Conditions of Use

General Terms and Conditions for the Online Shop - Ordering E-Learning Courses

 

1. General Information
1.1 Your Contracting Party
When ordering e-learning courses, your contracting party is Akademie des Deutschen Kraftfahrzeuggewerbes GmbH (TAK).

 

2. Conclusion of the Contract
2.1 The presentation of digital educational products in the online shop does not constitute a legally binding offer. It constitutes an invitation to the customer to submit a binding offer to enter into a contract.

2.2 Product images, drawings or illustrations may differ slightly from the products displayed online due to technical display limitations. In particular, variations in colour may occur. The specifications stated in the order confirmation shall be decisive for determining the agreed characteristics of the product.

2.3 Customers may place orders through the TAK OnlineAkademie online shop.

By submitting an order, you make a binding offer to enter into a contract for the supply of the digital products listed on the order page.

The contract is concluded when TAK accepts your order either by sending an order confirmation in text form, for example by email, immediately following receipt of your order, or by making the ordered digital product available to you.

The customer will receive an email confirming receipt of the order and completion of the booking process.

2.4 To place an order in the online shop, the customer completes the following technical steps:

select “Kurs buchen” (“Book course”);
enter the required personal details and then select “Weiter” (“Continue”);
where applicable, enter a different billing address and then select “Weiter” (“Continue”);
select the desired payment method and then select “Weiter” (“Continue”);
review the order summary, accept the “Geschäftsbedingungen (AGB)” (“General Terms and Conditions”) and then select the button used to place the binding order.
The customer submits the binding offer referred to in Section 2.3 by clicking the final order button.

Before submitting the order, the customer may identify and correct any input errors using the usual keyboard and mouse functions and the correction and navigation options provided during the ordering process. The customer may also return to previous steps of the ordering process.

Where the order creates an obligation to pay, the wording and design of the final order button must clearly indicate that submitting the order entails an obligation to make payment, in accordance with the applicable statutory requirements.

2.5 The customer will receive an email confirming the booking.

2.6 German is available as the language for the ordering process and the conclusion of the contract.

2.7 The contract text is not stored by TAK in a form that remains accessible to the customer after completion of the ordering process.

However, immediately before submitting the order, the customer may save or print the order details using the relevant functions of the internet browser.

Following submission of the order, the customer will also receive an email containing the details of the order and confirming the booking.

 

3. Prices and Delivery Costs
3.1 The prices stated on the relevant product pages are binding. All prices are gross prices and include the applicable statutory value added tax (VAT).

 

4. Payment Terms
4.1 Payment may be made by invoice, by an accepted credit card (Visa, Mastercard or American Express), via PayPal or by SEPA direct debit.

4.2 TAK reserves the right to exclude individual payment methods.

The payment methods actually available for a particular order are exclusively those displayed for selection in the TAK OnlineAkademie online shop during the ordering process.

The customer is not entitled to use any particular payment method unless that payment method is offered during the relevant ordering process.

 

5. Right of Withdrawal
Customers who are consumers are entitled to a statutory right of withdrawal in accordance with the applicable legal provisions.

Full information regarding the conditions, time limits and procedure for exercising the right of withdrawal is provided in the separate withdrawal instructions.

 

6. Statutory Rights in the Event of Defects
6.1 The customer's statutory rights in respect of defective products shall apply.

Where the e-learning product constitutes a digital product within the meaning of Sections 327 et seq. of the German Civil Code (Bürgerliches Gesetzbuch – BGB), the statutory provisions governing contracts for digital products shall apply.

In all other cases, the applicable statutory provisions governing liability for defects shall apply.

6.2 Where the customer is not a consumer but a business customer (Unternehmer), the seller shall have the right to choose whether a defect is remedied or a conforming replacement is supplied, to the extent permitted by applicable law.

 

7. Liability
7.1 TAK shall be liable without limitation in cases of intent and gross negligence and in the event of a breach of a material contractual obligation (Kardinalpflicht).

Material contractual obligations are obligations whose performance is essential to the proper performance of the contract and on the performance of which the contracting party regularly relies and may reasonably rely.

In the event of a slightly negligent breach of a material contractual obligation, liability shall be limited to losses that were foreseeable at the time the contract was concluded and are typical for this type of contract.

TAK shall not be liable for a slightly negligent breach of ancillary contractual obligations that do not constitute material contractual obligations.

In cases of initial impossibility of performance, TAK shall be liable only where TAK was aware of the impediment to performance or where its lack of knowledge was due to gross negligence, unless the obligation concerned constitutes a material contractual obligation.

7.2 To the extent that liability is excluded or limited under these Terms and Conditions, the same exclusions and limitations shall also apply to the personal liability of the seller's employees, workers, staff members, representatives and vicarious agents.

7.3 The exclusions and limitations of liability set out above shall not apply:

where a defect has been fraudulently concealed;
where a guarantee as to the characteristics or quality of a product has been given;
to claims under the German Product Liability Act (Produkthaftungsgesetz); or
to liability for injury to life, limb or health.

7.4 With the exception of claims referred to in Section 7.3, claims for damages that are subject to the limitations of liability set out in this Section shall become time-barred one year after the commencement of the applicable statutory limitation period, to the extent legally permissible.

 

8. Force Majeure
Events of force majeure or other unforeseeable events beyond the reasonable control of the affected party that materially impede or temporarily prevent the performance of contractual obligations – including, for example, strikes, lockouts, governmental or regulatory measures, pandemics or comparable events – shall release the affected party from the obligation to comply with the affected performance deadlines for the duration and to the extent of the relevant impediment.

Where such an event results in a delay in performance, the customer shall not be entitled solely on the basis of that delay to withdraw from the contract or to claim damages, unless mandatory statutory provisions provide otherwise.

Any mandatory statutory rights of the customer, in particular rights arising where performance becomes permanently impossible, shall remain unaffected.

9. Governing Law, Jurisdiction and Severability
9.1 These Terms and Conditions and the contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Where the customer is a consumer, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2 Where the customer is a merchant (Kaufmann) within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the courts of Bonn, Germany, shall have jurisdiction over all disputes arising out of or in connection with the contractual relationship, to the extent permitted by law.

9.3 Should any provision of these Terms and Conditions be invalid, ineffective or not form part of the contract, the validity of the remaining provisions and of the contract as a whole shall remain unaffected.

 

10. Alternative Dispute Resolution
10.1 TAK is neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer dispute resolution body.