Terms and conditions created by the generator of the German lawyer hotline AG
These Terms and Conditions (AGB) apply to all transactions between the customer and
represented by Susan Jane Alexiadis
Address: Grundelstraße 7 81825 Munich Germany
Tel: +49 (0) 1722704776
E-mail address: firstname.lastname@example.org
sales tax identification number: DE298857117,
hereinafter referred to as the provider.
This agreement governs the sale of new goods and services in the field of English language and literacy through the provider’s online shop. Because of the details of the respective offer, reference is made to the product description on the offer page. By visiting the ENS® website and/or purchasing something from the provider, you engage in the provider’s “service” and agree to be bound by the following terms and conditions.
The contract is concluded exclusively in electronic commerce via the shop system. The presented offers represent a non-binding invitation to submit an offer through the customer order, which the provider can then accept.
The order process for concluding the contract includes the following steps in the shop system:
- Click on the desired programme
- Enter first name, last name, E-Mail address and password
- Agree to Terms & Conditions
- Agree to Data Protection Policy
- Click on the button “Submit Payment”
- Enter credit card details
- Click on the button “Pay” with the specified price
- Following the purchase of downloadable learning programmes, you will receive a welcome email outlining how to use the product and receive support
The order of the service is chargeable. There are costs of: €97 for one year of the programme and €177 for the complete learning programme. Books from the online bookshop are charged separately at the prices listed. Prices for our services and products are subject to change without notice.
By sending the order confirmation, the contract is concluded.
PLEASE NOTE: Downloadable learning programmes will be not refunded under any circumstances.
The contract is concluded for an indefinite period.
Retention of Title
Until full payment, the delivered goods remain the property of the provider.
The provider reserves the right not to provide, in the case of unavailability of the promised service.
Prices, Shipping Costs, Return Costs
All prices are final and include the legal amount of Value Added Tax (VAT). In addition to the final prices, depending on the shipping method, there may be additional costs that will be displayed before the order is sent. For orders of 0€ or more, no shipping costs will be charged. If there is a right of withdrawal and the customer makes use of this provision, the customer bears the cost of the return. Delivery/postage, handling and other surcharges are not refundable.
Terms of Payment
The customer has only the following options for payment: credit card. Further payment methods will not be offered and will be rejected.
When paying by credit card, the customer must be the cardholder. The credit card will be charged immediately.
A right of retention of the customer, which is not based on the same contractual relationship, is excluded.
Compensation resulting from claims of the customer are excluded, unless these are undisputed or legally established.
The programme will be available immediately for consuming and downloading, after receipt of payment has been confirmed.
The shipping time for books is on average 7 days.
The provider does not send books directly. The order will be shipped from the manufacturer as soon as the entire order is in stock. The customer will be informed about delays.
If the provider is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by own suppliers, although a corresponding cover transaction was made in good time, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and any payments received will be refunded.
Consumers are entitled to a statutory warranty liability according to the relevant provisions of the Civil Code (BGB). If circumstances require deviation from this code, the warranty is based on the regulations set out in the General Terms and Conditions (GTC).
The provider is granted the right to choose between a repair or a new delivery if the goods are new and the customer is an entrepreneur.
If the customer is an entrepreneur, the warranty is excluded for second-hand goods.
If the customer is a consumer, the warranty period for used goods is limited to one year.
This does not apply to claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply.
If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods passes to the customer upon dispatch, with the delivery of the goods to the selected service provider.
Right of Withdrawal and Customer Service
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from…
In the case of a contract of sale: the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last of the goods.
In the case of a contract for several goods ordered by the consumer under a single order and delivered separately: the day on which you or a third party named by you, who is not a carrier, has or has taken possession of the last of the goods.
In the case of a contract for the delivery of a good in several lots or pieces: the day on which you or a third party named by you, who is not a carrier, has or has taken possession of the last partial shipment or the last shipment.
In the case of a contract for the regular delivery of goods for a fixed period of time: the day on which you or a third party named by you, who is not a carrier, has or has taken possession of the first goods.
When several alternatives are applicable, the latest time is decisive.
In order to exercise your right of withdrawal, you must, by means of a clear statement (e.g. a letter sent by mail, fax, or e-mail) inform the provider (ENS®, Susan Jane Alexiadis, Grundelstraße 7 Munich email@example.com) about your decision to withdraw from this contract.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Cancellation
PLEASE NOTE: Downloadable learning programmes will not, under any circumstances, be refunded once the download link has been received.
