Standard Business Terms and customer information

I. Standard business terms

§ 1Basic provisions

(1)The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Comprise IT Systeme GmbH) via the www.comprise.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2Conclusion of the contract

(1)The subject-matter of the contract is the selling of products including digital content (data created and delivered in digital form) and/ or the provision of repair services .

(2)As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3)The contract is concluded via the online shopping cart system as follows:

    The goods  and/ or repair services intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time.

    After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
     

    If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.

    If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order overview.
     

Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser) any information on the order summary page, or to cancel the purchase.

By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4)You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5)The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3License to use digital content

    (1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from the respective licensor. The type and scope of the usage license are determined by the license terms stated in the respective offer.

§ 4Conclusion of the contract in the case of courses

(1)The object of the contract is the delivery of courses.

Once the course offer is uploaded on our website, it constitutes a binding offer from us to conclude a contract subject to the conditions specified in the respective course description.

(2)The contract becomes effective via the online shopping cart system as follows:
 The courses you intend to book are added to your "Shopping Cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the required personal data and payment conditions, all order information is then displayed again on the order summary page.

If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.

If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop. 

Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.

By using the button clearly indicating your liability to pay, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.

(3)You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(4)The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 5Service provision in the case of courses

(1) The courses will be delivered in the form described in the respective offers on the agreed dates.

(2) If the delivery of the course is dependent on the number of participants, the minimum number of participants will be evident in each case from the offer.
 If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least seven days before the beginning of the course that the booked course will not be taking place. In this case, any payments already made will be refunded immediately.

(3) In the case of cancellation of a single event due to the non-availability of the course instructor at short notice due to illness or another important reason, the payments already made will be refunded immediately.
 In the case of events consisting of several dates, if one of the dates is cancelled at short notice because the course instructor is not available due to illness or another important reason, a replacement date will be found for the cancelled date.

(4) In relation to the use of course rooms and objects, you must comply with the house rules displayed on the premises. You must adhere to our instructions or the course instructor's instructions.

§ 6Withdrawal / Cancellation

(1)You can withdraw from the contract free of charge 5 days before the start of the course. Withdrawal is required in text form (e.g. e-mail). The effective date for compliance with the deadline is the receipt of the withdrawal declaration by us.
 Withdrawal is no longer possible less than 5 days before the start of the course.

(2)In case of non-participation or partial participation in the booked course, no refund of course fees will be possible.

(3) This does not affect the statutory right of revocation; this exists irrespective of the existence or non-existence of this additional right of withdrawal.

§ 7Substitute participant

 You can name a substitute participant at any time before the start of the course. There will be no charges for this change to the booking.

§ 8     Provision of installation services

    (1) If the contract includes installation, we shall be responsible for providing installation work set out in the service specification. We shall provide this work to the best of our knowledge and belief in person or via a third party.

    (2) The service shall be provided on the agreed dates.

    (3) You are obliged to cooperate. In particular, at the time of installation you must ensure that the premises are in an accessible and safe condition. Furthermore, you must ensure that the electricity and water supplies required are available. We are entitled to terminate the contract for the provision of installation services in accordance with Section 643 BGB, insofar as you fail to meet your obligations for cooperation. To do this, we will set a period of grace during which you can fulfil the required obligations.

    (4) If you exercise your right of termination in accordance with Section 648(1) BGB, we can demand a flat-rate fee of 10% of the agreed fee, if performance has not yet started. However, this only applies to the statutory right of revocation if you first exercise your right of termination after the end of the revocation period. You will bear the burden of proof for demonstrating that we have incurred no or substantially less costs.
     

§ 9Provision of services in case of repairs

(1) Insofar as repair-related services form the subject-matter of the contract, we are obligated to carry out the repair-related activities that follow from the service description. We shall provide these services in all conscience, either personally or through an external party.

(2) You are obligated to cooperate. In particular, you have to describe the defect affecting the device as extensively as possible and make the defective device available.

(3) You shall have to bear the costs of sending us the defective device.

(4) Insofar as no other period is specified in the respective offer or under the appropriate button, repairs, including assigning the device for shipping, shall be made within 5-7 days following receipt of the device to be mended (however only for advance payment after the time of your payment instruction).

    (5) If you exercise your right of termination in accordance with Section 648(1) BGB, we can demand a flat-rate fee of 10% of the agreed fee, if performance has not yet started. However, this only applies to the statutory right of revocation if you first exercise your right of termination after the end of the revocation period. You will bear the burden of proof for demonstrating that we have incurred no or substantially less costs.
     

§ 10Special agreements related to the offered payment methods

(1)Validity check
 If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check. 

(2)Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 11Right of retention, reservation of proprietary rights

(1)You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2)The goods remain our property until the purchase price is paid in full.

(3)If you are a businessman, the following conditions also apply:

 a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

 b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

 c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

 d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 12Warranty

(1)The statutory warranty rights are applicable.

(2)If we notify you of this  prior to the submission of the contract declaration and this has been expressly and separately agreed, the limitation period for claims for defects in used goods shall be one year from the date of delivery of the goods. The above limitation does not apply:

 - for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
 - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.

(3)As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(4)If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) 

    Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

    a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

    b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.

    c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply

    - for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;

    - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

    - in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;

    - in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
     

§ 13Choice of law, place of fulfilment, jurisdiction

(1)German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2)If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.

(3)The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.