Terms and conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (EcuFiles24 GmbH) via the website ecufiles24.de. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. A business customer is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the course of their self-employed professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods, including digital content (data created and supplied in digital form).

(2) By placing the respective product on our website, we are already making you a binding offer to conclude a contract through the online shopping cart system on the terms stated in the item description.

(3) The contract is concluded through the online shopping cart system as follows:
The goods you intend to purchase are placed in the “Shopping cart”. You can access the “Shopping cart” using the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” button (or a similarly labelled button) and entering your personal details and the payment and shipping terms, you will finally be shown the order details as an order overview.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the relevant selection or enter your details there. Finally, the order details are displayed as an order overview on the instant payment system provider’s website or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review and change the information in the order overview (including by using your internet browser’s “Back” function) or to cancel the order.
By submitting the order using the corresponding button (“Order with an obligation to pay”, “Buy” / “Buy now”, “Place a chargeable order”, “Pay” / “Pay now” or a similar label), you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for a quotation are non-binding on you. We will submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically possible and, in particular, that it is not prevented by SPAM filters.

§ 3 Licence to use digital content

(1) The digital content offered is protected by copyright. For each item of digital content purchased from us, you receive a licence to use it from the respective licensor. The type and scope of the licence are set out in the licence terms specified in the respective offer.

§ 4 Conclusion of the contract for courses

(1) The subject matter of the contract is the provision of courses.

Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You may submit a binding offer (order) through the online shopping cart system.
The courses you intend to book are placed in the “Shopping cart”. You can access the “Shopping cart” using the corresponding button in the navigation bar and make changes there at any time. After clicking the “Checkout” or “Proceed to order” button (or a similarly labelled button) and entering your personal details and the payment terms, you will finally be shown the order details as an order overview.
Before submitting your order, you have the opportunity to review and change all the information here (including by using your internet browser’s “Back” function) or to cancel the order.
By submitting the order using the corresponding button, you submit a binding offer to us.

(3) The offer is accepted (and the contract is thereby concluded) immediately after the order through a confirmation in text form (e.g. email) confirming your booking (booking confirmation). If you have not received such a message, you are no longer bound by your booking. Any payments already made will be refunded immediately in this case.

§ 5 Provision of courses

(1) Courses are held in the form described in the respective offers on the agreed dates.

(2) Where a course depends on the number of participants, the minimum number of participants is stated in the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g. by email) no later than 7 days before the course starts that the booked course will not take place. Any payments already made will be refunded immediately in this case.

(3) If an individual event is cancelled because the course instructor becomes unavailable at short notice due to illness or for another important reason, payments already made will be refunded immediately.
For events consisting of several sessions, if a session is cancelled because the course instructor becomes unavailable at short notice due to illness or for another important reason, the cancelled session will be held on a replacement date.

(4) When using course rooms and facilities, you must comply with the house rules displayed on site. You must follow our instructions and those of the course instructor.

§ 6 Special agreements on the payment methods offered

(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered through “PayPal” / “PayPal Checkout”, payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods available through “PayPal” are displayed under an appropriately labelled button on our website and during the online ordering process. “PayPal” may use other payment services to process payments; where special payment terms apply, you will be informed of them separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Stripe”
If you select a payment method offered through “Stripe”, payment is processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods available through “Stripe” are displayed under an appropriately labelled button on our website and during the online ordering process. “Stripe” may use other payment services to process payments; where special payment terms apply, you will be informed of them separately. Further information about “Stripe” can be found at https://stripe.com/de.

§ 7 Right of retention, retention of title

(1) You may exercise a right of retention only in respect of claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business customer, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title passes to you, they may not be pledged or transferred as security.

b) You may resell the goods in the ordinary course of business. In this event, you hereby assign to us all claims arising from the resale in the amount of the invoice, and we accept the assignment. You remain authorised to collect the claim. However, if you do not duly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in the proportion of the invoice value of the goods subject to retention of title to the other items processed at the time of processing.

d) At your request, we undertake to release the securities to which we are entitled to the extent that their realisable value exceeds the claim to be secured by more than 10%. We shall choose which securities to release.

§ 8 Warranty

(1) The statutory rights in respect of defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are a business customer, the following applies in place of the above warranty provisions:

a) Only our own information and the manufacturer’s product description are deemed to constitute the agreed quality of the goods, not other advertising, public promotions or statements by the manufacturer.

b) In the event of defects, we shall provide a remedy, at our discretion, by repair or replacement. If the remedy fails, you may, at your discretion, request a price reduction or withdraw from the contract. The remedy is deemed to have failed after an unsuccessful second attempt, unless a different conclusion follows, in particular, from the nature of the goods or defect or from other circumstances. In the case of repair, we are not required to bear increased costs arising from moving the goods to a place other than the place of performance, unless the move corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortened period does not apply:

to damage attributable to us and culpably caused by injury to life, limb or health, or to other damage caused intentionally or through gross negligence;
where we have fraudulently concealed the defect or provided a guarantee as to the quality of the item;
to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
to statutory rights of recourse that you have against us in connection with rights arising from defects.

§ 9 Choice of law, place of performance, jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favourability).

(2) Our registered office is the place of performance for all services arising from our business relationships and the place of jurisdiction if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known when proceedings are brought. This does not affect the right to bring proceedings before a court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

II. Customer information

1. Identity of the seller

EcuFiles24 GmbH
Bismarckstraße 53
66121 Saarbrücken
Germany
Telephone: 017683048615
Email: support@ecufiles24.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the possibilities for correcting errors are governed by the “Conclusion of the contract” provisions of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before submitting your order, you can print the contractual information using your browser’s print function or save it electronically. After we receive your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation requests made outside the online shopping cart system, you will receive all contractual information as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services are set out in the respective offer.

5. Prices and payment arrangements

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. No shipping costs are charged.

5.3. Deliveries to countries outside the European Union may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer charges (bank transfer or exchange rate fees charged by financial institutions), which you must bear.

5.4. You must bear any money transfer costs incurred (bank transfer or exchange rate fees charged by financial institutions) where delivery is made to an EU member state but payment is initiated outside the European Union.

5.5. The payment methods available to you are displayed under an appropriately labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

5.7. Unless otherwise agreed, when booking courses, payment must be made on site no later than the course date, before the course begins; otherwise there is no entitlement to participate.

6. Delivery terms, provision

6.1. Delivery terms, the delivery date and any delivery restrictions, as well as the terms for the provision of digital content, are stated under an appropriately labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the business or another person appointed to carry out the shipment.

If you are a business customer, delivery and shipment take place at your risk.

7. Statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information were prepared by the legal professionals at Händlerbund who specialise in IT law and are continually checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of formal warning notices. Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22.10.2024