Terms of Service
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§ 1. Scope
1.1 These general terms and conditions apply to the use of e-learning courses, digital scripts, e-books and QM documents (products with digital content) as well as to the purchase of books and printed scripts (print products) from Ninoy GmbH, An der Horeburg 20, 21079 Hamburg - hereinafter referred to as "provider".
1.2 These General Terms and Conditions apply exclusively. General terms and conditions, including any purchasing conditions of the contractual partner, do not apply and are hereby excluded. The contractual terms of the contractual partner do not become part of the contract even if the provider does not expressly object to them.
1.3 In principle, the provider only accepts orders from customers with their usual place of residence or registered office as well as billing address and (in the case of goods deliveries) delivery address in Germany, Austria or Switzerland. The publisher will submit a written offer to other customers upon request.
1.4 By placing an order, the contractual partner agrees to the validity of these General Terms and Conditions.
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§ 2. Conclusion of contract / availability of products with digital content
2.1 The quoted or mentioned prices, price offers and descriptions of products with digital content do not constitute an offer and can be withdrawn or changed by the provider at any time before the express acceptance of your order.
2.2 Although the provider endeavors to ensure the availability of digital content, it cannot guarantee that all courses are available at the time of ordering. Should the provider not be able to process or fulfill the order of the contractual partner, the provider can reject it without further liability. If this occurs, the provider will inform the contractual partner of this and refund all payments already made for the product.
2.3 Access to the products with digital content is usually password-protected by means of remote data transmission using the access data selected by the contractual partner (e-mail and password). The access data is only valid for one user. The contractual partner is obliged to keep the access data and passwords secret and to prevent unauthorized use of the courses by third parties. In the event of misuse, the provider is entitled to block access. The contractual partner is liable for misuse for which he is responsible.
2.4 The contractual partner is responsible for creating the technical requirements for access to the products with digital content, in particular with regard to the hardware and operating system software used, the connection to the Internet including ensuring the connection speed, the current browser software and the acceptance of the server cookies transmitted by the provider and bears all costs in connection with the fulfillment of these requirements. In the event of further development of the software platforms and other technical components of the system by the provider, it is incumbent on the contractual partner, after being informed by the provider, to take the necessary adjustment measures for the software and hardware used by the contractual partner (e.g. through a browser update).
2.5 The products with digital content are generally available 24 hours a day, seven days a week. Any downtime, for example due to technical maintenance, does not lead to the termination of the contract. The provider is entitled to change, restrict or exchange the content of the courses and to appropriately modify modules with regard to their content, in particular to reduce or expand them appropriately.
2.6 An order placed by the contractual partner constitutes an offer to the provider to use the products with digital content under these terms of use. All orders placed by the contractual partner are subject to the subsequent acceptance by the provider. The order for a course is made via the processing system provided on the website.
2.7 A contract between the contractual partner and the provider for the use of products with digital content comes about when the provider expressly accepts the purchase offer made by the contractual partner in the online shop with an order confirmation._cc781905-5cde-3194-bb3b- 136bad5cf58d_
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§ 3. Conclusion of contract / availability of print products
3.1 The quoted or mentioned prices, price offers and descriptions of print products do not constitute an offer and can be withdrawn or changed by the provider at any time before the express acceptance of your order.
3.2 In the case of print products that are in stock, the delivery within Germany takes place within 8 working days (Monday to Friday) after receipt of payment at the latest. Within the EU, the provider delivers within 14 working days at the latest. The delivery takes place by post, standard parcel service or forwarding agent and depends on the order quantity, from which the transport route is derived.
3.2 If print products cannot be delivered, the expected month of publication will be stated, after which the provider will deliver within the above-mentioned deadlines (prior notice). The customer can withdraw from the contract up until delivery.
3.3 An order placed by the contractual partner constitutes an offer to the provider to use the print products under these terms of use. All orders placed by the contractual partner are subject to subsequent acceptance by the provider. Print products are ordered via the processing system provided on the website.
3.4 A contract between the contractual partner and the provider for the purchase of print products comes about when the provider expressly accepts the purchase offer made by the contractual partner in the online shop by means of an order confirmation.
