Terms and Conditions

§ 1 Subject matter, contractual partners Scope of application

(1) These General Terms and Conditions apply to all business relations between registered users and/or customers of the website stvo2Go.de and Markus Herbst (hereinafter referred to as “Provider”), Albert-Einstein-Straße 8, 76228 Karlsruhe, Germany.

(2) Markus Herbst, Albert-Einstein-Straße 8, 76228 Karlsruhe, Germany operates an online store for digital goods under the website https://www.stvo2go.de/shop/. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer”) in the version valid at the time of the order, unless otherwise expressly agreed.

(3) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity, a partnership with legal capacity being a partnership endowed with the capacity to acquire rights and incur liabilities.

(4) By placing an order in the online store and/or registering on the stvo2Go.de website, the contractual partner agrees to the validity of these General Terms and Conditions.

(5) In principle, the Provider accepts orders only from customers with their usual place of residence or registered office in Germany. For other customers, we will be happy to submit a written offer.

(6) These General Terms and Conditions shall apply exclusively. Any terms and conditions contrary to or deviating from these General Terms and Conditions that you may use will not be recognized.

§ 2 Conclusion of a contract, storage of the contract text

(1) The following regulations on the conclusion of the contract apply to orders placed via our online store https://www.stvo2go.de/shop/.

(2) The presentation of the goods in our online store does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

(3) In case of conclusion of the contract, the contract is concluded with

Markus Herbst
Albert-Einstein-Straße 8
76228 Karlsruhe

materialize.

(4) Upon receipt of an order in our online store, the following rules apply:

The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store.

The order is made in the following steps:

Selection of the desired goods
Confirm by clicking the buttons “Order now” or “Pre-order now”.
Checking the information in the shopping cart
Calling up the order overview by clicking on the “Proceed to checkout” button
Logging in to the online store after registering and entering the login details (e-mail address and password).
Input/verification of personal data
Selection/verification of the payment method
Re-checking or correction of the respective entered data
Completion of the order by confirming the General Terms and Conditions, the revocation provisions, the data protection provisions and the button “Order subject to payment” or “Buy now”. This represents your binding order
The contract is concluded when you receive an order confirmation from us within three working days after the purchase/order to the specified e-mail address.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the contract text after conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.

(7) We shall confirm receipt of the order immediately by means of an automatically generated e-mail (“Order Confirmation”). With this we accept your offer.

(8) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

(9) You can view your past orders in our customer area under My Account –> Dashboard –> Orders.

§ 3 Online Shop: Conclusion of Contract and Availability of Products with Digital Content

(1) The prices, quotations and descriptions quoted or mentioned do not constitute an offer and may be withdrawn or modified by the supplier at any time prior to the express acceptance of your order.

(2) There is no claim to the conclusion of a contract and/or registration as a user of stvo2Go.de.

(3) Although the Provider endeavors to ensure the availability of digital content, it cannot guarantee that all courses will be available at the time of the order. In the event that the Provider is unable to process or fulfill the Contractual Partner’s order, the Provider may reject it without further liability. Upon occurrence of this case, the Provider shall inform the Contractual Partner about this and refund all payments already made for the product.

(4) Access to the online courses and the protected areas on stvo2Go.de is generally password-protected by means of remote data transmission using access data (e-mail and password).

(5) The access data is only valid for one user.

(6) The contract 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 contracting party shall be liable for any misuse for which it is responsible.

(7) The Contractual Partner shall be responsible for creating the technical prerequisites for access to the courses and the chargeable 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 cookies transmitted by the Provider’s server, and shall bear all costs in connection with the fulfillment of these prerequisites.

(8) The protected content and online courses are generally available seven days a week, 24 hours a day, with an availability of 98% calculated for the calendar year. Possible downtimes, e.g. due to technical maintenance, do not lead to a termination of the contract.

§ 4 Subject matter of the contract and essential characteristics of the products

(1) In our online store is the subject of the contract:

The sale of digital goods, e.g. online courses, software or media downloads. The specific digital goods offered can be found on our item pages.

(2) The essential characteristics of the digital goods can be found in the item description.

(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 5 Prices

(1) The prices stated in the respective offers are total prices and include all price components including all applicable taxes.

(2) The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately.

§ 6 Registration

(1) For protected (free or paid) areas on stvo2Go.de a registration as a user is necessary. Certain mandatory information is required during registration. Which of these details are mandatory can be seen from the mandatory fields specified during registration on stvo2Go.de.

(2) Upon termination of the contract, the Provider is entitled to immediately block the Contractual Partner’s access to the respective course.

§ 7 Participation in online courses

(1) Via the website stvo2Go.de, the Provider offers the possibility to participate in online courses and to retrieve protected content via a web-based infrastructure. The content of the respective online courses is provided by the provider.

(2) Video tutorials and instructions on the Website cannot be downloaded to a PC or Mac. In exceptions, however, a video is released for download, this is then in each case next to the instructions.

(3) After booking an online course, the customer receives access to the respective course after purchase. A claim to access exists only after payment for the online course has been made.

(4) A monitoring of the learning success in the sense of § 1 paragraph 1 number 2 FernUSG takes place.

(5) The Provider is entitled to change, limit or exchange the contents of the courses as well as to modify modules appropriately with regard to their contents, in particular to reduce or expand them appropriately.

