Terms and Conditions (Conditions of Sale for End Customers)

Terms and Conditions (Conditions of Sale for End Customers)

Section 1 Scope of application

(1)   These General Terms and Conditions govern the authorized sale of goods and services (hereinafter: “Products”) by AffiliCon GmbH, Hohenzollernring 5, 50672 Cologne (hereinafter: “AffiliCon”) through the online order process operated by AffiliCon (hereinafter: “Online Order Process”).

(2)   These General Terms and Conditions are aimed at both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB (hereinafter: “Customers”). A consumer is any natural person completing a legal transaction for a purpose that is not associated either with his/her commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that exercises its commercial or independent professional business by entering into a legal transaction. If provisions of these General Terms and Conditions are solely intended for either consumers of entrepreneurs, this shall be especially highlighted in the following.

(3)   AffiliCon sells Products from traders and service providers (hereinafter: “Providers”) who, in the event of an order from the Customer to AffiliCon, are immediately obligated to perform a service for the Customers and thus act as vicarious agents of AffiliCon.

(4)   If there is a pre-existing, ongoing business relationship between the Customer and AffiliCon, these General Terms and Conditions shall also be valid if reference to their inclusion is made when concluding future contracts.

Section 2 Product descriptions

The significant properties of the Products offered by AffiliCon result from the Product descriptions from the respective Provider.

Section 3 Conclusion of contract

(1)   The Products presented on the Provider’s website and the price information and offers given there do not constitute an offer from the Provider to conclude a contract. The Customer is merely invited to make an offer to purchase the respective Product by placing an order.

(2)   By placing this order, the Customer makes a binding offer to conclude a contract with AffiliCon regarding the respective Product. By placing the order, the Customer recognizes these General Terms and Conditions as binding for the purchase. In the event of services from the Provider, to whom we discernibly generate access for the Customer, the Provider’s information shall also apply.

(3)   AffiliCon shall confirm receipt of the order from the Customer by sending a confirmation email. This order confirmation does not constitute an acceptance of the contractual offer by AffiliCon. With this confirmation email the Customer shall receive the cancellation notice and payment information where necessary.

Section 4 Special provisions for individual product types

(1)   Software

a) The supply of software takes place through the provision of a download link and the granting of rights of use according to Section 4 (1) c). b) The Customer has verified prior to the conclusion of the contract that the specifications of the software meet his wishes and requirements. The significant functional characteristics and conditions of the software are given on the website of the Provider and in the Order Process. c) AffiliCon shall grant the Customer the rights contained in the license terms of the software, and at least the irrevocable and non-sublicensable right to store the software on a data carrier and to execute it by loading into the working memory. d) The Customer is forbidden from passing the software on to third parties, such as through a peer-to-peer network, and from making it accessible, uploading it or distributing it in any other way and/or supporting such activities. The Customer may only pass on the software - including the license keys - to third parties if this is expressly permitted in the license conditions of the software and only in accordance with the provisions contained in these license conditions. e) The Customer can receive a back-up copy of the purchased software on CD by selecting the “back-up copy” field in the basket during the Order Process if this is offered for the actual Product. The license conditions of the software shall apply in full to this copy.

(2)   E-Books

a) E-Books are protected by copyright and are only intended for purchase for personal use. The Customer shall acquire a simple and non-transferable right of use allowing the private or professional use as an individual user. b) The Customer may use copies of the e-book for his private or otherwise personal use according to the respective Product description and he may store it on reading devices and use it on such devices according to the applicable conditions. c) Any further use, in particular the transmission, processing, duplication or reproduction, distribution, publication of or provision of public access to the eBook, in whole or in part, whether in digital form, by remote data transmission or in a similar form, is not permitted and may be subject to prosecution.

