digital publishing AG | General Terms and Conditions (5/2022)
1.1. These General Terms and Conditions (GTC) apply to all language training products offered by digital publishing under the “Speexx” brand and thus to all related services including the supply of goods.
1.2. The offer is aimed at consumers, i.e. a natural person who concludes a legal transaction for purposes that cannot be primarily attributed to his or her business or independent professional activities. Within the meaning of these General Terms and Conditions, a business is any natural person or legal entity or partnership with legal capacity that performs its independent professional or commercial activity when concluding a legal transaction.
1.3. The business relationship between digital publishing and the consumer is subject to the following General Terms and Conditions, which were in effect at the date of order.
1.4. digital publishing does not recognize any terms and conditions by the consumer which conflict or deviate from these General Terms and Conditions unless digital publishing has expressly agreed to them in writing. The execution of contracted services does not imply approval of conflicting conditions of the customer.
2.1. Basis for the contract is the offer submitted by digital publishing in the shop or (if a third party ordered the services for the consumer) upon the consumer’s first log-in.
2.2. The contract becomes binding once this offer has been accepted by the consumer. digital publishing reserves the right to withdraw from the contract, if digital publishing, due to unforeseen impediments and despite all reasonable efforts to deliver, is unable to deliver.
3. Delivery of Goods
Unless otherwise agreed, the goods will be delivered to the delivery address specified by the customer. Shipping is by parcel post or for larger deliveries by carrier. All goods are delivered free of shipping costs.
4. Intangible Services
digital publishing provides its intangible services in the location specified by the customer or by means of distance communication. The customer is responsible for providing all the necessary conditions for the implementation of the services in this location so that digital publishing can fulfill its contract.
5. Requirements for use of the online courses
To use the online language course offer, participants must have a valid email address and a suitable internet connection.
6. Payment and due date, right of refusal
6.1 Clauses 6.2 to 6.5 do not apply where a third party has ordered the services for the consumer. In this case the third party will be invoiced. digital publishing has the right to refuse to completely or partially provide the services contracted and In particular, digital publishing may block the participant’s access to the system as long as that third party is completely or partially defaulted on payment after a deadline set by digital publishing.
6.2. Unless otherwise expressly agreed, digital publishing will invoice the customer for all of the contracted services at contract commencement.
6.3. The invoice amount is due immediately. Upon the expiration of the payment period, the customer is in default without need of a reminder.
6.4. If the customer is completely or partially in arrears with an amount due for payment, digital publishing is entitled to set a deadline for payment. If after that deadline the customer has still completely or partially defaulted on payment, digital publishing reserves the right to refuse to completely or partially provide the services contracted. In particular, digital publishing may block the participant’s access to the system until overdue payments have been made.
6.5. All transactions will be handled in Euro. If your credit card account is in a currency other than Euro, you may be subject to a foreign currency transaction fee. Please consult your bank or credit card provider if you are unsure. We are not responsible for the exchange rate of any charges your bank or issuing credit card company may charge you.
7. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (digital publishing AG, Tumblingerstr. 32, 80337 München, Tel.: +49 89 74748220, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
Complete and return this form if you wish to withdraw from the contract:
digital publishing AG
Tel.: +49 89 74748220
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), ____________________________________________
Ordered on (*)/received on (*), ________________________________________________
Name of consumer(s), _________________________________________________
Address of consumer(s), ___________________________________________________
Signature of consumer(s) (only if this form is notified on paper),
Customers are entitled to statutory warranty rights for 24 months after delivery of the goods or provision of the digital content/services. It is not considered insufficient fulfillment of the contractual services by digital publishing when technical conditions on the side of the client and / or the students are not present and cannot be created with reasonable effort by the support of digital publishing, or if the contractual services are made difficult or impossible due to events beyond the control of digital publishing, such as disruption of the internet connection.
9. Liability Limitations
digital publishing is liable for any damages incurred in connection with the performance of the training course, provided the damage was caused through gross negligence by digital publishing, or, in violation of key contractual obligations, through simple negligence. digital publishing is liable for consequential damages even in cases of gross negligence only if the damage was contractually typical and foreseeable. Third parties engaged by digital publishing are liable only if they acted intentionally.
10. Copyright and Ownership
10.1. Products or material developed for the client as part of a training course (training or detailed concepts, scripts, documentation, etc.) remain the property of digital publishing. The client acquires a non-exclusive, non-transferable right to use the products or material during the contract period. Excluded are all supplied standard course material (online solution and accompanying printed materials). The client is not entitled to use the material in a different form, in particular to publish or otherwise make use of the material, or of the edits and enhancements thereof, in order to develop or market competing products.
10.2. digital publishing guarantees that in the fulfillment of its contract only programs, data and documents are used o which digital publishing has sufficient rights. Thus digital publishing also ensures that the services are free of third party rights, and / or that no other copyrights rights are violated.
12. Reservation of Proprietary Rights
Until full payment has occurred, delivered goods remain the legal property of digital publishing.
13. Applicable Law and Final Provisions
13.1 German law applies with the exclusion of the rules of private international law and excluding the CISG. This shall not have the result of depriving the consumer of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law of the country where the User/Consumer has their habitual residence.
13.2 Should individual provisions of the contract, including these Terms and Conditions, be or become invalid or should the contract contain a gap, the validity of the remaining provisions shall remain unaffected. In place of invalid or missing provisions, the relevant legal regulations become valid.
14. Out-of-court settlements
We are not obliged to and do not commit ourselves to engage in out-of-court settlements before consumer arbitration bodies. However, we are obliged to inform you that the European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/.
digital publishing AG
Tel. +49 (0)89-74 74 82-55