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§ 4. Rights of use / period of use / consequences of misuse of rights of use
4.1 Within the framework of the usage contract and the following provisions, the contractual partner receives the simple, non-transferrable right to use the products with digital content, limited to the duration of the usage contract.
4.2 The right to participate during the term of the contract includes access to the contractual products with digital content and the right to access (online) the products with digital content on a data-processing device (computer) belonging to the contractual partner or a third party for one’s own purposes.
4.3 Participation is limited to the contractual partner. The retrieved products with digital content may only be used by him for his own use during the period of use. Any commercial transfer, in particular the sale, rental, leasing or lending of products with digital content is prohibited. It is also not permitted for unauthorized third parties to collect elements of the computer programs belonging to the products with digital content, to duplicate them, to copy them to other data carriers or to save them on retrieval systems.
4.4 The use of the products with digital content is limited to a period of 180 days from the start of the contract, unless a different duration is specified in the service description. The right of each party to extraordinary termination for good cause remains unaffected. The provider is entitled to take technical measures to prevent use beyond the contractually permissible scope, in particular appropriate access blocks.
4.5 The contractual partner is not entitled to use devices, programs or other means that serve to circumvent or overcome the provider's technical measures. In the event of a violation by the contractual partner, the provider is entitled to block access to courses immediately and to terminate the contract without notice. Further rights and claims of the provider, in particular claims for damages, remain unaffected. Upon termination of the contract, the provider is entitled to immediately block the contractual partner's access to the respective course.
4.6 The legal right to make a copy according to § 53 UrhG is not covered by the contract of use.
§ 5. Rights of the Provider
5.1 The products with digital content provided by the provider as well as the print products are protected by copyright. All rights justified by this, in particular those of reprinting, translation, reproduction by photomechanical or similar means, storage and processing with the help of EDP or their distribution in computer networks - even in part - are reserved by the provider or the authors and license holders.
5.2 The contractual partner does not receive any ownership or exploitation rights to the content or programs provided. Trademarks, company logos, other marks, or protective notices, copyright notices, serial numbers, as well as other features serving to identify the provider or the grantor of the right of use or individual elements thereof may not be removed or changed.
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§ 6. Remuneration / adjustment of remuneration / terms of payment
6.1 When ordering in the online shop, payment can be made by bank transfer (prepayment) or PayPal. In individual cases, the provider reserves the right to exclude individual payment options.
6.2 All payments must be made in full prior to using any Digital Content Products. In case of termination of the use of products with digital content, no payments will be refunded.
6.3 Any exam fees must be paid to the examiner prior to the exam.
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§ 7. Liability for defects, guarantees and assurances
7.1 To the best of its knowledge and belief, the provider has compiled and checked all of the products with digital content provided and the information provided in the print products. However, the provider assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the provider relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded.
7.2 The contractual partner must notify the provider immediately in writing of any defects, disruptions or damage that occur. The provider will remedy defects within a reasonable period of time after receiving a comprehensible description of the defect from the contractual partner. A right of termination due to non-granting of use pursuant to Section 543 Paragraph 2 No. 1 BGB only exists if the defect is not remedied within a reasonable period of time or can be regarded as having failed.
7.3 No guarantee is given that the use of the courses will not infringe property rights or copyrights of third parties or cause damage to third parties. The provider is not aware of any such rights to date.
7.4 The provider assumes no liability for the products provided with digital content and the print products being suitable for the purposes of the contractual partner. Statements and explanations about the courses in advertising materials and on the provider's website and in the documentation are to be understood exclusively as a description of the condition and not as a guarantee or assurance of a property.
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§ 8. Delivery and dispatch of print products
8.1 The provider bears the costs for the uninsured shipping of print products. If partial deliveries are made by the provider, the latter bears the additional shipping costs (also uninsured).
8.2 Deliveries within the EU are made with Deutsche Post and/or DHL. Deliveries to other countries are made either by Deutsche Post or its partner DHL.
8.3 The provider will make such items, which require shipping, ready for shipping within a maximum processing time of 7 days after receipt of payment.
8.4 When goods are imported into countries outside of Germany, import restrictions and import duties may apply, which the customer has to bear. These vary in the different customs areas. The customer is responsible for the proper payment of the necessary customs duties and fees.
