General terms and conditions

§ 1 General 

1. This first part of the general terms and conditions applies exclusively for the purchase by download. For the purchase of a CD apply the separated terms and conditions of the second part, for the booking of services that of the third part.

2. Ulrich Rathgeber, hereafter referred as provider, has established on his website www.ulrichrathgeber.com an Internet shop called Store. In this Internet shop customers can select titles from a given offer and purchase it via download for exclusively private use for a fee.

3. All deliveries and services provided by the provider for the customer are solely on the basis of the following general terms and conditions in their version that is valid at the time of the conclusion of the purchase contract according to §3 of the contract. Derogation arrangements are only valid if agreed in writing between the provider and the customer. Deviating general terms and conditions of the customer will be rejected.

4. The delivery of the product is done in the form of the submission of a link, through which the customer can download the ordered article.

§ 2 Conditions for the use

1. Contractors can only be full contractually capable persons.

2. To use the services of the provider, the customer has to be in possession of an appropriate online technology and has to have an access to electronic services and media (Internet) on his own costs and danger at his disposal. Should the technical standards on the Internet or with the provider change, so the customer has to adjust to these changes on his own costs.

§ 3 Conclusion of the contract

To buy an article via download, the customer has to click in the Internet shop on the respective button, fill out all mandatory fields and send it off. By doing this, he submits an application for conclusion of a purchase contract. He then will get an SMS confirmation code on his mobile phone, authorizes his payment with this and the amount will be withdrawed from his Giro account. With the successful withdrawal of the payment the customer`s request to conclude a purchase contract is accepted. He then receives an email with a download link to the digital article. From the receipt of the download link, the customer can download the article within four weeks, on the whole at most three times. Should within this period no download happens, for technical reasons the customer cannot download the bought article any more and looses any claim on it. In this case no refund of the already made payment of the article will take place. For the case that the amount cannot be deducted or the customer prevents the payment of the download, the provider conveys the order for payment procedure and if necccessary legal actions to the company minipay GmbH.   

§ 4 Reservation of proprietary rights

The delivered goods remain property of the supplier until full payment. 

§ 5 Service description

If the provider allows the customer to hear an excerpt of a product sample, the preview is free of charge and without obligations.

§ 6 Transfer of risk

1. The risk of the accidental loss and accidental deterioration passes by sending the link to the customer.

2. The customer is obliged to indicate the provider immmediately if the download is incomplete or poorly conducted.

§ 7 Cancellation policy

A right of cancellation according to § 312d (4) No. 1 BGB is not there, because the download of a digital product is is not suitable for return due to its nature.

§ 8 Acquisition of rights/  Intellectual property rights

1. The offered prroducts are copyrighted or otherwise protected works. The customer expressly acknowledges the existence of these rights hereby. In this offering, the customer acquires the simple, non-transferable right to use the offered titles fo exclusive personal use in the respective offered way. 

2. The customer is not permitted to change the products in any way or to use changed products, to copy the products for third parties, to make available or to conduct, to imitate, to resell or to use for commercial purposes. A further transfer of rights to third parties is explicit excluded. The transfer ot the rights is done with the endling of the download, but is subject to the full payment of the purchasing price.

§ 9 Prices

The prices stated on the website www.ulrichrathgeber.com at the time of ordering are applicable. VAT is not calculated in the prices. With updates of the website all previous prices and other data about the articles are not valid any more. The mentioned prices does not include the online costs which incurred at the respective Internet service provider, in particular regarding the download time. These has the customer to pay by himself.

§ 10 Liability

1. The use of the offer is done at the own risk of the customer. The offer is offered in the form, which the provider respectively likes, and subject to availability.

2. The provider does not guarantee that the offer meets the customer`s requirements and is available without breaks, timely, safe and without mistakes. The provider assumes no warranty that the hardware or software used for the offer work without mistakes any time or that any errors in the hardware or software will be corrected.