Books and other items may be returned under general guarantee if in original condition and within a 14-day decision period for a full refund, including delivery charges (with the exception of any additional costs arising from your choosing a different delivery method than the standard delivery offered by us). The fourteen-day period commences on the date on which the notification of your revocation of this contract reached us. For this repayment to occur, you must provide us with your bank details. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
PLEASE NOTE: If a return is not due to the provider’s fault, a 20% restocking fee will be applied.
You are obliged to return the goods immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract, to ENS® (Susan Jane Alexiadis, Grundelstraße 7 Munich firstname.lastname@example.org). The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to handling which is inappropriate to the nature, characteristics and functioning of the goods.
We take no responsibility for lost or missing parcels if customers instruct us to leave parcels somewhere without person-to-person delivery confirmation, which usually involves a signature-on-delivery service.
End of Revocation
You can contact our customer service, ENS®, Susan Jane Alexiadis, Grundelstraße 7 Munich via E-Mail at email@example.com.
Our learning programmes are registered to an individual, as the buyer, for use only by the individual for his/her own children. In special circumstances, our programmes may be purchased by a teacher for use with one class for one year on one physical site. This is not only a condition of our copyright but it is also a condition you accept once you buy and/or use our resources. Please ensure you keep a back-up copy of your downloaded purchases.
The buyer agrees to abide by the following:
Except as permitted by the Copyright Act 1965 (BGBl. I), you may not reproduce or communicate any of the contents of these publications, without the written permission of the copyright owner.
You may be entitled to reproduce or communicate from these publications for educational purposes under the Copyright Act, or for government purposes under the Copyright Act. For more information, contact us or visit www.urheberrecht.de. Any and all reproductions made from these publications during copyright sampling must be documented and acknowledged to author Susan Jane Alexiadis or the copyright owner stated on the page.
No part of these publications may be disassembled or used in any other way without permission. Any reproductions made, if permissible, must preserve any embedded user registration identification.
Please note that our copyright provisions may alter without notice over time and such alterations will take precedence and be enforceable over any earlier provisions.
We rely heavily on users attributing any copying of our works to the author when they are surveyed, as the sales of our resources alone do not cover the cost of their development.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of the service or access to the service or any contact on the website through which the service is provided, without express written permission by us.
PLEASE NOTE: The downloading of purchased documents is limited to a maximum of 4 times per document per customer.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We may, but have no obligation to, monitor, edit or remove website content. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Your submission of personal information through the store is governed by our Data Protection Policy.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after you have submitted an order).
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any guarantee of customer success or satisfaction.
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Assignment and Pledge Ban
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
Language, Jurisdiction and Applicable Law
The contract is written in English. The further implementation of the contractual relationship takes place in English. It exclusively applies the law of the Federal Republic of Germany. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law or a special fund under public law is the registered office of the provider.
In connection with the initiation, conclusion, settlement and reversal of a purchase contract on the basis of these terms and conditions, the provider collects, stores and processes data. This happens in the context of the legal regulations. The provider does not disclose any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly previously consented. If a third party is used for services in connection with the processing of data, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer by way of order will only be processed to establish contact within the scope of the contract and only for the purpose for which the customer provided the data. The data will only be passed on as far as necessary to the shipping company, which takes over the delivery of the goods according to the order. The payment details will be forwarded to the bank responsible for the payment. Insofar as the provider meets retention periods of a commercial or tax nature, the storage of some data may take up to ten years. During the visit to the Internet shop of the provider, anonymized data that does not allow for inferences on personal data and also do not intend, in particular IP address, date, time, browser type, operating system and pages visited, logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the scope of the legal provisions. Information about all personal data of the customer can be obtained. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
ENS®, Susan Jane Alexiadis Grundelstraße 7, Munich firstname.lastname@example.org.
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO
The European Commission provides an Online Dispute Resolution (OS) platform at http://ec.europa.eu/consumers/odr/.
Please note: according to § 36 Abs. 1 Nr. 2 VSBG, we would like to point out that we are in principle willing to participate in dispute resolution proceedings before a consumer arbitration board. Consumers may contact the following consumer dispute resolution body:
General Consumer Arbitration Centre of the Centre for Mediation e.V.
Contact: Straßburger Straße 8, 77694 Kehl
Tel.: +49 7851 79579 40
Fax: +49 7851 79579 41
This arbitration board is a ‘general consumer arbitration board’ according to § 4 para. 2 sentence 2 VSBG.