1 | General, clientele, language
(1) All offers, sales contracts and services based on orders placed by our customers via our online shop www.dymance.com, (hereinafter the “online shop”), including orders placed by telephone, e-mail, fax or post are subject to these General Terms and Conditions of Business. Furthermore, these General Terms and Conditions shall also apply to sales on our business premises, unless the following provisions are specifically aimed at distance selling.
(2) The product range in our web shop is aimed equally at consumers and entrepreneurs, but only at end users. Consumer in the sense of these terms and conditions is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
(3) The customer’s terms and conditions shall not apply, even if we do not separately object to their validity in individual cases.
(4) The customer will be informed of changes to these terms and conditions in writing, by fax or by e-mail. If the customer does not object to this change within four weeks after receipt of the notification, the changes are deemed to be accepted by the customer.
2 | Conclusion of contract
(1) The presentation of the offered goods and services does not represent a binding offer of the seller. Only the order of a good or service by the customer constitutes a binding offer according to § 145 BGB. The seller can accept this offer within five days. If the seller accepts the purchase offer, he will send an order confirmation to the customer by e-mail.
(2) By placing an order in the online shop, which requires prior registration and acceptance of these General Terms and Conditions, the customer makes a binding offer to purchase the relevant product.
(3) We will send the customer a confirmation of receipt of the order immediately after receipt of the order, which does not constitute acceptance of the offer. The order is only considered accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
(4) After submission of the offer, the contract text is sent to the customer by email. If the customer has created a customer account, the contract text is stored in his or her customer account.
(5) The contract shall be concluded in German.
(6) The seller contacts the customer by e-mail and automated order processing. The customer ensures that the e-mail address entered by him is correct.
(7) In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in terms of time and place, to use the digital content provided for private and business purposes. A passing on of the contents to third parties, as well as a duplication for third parties is not permitted, if no permission was given by the seller.
3 | Prices and payment
(1) Our prices include the legal sales tax, but not shipping costs. Customs duties and similar charges shall be borne by the customer.
(2) Unless otherwise specified, payment claims arising from the contract concluded are due for payment immediately. Payment for the goods shall be made by means of the payment methods provided.
(3) If, contrary to expectations, a service ordered by the customer is not available, the customer will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.
4 | Shipment of the products
(1) The dispatch of the ordered goods is carried out according to the agreements made. Accruing shipping costs are listed with the product description and are shown separately on the invoice.
(2) Digital goods are made available to the customer in electronic form either as a download or by e-mail.
5 | Right of withdrawal
(1) The customer has the right to cancel this contract within fourteen days without giving reasons. The cancellation period is 14 days from the day the booking was made. In order to exercise the right of withdrawal, the customer must inform Dymance GbR (address, email), by means of a clear statement (letter or email) about his decision to withdraw from the contract.
(2) Consequences of revocation: In the event of a revocation, Dymance GbR is obligated to pay back the already paid service within 14 days. The right of withdrawal does not apply to services that have already been provided.
6 | Reservation of title
(1) We reserve title to the products delivered by us until full payment of the purchase price (including VAT and shipping costs) for the product concerned.
7 | Warranty, guarantee, right of return
(1) The statutory warranty period shall be two years from delivery, or one year in the case of used goods that have been inspected or serviced and repaired according to the manufacturer’s specifications, if the customer is a consumer.
8 | Limitation of liability/Declaration of no objection
(1) The seller is liable for intent and gross negligence. Furthermore, the Seller shall be liable for the negligent breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and on whose compliance a customer regularly relies. In the latter case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(2) The above exclusions of liability shall not apply in the event of injury to life, body or health. The liability according to product liability law remains unaffected.
(3) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.
(4 ) The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr We do not take part in dispute resolution proceedings before a consumer arbitration board.
(5) Dymance GbR assumes no liability for damage to health resulting from improper performance of the training exercises from the services or due to pre-existing conditions.
(6) By registering for the Dymance Remote Test, all participants acknowledge the terms and conditions of the competition and agree that the participant is solely responsible for his/her state of health when booking and conducting the test. Any medical claims will be liquidated through the health insurance company or privately. By participating in the Remote Test, the participant releases Dymance and Insycd from all liability claims. If the participant does not take part in the remote test and does not submit any data even after booking/purchasing, there is no claim to a refund of the fee. By registering, the participant acknowledges the organizer’s exclusion of liability for damages of any kind.
9 | Data protection
(1) We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and handling of the purchase contract and as long as we are obliged to store this data due to legal regulations.
(2) We will also not pass on other personal customer data to third parties without the express consent of the customer, except where we are legally obliged to release data.
(3) We are not permitted to collect, transmit or otherwise process the customer’s personal data for purposes other than those stated in this clause 9.
10 | Final provisions
(1) Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.
(3) Insofar as a consumer had his domicile or usual place of residence in Germany at the time of conclusion of the contract and has either relocated at the time of filing the action or his place of residence is unknown at that time, the place of jurisdiction for all disputes is the seller’s place of business.
If a consumer does not have his residence or habitual abode in a member state of the European Union, the courts at the seller’s place of business shall have exclusive jurisdiction for all disputes.
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller.
(4) Should individual provisions of this contract be ineffective or contradict the legal regulations, this shall not affect the rest of the contract. The invalid provision shall be replaced by the contracting parties by mutual agreement by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.