3. The download or any other receipt of contents in connection with the offer is at risk of the customer. The customer is solely responsible for any damage to his computer system or other used technical devices used for the loss of data or other damages caused by downloads or other transactions associated with the offer.

4. Compensation claims of the customer are therefore excluded, as far as nothing else is determinated in the following. The foregoing limitation of liability applies also for the benefit of the legal representatives and vicarious of the provider,  if the customer asserts claims against them.  

5. Excluded by the disclaimer declared under point four are compensation claims due to injury of life, body, health and compensation claims due to violation of major contractual obligations. Major contractual obligations are those, which fulfillment are neccessary to achieve the objective of the contract, for example the provider has to pass the article to the customer free of material and legal defects and to get the property to him.

6. Also excluded of the disclaimer is the liability for damages, which based on a intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious. For damages based on a negligent breach of essential contractual obligations, liability for indirect damages and non-typical consequential damages are excluded and besides the amount is limited to the average damage which is typical for such a contract.

7. The rules of the product liability act (ProdHaftG) shall remain unaffected. 

§ 11 Privacy Policy

The data processing is carried out in accordance with the applicable Federal data protection law. All data received from the customer are only collected, processed, used and forwarded to contracted partner, as far as this is neccessary for the establishment and implementation of the purchase contract between the customer and the provider. 

§ 12 Applicable law and Court of jurisdiction

German law is applicable, the validity of the UN purchase law is excluded. For all current and future claims from the business relationship as far as for claims that are asserted by the order for paying procedure, Berlin is the sole place of jurisdiction as the place of business of the provider. In addition applies the legal regulation.

§ 13 Prohibition of assignment and pledge

The assignment or pledging of claims or rights, which has the customer to the provider, is excluded without the consent of the provider, unless the customer proves a legitimate interest on assignment or pledge.

§ 14 Final clause

Should one or more regulations of this General terms and conditions be or will be invalid, the remaining regulations remain unaffected. The contracting parties commit themselves in this case to replace the regulations which become invalid by such which are equivalent in their economic success. 

 

§ 1 General 

1. This second part of the general terms and conditions applies exclusively for the buy of CDs. For the buy by downloads apply the separated terms and conditions of the first part, for the booking of services that of the third part.

2. Ulrich Rathgeber, hereafter referred as provider, has established on his website www.ulrichrathgeber.com an Internet shop called Store. In this Internet shop customers can select CDs from a given offer and purchase them via clicking for exclusively private use for a fee.

3. All deliveries and services provided by the provider for the customer are solely on the basis of the following general terms and conditions in their version that is valid at the time of the conclusion of the purchase contract according to §3 of the contract. Derogation arrangements are only valid if agreed in writing between the provider and the customer. Deviating general terms and conditions of the customer will be rejected. 

§ 2 Conditions for the use

1. Contractors can only be full contractually capable persons.

2. To use the services of the provider, the customer has to be in possession of an appropriate online technology and has to have an access to electronic services and media (Internet) on his own costs and danger at his disposal. Should the technical standards on the Internet or with the provider change, so the customer has to adjust to these changes on his own costs.

§ 3 Conclusion of the contract

To buy a CD, the customer has to click in the Internet shop on the respective button, fill out all mandatory fields and send it off. By doing this, he submits an application for conclusion of a purchase contract. He then will get an SMS confirmation code on his mobile phone, authorizes his payment with this and the amount will be withdrawed from his Giro account. With the successful withdrawal of the payment the customer`s request to conclude a purchase contract is accepted.

He then receives an email with a link, with which he can open a form on the webpage of the provider. There he enters the required information for the delivery and send the form to the provider. Once the provider has received the delivery data, he sends the purchased CD to the customer by mail.  For the case that the amount cannot be deducted or the customer prevents the payment of the download, the provider conveys the order for payment procedure and if necccessary legal actions to the company minipay GmbH.