(3)   Webinars

a) The Customer shall receive a link and login details in order to participate in the webinar. Passing the link on to third parties is not permitted. The Customer undertakes to follow the instructions in connection with the respective seminar description. b) If the Customer does participate in the booked webinar or does not login without having requested an effective written cancellation or rebooking in advance, the full participation fee shall be charged. Any reimbursement of the paid participation fee is not possible in this case. c) AffiliCon and the Provider of the webinar have no influence on the technical functionality of the webinar access software and other software which is used to provide the webinar. d) The Customer recognizes that a 100% availability of the webinar is not technically possible. In particular, maintenance, security or capacity matters, as well as other events which are outside the control of AffiliCon or the Provider of the webinar (such as disruptions to public communication networks, power failures etc.) may lead to short-term disruptions or a temporary stoppage of the webinar. e) Webinar speakers may be replaced by other persons who have comparable qualifications in the same subject matter in the event of special, unforeseeable circumstances. A cancellation claim or claim for the reimbursement of expenses shall not exist in these cases. f) If a webinar is cancelled for good cause, the Customer shall receive a refund for the full participation fee. A claim to any further liability and compensation claims shall not exist unless gross negligence exists on the part of AffiliCon or the Provider. g) Under certain circumstances, partial or whole audio and video recordings of the webinar may be made in order to provide the recording to those participants who were unable to join the webinar, for example. Chat and verbal contributions from Customers shall also be recorded; it shall be clear from the name given by the Customer in the participant list that this person has contributed. A subsequent “cutting out” of such verbal contributions is not possible for technical reasons.

(4)   Seminars

a) A withdrawal from the contract for a booked seminar product is only possible at the latest 14 days before the seminar. b) Should an event be cancelled due to a low number of participants, illness on the part of the speaker or another good reason, the price paid in advance shall be reimbursed. Any further claims are excluded. This must be considered when booking travel or making other preparations. If a cancellation occurs, this shall normally take place one to three days in advance. The same shall apply for the seminar being overbooked or the overbooking of sub-allocations intended for certain target groups. c) The seminar documents are protected by copyright. The Customer is not permitted to forward the seminar documents to third parties and this may lead to criminal prosecution or civil penalties.

(5)   Audio-/Video files

AffiliCon and the manufacturer / vendor do not provide the Customer with ownership of the audio or video files. The Customer shall only acquire a simple, non-transferable right to use the offered item for personal use, which may be revoked until full payment of the license fee, or in the event that this involves an entrepreneur, to use the item within a company in compliance with the special license conditions of the Provider.

Section 5 Availability of goods and supply reservation

(1)   The delivery and provision of Products shall take place predominately over the internet so that availability is usually guaranteed, subject to the availability of the accompanying materials such as data carriers and brochures.

(2)   In individual cases the availability of the respective Products may result from an availability notification from the Provider. Such a notification is unbinding, however, as the number of orders may exceed the stock of the Products concerned for technical reasons. In the event of overselling, the Customer shall be immediately informed of this by AffiliCon or the Provider.

Section 6 Purchase price and shipping costs

(1)   The information given in the Online Order Process as well as the following provisions shall apply for the prices of the Products.

(2)   If the performance of services does not take place via download, but by way of a physical shipment, the shipping costs shall be added to the Product price. The shipping costs shall be displayed in the detailed item view in the Online Order Process.

(3)   Our prices include VAT or accordingly sales tax, which shall be displayed separately in the Online Order Process.

Section 7 Payment by the Customer

(1)   The payment methods available for the order shall be displayed for the Customer as part of the Online Order Process. The payment for the ordered Products shall then take place through the method selected by the Customer during the Online Order Process.

(2)   If the Customer has selected a credit card payment, a PayPal payment or an instant transfer, AffiliCon reserves the right to carry out a check as regards the validity of the selected payment method before accepting the order.

Section 8 Delivery to the Customer

(1)   As the offered goods and services primarily consist of digital Products, the delivery shall generally take place via download without any geographical restrictions. Otherwise, the delivery shall take place within Germany and other countries specified by the Provider which are highlighted during the Order Process and which can be selected by the Customer.

(2)   If this involves physical Products, the shipment shall be carried out within the delivery period specified during the Online Order Process by a shipping provider (e.g. DHL, UPS, DPD) to the delivery address provided by the Customer. The Customer shall be notified of the shipping confirmation via email. This email shall usually be sent by the Provider of the Product or a shipping provider who acts as a vicarious agent of AffiliCon in this respect.