§ 9. Limitation of Liability
9.1 The liability of the provider for damages and reimbursement of expenses is limited to the purchase value, regardless of the liability reason.
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9.2 The limitation of liability according to Section 9.1 does not apply insofar as damage is based on intentional or grossly negligent behavior or fraudulent intent on the part of the provider or its vicarious agents, as well as for damage based on the breach of obligations for the fulfillment of which the provider has assumed a guarantee and for Damage resulting from injury to life, limb or health or for damage for which liability is assumed under the Product Liability Act.
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9.3 The no-fault liability of the provider for defects that already existed at the time the contract was concluded according to § 536a para. 1 half. 1 BGB is excluded.
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9.4 The statute of limitations for claims for damages is based on the statutory provisions. A change in the burden of proof to the detriment of the contractual partner is not associated with the above regulations.
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9.5 The above provisions also apply to the employees and vicarious agents of the provider.
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§ 10. Choice of law / place of jurisdiction / ancillary agreements / written form
10.1 German law applies exclusively to legal disputes arising from or in connection with this contract.
10.2 For merchants or persons without permanent residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract is Berlin. Verbal collateral agreements do not exist.
10.3 Additional or deviating agreements must be in writing to be effective. The written form requirement can only be waived by written agreement.
10.4 Should a provision of the GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid regulation, the statutory regulation applies. The parties undertake to agree on a regulation that comes as close as possible to the meaning and purpose of the invalid regulation.
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§ 11 Cancellation policy
Please note: If the order contains several products, the applicable regulation applies to each product. Several regulations apply in parallel to a combination of delivery of digital and non-digital content.
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Cancellation policy for products with digital content (eLearning courses, digital scripts, e-books and QM documents)
Digital content is "data that is produced and made available in digital form" (§ 312f Abs.3 BGB nF with reference to the legal definition in Article 2 No. 11 of the Consumer Rights Directive). You have the right to withdraw from this contract within fourteen days without giving any reason. According to Section 356, Paragraph 2, No. 2 of the German Civil Code (new version), the cancellation period begins with the conclusion of the contract and lasts fourteen days from the day the contract was concluded. In order to exercise the right of withdrawal, the contractual partner must inform the provider of his decision to withdraw from this contract by means of a clear statement by email. To meet the cancellation deadline, it is sufficient for the contractual partner to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
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If the contractual partner revokes this contract, the provider must repay all payments immediately and at the latest within fourteen days from the day on which the ordered goods were received by the provider. For the repayment, the provider uses the same means of payment that the contractual partner used in the original transaction, unless something else was expressly agreed with you; under no circumstances will fees be charged for the repayment.
The revocation must be sent to:
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§ 12 Waiver of revocation
The right of withdrawal for digital content expires according to § 356 paragraph 5 BGB if the contractual partner has started to perform the contract after the consumer has expressly agreed that he will start performing the contract before the expiry of the cancellation period and has confirmed that he loses his right of withdrawal through his consent at the beginning of the execution of the contract.
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Cancellation policy for print products (books and bound scripts)
You have the right to withdraw from this contract within fourteen days without giving any reason. According to Section 356 Paragraph 2 No. 2 BGB new version, the cancellation period begins with the conclusion of the contract and lasts fourteen days from the day on which the contractual partner took possession of the products provided by us. In order to exercise the right of withdrawal, the contractual partner must inform the provider of his decision to withdraw from this contract by means of a clear statement by email. To meet the cancellation deadline, it is sufficient for the contractual partner to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation.
In the event of a revocation, the contractual partner must send back the goods or hand them over to the provider immediately and in any case no later than fourteen days from the day on which he announced the revocation of this contract. The deadline is met if the goods are sent before the period of fourteen days has expired. The withdrawing contractual partner bears all direct costs of returning the goods. The contractual partner only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
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If the contractual partner revokes this contract, the provider must repay all payments immediately and at the latest within fourteen days from the day on which the ordered goods were received by the provider. For the repayment, the provider uses the same means of payment that the contractual partner used in the original transaction, unless something else was expressly agreed with you; under no circumstances will fees be charged for the repayment.
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The revocation must be sent to:
sarbandi@sarbandi.com
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