§ 4 Reservation of proprietary rights

 The delivered goods remain property of the supplier until full payment. 

§ 5 Service description

If the provider allows the customer to hear an excerpt of a product sample, the preview is free of charge and without obligations.

§ 6 Cancellation policy

1. The customer has the right to revoke the contract within 14 days without giving reasons. 

2. The withdrawal period starts from the day on which he or a third party nominated by him, which is not the carrier, were taken the possession of the article. Sealed goods, which seal were removed after the delivery, are excluded from the right of withdrawal.

3. To exercise the right of withdrawal, the customer must inform the provider by means of an unique statement (for example a letter send by mail or an email) about his closing to cancel the contract. For this he can use the enclosed sample cancellation form, but this is not required.

4. For ensuring of the revocation period it is sufficient, that the customer submits the notice of the practice of the revocation right before the withdrawal deadline.

5. If the customer revokes his purchase agreement, the provider has to repay all payments given to him including the delivery costs (with the exception of additional costs which arising from the customer`s choise of having a different kind of delivery than the cheap standart delivery which the provider has offered), without delays and at the latest within 14 days from the day, on which he got the notification of the withdrawal of the contract. For this repayment, he use the same Giro account that the customer has used in the original transaction, unless he otherwise agreed explicitly. In no case fees will be charged because of this repayment. The provider can refuse the repayment until he held back the goods again or until the customer proved that he has returned the goods, whichever the earlier time is.

6. The customer must return or transfer the goods to the provider promptly and in any case within 14 days from the date at which he inform him about the revocation of this contract. The deadline is respected, if the customer sends the goods back before the expiration of the deadline of 14 days. The customer has to pay for the return of the goods.

7. For a possible loss in value of the goods the customer only have to pay if this loss in value is due to an handling, which is is not neccessary for an examination of the nature, characteristics and functioning of the goods.

§ 7 Acquisition of rights/  Intellectual property rights 

1. The offered prroducts are copyrighted or otherwise protected works. The customer expressly acknowledges the existence of these rights hereby. In this offering, the customer acquires the simple, non-transferable right to use the offered titles fo exclusive personal use in the respective offered way. 

2. The customer is not permitted to change the products in any way or to use changed products, to copy the products for third parties, to make available or to conduct, to imitate, to resell or to use for commercial purposes. A further transfer of rights to third parties is explicit excluded. The transfer ot the rights is done with the endling of the download, but is subject to the full payment of the purchasing price.

§ 8 Prices

The prices stated on the website www.ulrichrathgeber.com at the time of ordering are applicable. VAT is not calculated in the prices. With updates of the website all previous prices and other data about the articles are not valid any more. The mentioned prices does not include the online costs which incurred at the respective Internet service provider, in particular regarding the download time. These has the customer to pay by himself. 

 § 9 Warranty

1. The warranty rights of the customer are based on the general legal rules. The period of limitation for warranty claims of the customer on newly manufactured items is two years. For entrepreneurs the period of limitation for warranty claims on newly manufactured items is one year. For compensation claims of the customer against the provider applies the rule of clause 10 in this General terms and conditions.

2. A guarantee is not declared by the provider.

§ 10 Liability 

1. The use of the offer is done at the own risk of the customer. The offer is offered in the form, which the provider respectively likes, and subject to availability.

2. The provider does not guarantee that the offer meets the customer`s requirements and is available without breaks, timely, safe and without mistakes. The provider assumes no warranty that the hardware or software used for the offer work without mistakes any time or that any errors in the hardware or software will be corrected.

3. The download or any other receipt of contents in connection with the offer is at risk of the customer. The customer is solely responsible for any damage to his computer system or other used technical devices used for the loss of data or other damages caused by downloads or other transactions associated with the offer.

4. Compensation claims of the customer are therefore excluded, as far as nothing else is determinated in the following. The foregoing limitation of liability applies also for the benefit of the legal representatives and vicarious of the provider,  if the customer asserts claims against them.  