§ 8 Rights of Use / Period of Use / Consequences of Misuse of Rights of Use

(1) Within the scope of the license agreement and the following provisions, the contracting party shall be granted the right to use the products with digital content for a limited period of time and non-transferable to third parties.

(2) The right to participate during the term of the contract includes access to the contractual products with digital content as well as the authorization to retrieve (online) the products with digital content on a data-processing device (computer) belonging to the contract partner or a third party for the contract partner’s own purposes.

(3) Participation shall be 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 selling, renting, leasing or lending of products with digital content is prohibited. It is also not permitted to collect elements of the computer programs belonging to the products with digital content for third-party use by unauthorized third parties, to duplicate them, to copy them onto further data carriers or to store them on retrieval systems.

(4) Use of the products with digital content is limited to the period specified in the product description from the start of the contract.

(5) The right of each party to extraordinary termination for good cause shall remain unaffected. The Provider is entitled to take technical measures to prevent use beyond the contractually permitted scope, in particular appropriate access blocks.

(6) The Contractual Partner shall not be 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 shall be entitled to immediately block access to online courses and to terminate the contract without notice for exceptional reasons. Further rights and claims of the Provider, in particular claims for damages, shall remain unaffected. Upon termination of the contract, the provider is entitled to immediately block the contract partner’s access to the respective course.

(7) The contract of use does not cover the statutory right to make a copy pursuant to Section 53 UrhG.

§ 9 Rights of the provider

(1) The contents provided by the provider are protected by copyright.

(2) All rights justified thereby, in particular those of reprinting, translation, reproduction by photomechanical or similar means, storage and processing with the aid of EDP or their dissemination in computer networks – including excerpts – are reserved for the provider or the authors and license holders.

(3) The contractual partner shall not receive any ownership or exploitation rights to the content or programs provided.

(4) No guarantee is given that the use of the courses will not infringe on the property rights or copyrights of third parties or cause damage to third parties.

(5) The Provider is not aware of any such rights to date.

(6) The right of the contracting party to claim damages in accordance with the provisions set forth herein shall remain unaffected if the statutory requirements are met.

§ 10 Right of retention

You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§ 11 Right of withdrawal

As a consumer you have a right of withdrawal. This is governed by our revocation provisions.

§ 12 Liability, Guarantees and Warranties

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our obligation to take action and to fulfill the contractually owed performance.

(3) The Provider has compiled and checked all provided products with digital content to the best of its knowledge and belief. However, the provider does not assume any liability for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

(4) The liability of the supplier for damages and reimbursement of expenses is limited to the purchase value, regardless of the reason for liability.

(5) The strict liability of the Provider for defects already existing at the time of conclusion of the contract pursuant to Section 536a (1) half-sentence 1 BGB is excluded.

(6) The limitation period for claims for damages shall be governed by the statutory provisions. A change in the burden of proof to the detriment of the contractual partner is not associated with the above provisions.

(7) The Contractual Partner shall immediately notify the Provider in writing of any defects, malfunctions or damage that occur. The Provider shall remedy defects within a reasonable period of time after receipt of a comprehensible description of the defect by the Contractual Partner. A right of termination for non-granting of use pursuant to Section 543 (2) No. 1 of the German Civil Code (BGB) shall only exist if the defect is not remedied within a reasonable period of time or is deemed to have failed.

(8) No guarantee is given that the use of the online courses will not infringe on the property rights or copyrights of third parties or cause damage to third parties. The provider is not aware of any such rights to date.

(9) The Provider assumes no liability that the products with digital content provided are suitable for the purposes of the Contractual Partner. Statements and explanations regarding the online courses in advertising materials as well as on the provider’s website and in the documentation are to be understood exclusively as a description of the quality and not as a guarantee or assurance of a quality.

§ 13 Choice of Law / Place of Jurisdiction / Ancillary Agreements / Written Form

(1) Legal disputes arising from or in connection with this contract shall be governed exclusively by German law.

(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 shall be Karlsruhe. There are no verbal ancillary agreements.

(3) Supplementary or deviating agreements must be in writing to be effective. The written form requirement may only be waived by written agreement.

(4) Should any provision of the GTC be or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, the statutory provision shall apply. The parties undertake to agree on a provision which, in terms of its meaning and purpose, comes as close as possible to the invalid provision in economic terms.

§ 14 Remuneration / Adjustment of remuneration / Terms of payment

(1) When ordering in the online store, payment by invoice, direct debit or credit card is possible.

(2) Before using products with digital content, all payments must be made in full. No payments will be refunded in case of cancellation of the use of products with digital content.

§ 15 Cancellation subscription

If you have a subscription, you can cancel it at any time. The subscription will then continue until the end of the term. In the account settings (appears after logging in) an independent cancellation of the subscription is possible. Alternatively, a short e-mail with the cancellation to [email protected] is sufficient.

§ 16 Contract language

Only German is available as the contract language.

§ 17 Warranty

(1) The warranty shall be governed by the statutory provisions.

(2) The warranty period for delivered goods vis-à-vis entrepreneurs shall be 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness and obvious defects immediately upon fulfillment of the contract and to notify us of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

§ 18 Final Provisions / Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(4) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. You can find our e-mail address at the bottom of the imprint. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.