(3)   If a delivery is not possible due to structural particularities at the delivery address or if the Customer cannot be reached at the delivery address provided by him, despite having been given appropriate notice of the delivery time, the Customer must bear the costs of the unsuccessful delivery. In the event of three unsuccessful delivery attempts, AffiliCon shall have the right to withdraw from the contract.

(4)   The Customer shall only be obliged to collect the goods himself if self-collection was expressly offered in the Online Order Process for the respective Product and was selected by the Customer.

(5) The Customer must immediately report a defect to the physically delivered Products to AffiliCon.

Section 9 Warranty

(1)   The Customer’s warranty rights shall comply with the general statutory provisions unless anything to the contrary is specified in the following.

(2)   The limitation period for the Customer’s warranty claims amounts to 2 years for newly manufactured goods and 1 year for used goods if he is a consumer. The limitation period for entrepreneurs amounts to 1 year for both new and used goods.

(3)   The above reduction of the limitation periods shall not apply for compensation claims from the Customer due to an injury to life, limb or health as well as for compensation claims due to a breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract, e.g. AffiliCon must provide the item to the Customer free of defects of title. The above reduction of the limitation periods shall also not apply for compensation claims based on an intentional or grossly negligent breach of duty by the AffiliCon or its legal representatives or vicarious agents. The recourse claims according to Section 478 BGB are also exceptions from the reduced limitation periods with respect to entrepreneurs.

Section 10 Limitation of liability

(1)   AffiliCon rejects any liability for financial or other immaterial damages in connection with the concluded or intended contract unless the bodies of AffiliCon and/or their vicarious agents have caused such damages with intention or gross negligence. The above liability limitation shall not apply for damages resulting from a breach of essential contractual obligations (cardinal obligations).

(2)   AffiliCon cannot be held liable for technical transmission delays or failures unless AffiliCon has caused such transmission delays or failures in an intentional or grossly negligent manner.

(3)   AffiliCon shall not accept any liability for the disruption-free availability of the system, nor for system-related failures, interruptions and/or faults to the technical equipment if these lie outside of the control of AffiliCon. In particular, AffiliCon shall not be liable for faults in the quality of access to the AffiliCon service due to force majeure or events which were not the responsibility of AffiliCon, in particular the failure of communication networks and gateways. AffiliCon shall not generally be liable for insignificant disruptions to the service.

Section 11 Data protection

(1)   AffiliCon complies with the applicable data protection laws and collects, processes, stores and uses personal data belonging to the Customer solely in accordance with the provisions of the AffiliCon data protection statement.

(2)   AffiliCon shall only pass on the Customer’s personal data to Providers only insofar this is necessary for one of the following reasons: (i) to facilitate the delivery or provision of the Product by the Provider; (ii) for the Provider to supply technical and/or other support to the Customer, or (iii) if the Customer has expressly consented to receiving the Provider’s newsletter.

Section 12 Termination of a contract for recurring services

If the object of the contract is recurring services (e.g. subscriptions) for which remuneration must be repeatedly paid at set intervals, the Customer may terminate the contract at any time through a declaration in writing (e.g. email, fax) with effect from the end of the respective billing period. Fees which have already been paid shall only be reimbursed if this involves fees for future billing periods. Following receipt of the termination, AffiliCon shall not carry out any further debits from the Customer’s account.

Section 13 Concluding provisions

(1)   In the event that individual provisions of these General Terms and Conditions are or become invalid, then this shall not affect the validity of the remaining provisions of this agreement, subject to Section 305 et seqq. In the event of the invalidity of individual or several provisions, the statutory regulations shall apply.

(2)   The services of AffiliCon shall take place solely on the basis of these General Terms and Conditions and any additional information from the Provider. Conflicting terms and conditions of the Customer shall only apply if they are expressly recognized by a director or senior executive of AffiliCon. Tacit recognition of Terms and Conditions belonging to the Customer is excluded.

(3)   For these General Terms and Conditions and all legal relationships between the Customer and AffiliCon, the substantive law of the Federal Republic of Germany shall apply, excluding the UN law of sale.

(4)   The place of jurisdiction for all disputes resulting from and/or in connection with these General Terms and Conditions governing the contractual relationship between AffiliCon and the Customer is Cologne if the Customer is a businessman, a legal entity under public law or a special fund under public law.

Cologne, May 2018