5. Excluded by the disclaimer declared under point four are compensation claims due to injury of life, body, health and compensation claims due to violation of major contractual obligations. Major contractual obligations are those, which fulfillment are neccessary to achieve the objective of the contract, for example the provider has to pass the article to the customer free of material and legal defects and to get the property to him.

6. Also excluded of the disclaimer is the liability for damages, which based on a intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious. For damages based on a negligent breach of essential contractual obligations, liability for indirect damages and non-typical consequential damages are excluded and besides the amount is limited to the average damage which is typical for such a contract.

7. The rules of the product liability act (ProdHaftG) shall remain unaffected. 

§ 11 Privacy Policy

The data processing is carried out in accordance with the applicable Federal data protection law. All data received from the customer are only collected, processed, used and forwarded to contracted partner, as far as this is neccessary for the establishment and implementation of the purchase contract between the customer and the provider. 

§ 12 Applicable law and Court of jurisdiction

German law is applicable, the validity of the UN purchase law is excluded. For all current and future claims from the business relationship as far as for claims that are asserted by the order for paying procedure, Berlin is the sole place of jurisdiction as the place of business of the provider. In addition applies the legal regulation.

§ 13 Prohibition of assignment and pledge

The assignment or pledging of claims or rights, which has the customer to the provider, is excluded without the consent of the provider, unless the customer proves a legitimate interest on assignment or pledge.

§ 14 Final clause

Should one or more regulations of this General terms and conditions be or will be invalid, the remaining regulations remain unaffected. The contracting parties commit themselves in this case to replace the regulations which become invalid by such which are equivalent in their economic success.   

 

 § 1 General 

1. This third part of the general terms and conditions applies exclusively for the booking of services. For buying a CD apply the separated terms and conditions of the second part, for buying through a download of a digital article that of the first part.

2. Ulrich Rathgeber, hereafter referred as provider, has established on his website www.ulrichrathgeber.com an Internet shop called Store. In this Internet shop customers can book personal services from the provider by clicking on the respective button.

3. All deliveries and services provided by the provider for the customer are solely on the basis of the following general terms and conditions in their version that is valid at the time of the conclusion of the purchase contract according to §3 of the contract. Derogation arrangements are only valid if agreed in writing between the provider and the customer. Deviating general terms and conditions of the customer will be rejected. 

4. The provider is not obligeds to accept the requests of customers on booking one of his services. He expressly reserves to reject applications without giving reasons at any time. In the case of such a refusal this is done in writing. A possibly already made payment will be refunded immediately on the Giro account of the customer. 

§ 2 Conditions for the use

1. Contractors can only be full contractually capable persons.

2. To use the services of the provider, the customer has to be in possession of an appropriate online technology and has to have an access to electronic services and media (Internet) on his own costs and danger at his disposal. Should the technical standards on the Internet or with the provider change, so the customer has to adjust to these changes on his own costs.

§ 3 Conclusion of the contract 

To book a service from the provider, the customer has to click in the Internet shop on the respective button, fill out all mandatory fields and send it off. By doing this, he submits an application for conclusion of a purchase contract. He then will get an SMS confirmation code on his mobile phone, authorizes his payment with this and the amount will be withdrawed from his Giro account. With the successful withdrawal of the payment the customer`s request to conclude a purchase contract is accepted. He then receives an email with a link, with which he can open a form on the webpage of the provider. There he enters the required information and send the form to the provider. Once the provider has received the data, he contacts the customer for an appointement for the service.  

For the case that the amount cannot be deducted or the customer prevents the payment of the download, the provider conveys the order for payment procedure and if necccessary legal actions to the company minipay GmbH.

The customer also can negotiate a contract about a service, which he wants to give someone else as a gift. In this case he enters the contact data of the other person in the form and point out that it is meant as a gift. The provider then makes contact with the respective person instead of the customer, to fulfill the desired service.

