




II. Customer Information
1. Identity of the supplier

Daniela Dägele
Bachemer Str. 57
50931 Köln
Germany
Telephone: +49 (0) 15221802819
E-Mail: daniela@earthyme.de


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.
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.

4. Main features of the digital content


The key features of the digital content can be found in the respective quote.

5. Prices and payment arrangements


5.1. The prices mentioned in the respective offers represent total prices. They include all the price components, including all the incidental taxes.

5.2. You must also bear the costs arising from money transfers in cases in which the payment is initiated outside of the European Union.

5.3. The payment methods that are available to you can be found by clicking the button "Payments" on our website. They are also displayed for selection in the online checkout process.

5.4. The payment claims arising from the contract that has been concluded become payable immediately.

6. Delivery conditions


Unless otherwise specified in the quote, delivery shall be made immediately after payment authorisation by providing the digital content for streaming in your customer account. You are also informed about the provision via e-mail.

7. Statutory warranty right

The statutory warranty rights are applicable.

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/de/leistungen/rechtssicherheit/agb-service.
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