1. General
1.1 These General Terms and Conditions (GTC) contain the terms and conditions for the purchase of the offered digital content and services that apply exclusively between us, Cashflow Conference GmbH, Wilhelmstraße 4, 70182 Stuttgart, Germany (hereinafter „Provider“ or „we“), and a consumer or entrepreneur (hereinafter „Customer“).
1.2 The version of the GTC at the time of the respective conclusion of the contract shall apply. For amendments to these Terms and Conditions the Customer shall be notified in text form with a reasonable period of time for acceptance
2. Conclusion of Contract
2.1. The presentation of the digital products offered does not constitute a binding offer by the Provider. Only the order of a digital product by the Customer represents a binding offer according to § 145 BGB.
2.2. After submitting the offer and successful acceptance by the Provider, the Customer receives a confirmation email with further information about their order.
2.3. During the ordering process, the Customer has the opportunity to correct the entries made. Before the order processing is completed, the Customer receives a summary of all order details and has the opportunity to check their entries.
2.4. The contract shall be concluded in German or English.
2.5. The contact with the Customer by the Provider is made by e-mail and automated order processing. The Customer ensures that the e-mail address entered by them is correct.
2.6. In the case of digital products, the Provider grants the Customer a non-exclusive right, unlimited in time and place, to use the copyrighted works provided for private and business purposes. For this purpose, the Customer may store and reproduce these works. A transfer of the contents to third parties, as well as a reproduction for third parties is not permitted, unless exceptionally in individual cases a permission was granted by the Provider for this.
3. Terms of Payment
3.1. The payment is due immediately with the order, unless otherwise agreed. The payment of the digital products is made by means of the payment methods provided.
3.2. The prices stated at the time of the order shall apply. The prices stated in the price information include the statutory value added tax.
4. Provision of the Digital Products
4.1. Digital goods are made available to the Customer in electronic form either as a download, by e-mail or via the elopage platform.
4.2. Digital content, in particular downloadable course content, etc., will be made available to the Customer for download immediately after the order and payment process has been completed, unless otherwise agreed in individual cases. Digital services, i.e. in particular live events, video conferences, etc., take place at the time specified in each case.
5. Shipping Conditions
5.1. The shipment of the ordered goods is carried out according to the agreements made. Incidental shipping costs are listed in each case with the product description and are shown separately on the invoice.
5.2 Digital goods are made available to the Customer in electronic form either as a download or by e-mail.
6. Offline Events
If the Customer purchases a ticket to an offline event, the following regulations apply:
7. Right of Withdrawal
Consumers have a right of withdrawal for online orders. Further information on the right of withdrawal and, if applicable, on its premature expiry in the event of immediate use of the digital products ordered can be found in the Provider’s instructions on withdrawal.
8. Warranty
8.1. The purchase of digital products is subject to the statutory warranty rights of §§ 327i ff. BGB.
8.2. If the digital product is defective, the Customer may, if the legal requirements are met,
8.2.1 demand subsequent performance in accordance with § 327 Abs. 1 BGB,
8.2.2 terminate the contract in accordance with section 327m (1), (2), (4) and (5) of the German Civil Code or reduce the price in accordance with section 327n of the German Civil Code and
8.2.3 claim damages pursuant to Sec. 280 (1) or Sec. 327m (3) BGB or reimbursement of futile expenses pursuant to Sec. 284 BGB.
8.3 In order for the digital product to remain in compliance with the contract, the Provider undertakes to provide updates to the product within the provision period if they prove necessary.
9. Limitation of Liability
9.1. The Provider is liable for intent and gross negligence. Furthermore, they are liable for the negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the Customer may regularly rely. In the latter case, however, they shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by vicarious agents. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
9.2. EThe European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We do not participate in a dispute resolution procedure before a consumer arbitration board.
9. Final Provisions
9.1. Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
9.2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.
9.3. Insofar as a consumer had his place of residence or habitual abode in Germany at the time the contract was concluded and has either relocated at the time the action is brought or his place of abode is unknown at that time, the place of jurisdiction for all disputes shall be the place of business of the supplier.
9.4. If a consumer is not domiciled or habitually resident in a member state of the European Union, the courts at the place of business of the Provider shall have exclusive jurisdiction for all disputes.
9.5. If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider’s registered office.
9.6. Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes as close as possible to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.
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