§ 4 Cancellation policy

1. The customer has the right to revoke his contract about a service within 14 days without giving reasons. The withdrawal period starts from the day of booking the service.

2. To exercise the right of withdrawal, the customer must inform the provider by means of an unique statement (for example a letter send by mail or an email) about his closing to cancel the contract. For this he can use the enclosed sample cancellation form, but this is not required.

3. For ensuring of the revocation period it is sufficient, that the customer submits the notice of the practice of the revocation right before the withdrawal deadline.

4. If the customer revokes his purchase agreement, the provider has to repay all payments given to him including the delivery costs (with the exception of additional costs which arising from the customer`s choise of having a different kind of delivery than the cheap standart delivery which the provider has offered), without delays and at the latest within 14 days from the day, on which he got the notification of the withdrawal of the contract. For this repayment, he use the same Giro account that the customer has used in the original transaction, unless he otherwise agreed explicitly. In no case fees will be charged because of this repayment. 

5. Has the customer requested that in case of a booking this service should begin during the cancellation period, so he have to pay a reasonable amount to the provider. Reasonable means, it correlates the part of the already provided services up to the time to which he he taught the provider that he wants to revoke the contract, in comparison to the total volumen of service which is scheduled in the contract. If the service was already fully fulfilled at the time of the cancellation, so the payment already made for this is due to the provider completely, a repayment is excluded in this case. 

§ 5 Prices

The prices stated on the website www.ulrichrathgeber.com at the time of ordering are applicable. VAT is not calculated in the prices. With updates of the website all previous prices and other data about the articles are not valid any more.

§ 6 Liability

1. The use of the offer is done at the own risk of the customer. The offer is offered in the form, which the provider respectively likes, and subject to availability.

2. The provider does not guarantee that the offer meets the customer`s requirements.

3. The booking of a service is at risk of the customer. The customer is solely responsible for any damage to his computer system or other used technical devices used for the loss of data or other damages caused by transactions associated with the offer.

4. Compensation claims of the customer are therefore excluded, as far as nothing else is determinated in the following. The foregoing limitation of liability applies also for the benefit of the legal representatives and vicarious of the provider,  if the customer asserts claims against them.  

5. Excluded by the disclaimer declared under point four are compensation claims due to injury of life, body, health and compensation claims due to violation of major contractual obligations. Major contractual obligations are those, which fulfillment are neccessary to achieve the objective of the contract.

6. Also excluded of the disclaimer is the liability for damages, which based on a intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious. For damages based on a negligent breach of essential contractual obligations, liability for indirect damages and non-typical consequential damages are excluded and besides the amount is limited to the average damage which is typical for such a contract. 

§ 7 Privacy Policy

1. The data processing is carried out in accordance with the applicable Federal data protection law. All data received from the customer are only collected, processed and used, as far as this is neccessary for the establishment and implementation of the purchase contract between the customer and the provider. 

2. If the provided service is a councelling, the provider will treat their contents absolutely confidential and will make it available to anyone.

 

§ 8 Applicable law and Court of jurisdiction

 

German law is applicable, the validity of the UN purchase law is excluded. For all current and future claims from the business relationship as far as for claims that are asserted by the order for paying procedure, Berlin is the sole place of jurisdiction as the place of business of the provider. In addition applies the legal regulation.

 

 

§ 9 Prohibition of assignment and pledge

The assignment or pledging of claims or rights, which has the customer to the provider, is excluded without the consent of the provider, unless the customer proves a legitimate interest on assignment or pledge.

§ 10 Final clause

Should one or more regulations of this General terms and conditions be or will be invalid, the remaining regulations remain unaffected. The contracting parties commit themselves in this case to replace the regulations which become invalid by such which are equivalent in their economic success.

 

 

 

 

 

 

 

 

 

 

Copyright © Ulrich Rathgeber 2015. All rights reserved.