General terms and conditions
1 Scope of application
The following terms and conditions apply to all orders for download products (digital content that is not supplied on a physical data carrier) via www.bankinghub.de or www.bankinghub.eu.
2 Contractual partner, subject matter of the contract, conclusion of the contract
2.1 Your contractual partner is zeb.rolfes.schierenbeck.associates gmbh, Hammer Straße 165, D–48153 Münster, registered in the commercial register of the local court of Münster under HRB 3745, phone: 0251 97128–0,
fax: 0251 97128–101, e-mail: bankinghub@zeb.de.
2.2 The subject matter of the contract is the sale of download products.
By placing the respective download product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
2.3 The contract is concluded via the online shopping cart system as follows:
The download product intended for purchase is placed in the “Shopping cart”. You can call up the “Shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page, enter your personal details and select the payment method. For the “Credit card” payment method, the data must be entered in the corresponding fields. The details of the order are shown below.
By submitting the order via the “Buy now” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
If you use an instant payment system („PayPal”) as a payment method, you will be redirected to the website of the provider of the instant payment system where you can make the appropriate selection or enter your data. You will then be redirected back to our online store on the order overview page. If you have selected “Bank transfer” as your payment method, you will receive the relevant account details for transferring the invoice amount after completing the purchase. After receipt of payment you will receive a download link.
You will receive an order confirmation and a contract confirmation by e-mail.
2.4 The processing of the order and transmission of all information required for the conclusion of the contract is carried out by e-mail, partly 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 ensured and, in particular, that it is not prevented by spam filters.
3 Prices, payment, essential characteristics of the goods
3.1 The price stated in the respective offer represents the total price. It is in euros and includes all price components including the applicable statutory VAT.
3.2 The payment methods available to you are displayed at the end of the order process.
3.3 The essential characteristics of the good and/or service can be found in the respective offer.
4 Rights of use
4.1 We grant you a non-exclusive, non-sublicensable and geographically unrestricted right to use the download product.
4.2 Any use or misuse of the content provided that goes beyond the rights of use granted for the individual services is not permitted, constitutes a copyright infringement under applicable law and is therefore prohibited.
4.3 In particular, any commercial use of the content is excluded. This applies in particular to the public reproduction, distribution, sale or any other form of disposal of the copies made.
4.4 You undertake to indemnify us and our vicarious agents against all claims for compensation by third parties and all expenses arising from the unlawful use of content accessed by you.
5.1 If you are a consumer, you have a right of withdrawal in accordance with the statutory provisions.
5.2
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of the contract’s conclusion. To exercise the right of withdrawal, you must inform us (zeb.rolfes.schierenbeck.associates gmbh, Hammer Straße 165, D-48153 Münster, phone: 0251 97128-0, fax: 0251 97128-101, e-mail: bankinghub@zeb.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, a fax or an e-mail).
You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
5.3 Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us.)
To
zeb.rolfes.schierenbeck.associates gmbh
Hammer Str. 165
48153 Münster, Germany
Fax: 0251 97128-101
E-mail: bankinghub@zeb.de
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
___________________________________________________________________
___________________________________________________________________
Ordered on (*)/received on (*): ___________________________________________
Name of the consumer(s): ___________________________________________
Address of the consumer(s):_________________________________________
___________________________________________________________________
Signature of the consumer(s) (only for notification on paper)
Date: _______________________________________
(*) Delete as appropriate
5.4 Expiry of the right of withdrawal
The right of withdrawal expires if we have started to execute the contract after you have expressly agreed that we start to execute the contract before the expiry of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.
6 Terms of delivery, delivery date
During the ordering process, you will be asked to declare whether you expressly consent to the execution of the contract commencing before the expiry of the withdrawal period, knowing that this consent will result in the loss of your right of withdrawal. If you give your consent, you can retrieve/download the download product immediately after completing the order process for the payment methods “Credit card” and “PayPal”, and immediately after receipt of payment for the payment method “Bank transfer”. If you do not give your consent, it will only be possible to retrieve/download the download product until after the withdrawal period has expired.
7 Retention of title
The goods remain our property until full payment has been made.
8 Claims for defects
The statutory liability for defects applies.
9 Liability
9.1 We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence, in accordance with the statutory provisions for damages or reimbursement of futile expenses.
9.2 In other cases, we shall only be liable – unless otherwise stipulated in paragraph 3 – in the event of a breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and upon the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damages and to a maximum of EUR 20,000. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
9.3 Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
10 Contract language, contract text storage, contract confirmation
10.1 The contract language is German.
10.2 We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we have received your order, the contractual provisions and the General Terms and Conditions will be sent to you again by e-mail in a contract confirmation.
11 Applicable law, place of jurisdiction, other provisions
11.1 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is not known at the time the action is brought. Our right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
11.3 The user’s general terms and conditions do not apply, even if they are not explicitly excluded.
11.4 If individual provisions of these terms and conditions are or become ineffective, the validity of the remaining provisions remains unaffected. In this case, zeb and the contracting parties are obliged to replace the invalid provisions through others through which the intended contractual purpose and the economically desired intention can be achieved in a legally permissible way. The same applies in the event of a loophole in these terms and conditions.
