1. Scope and Provider

(1) These general terms and conditions apply to all orders placed by customers in the online shop of the CCEC – Center of Competence for EPLAN Certifications, Postfach 1202, 53702 Siegburg.

(2) The range of goods/services in our online shop is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB), i.e. who, when concluding the contract, are exercising their commercial or independent professional activity. These general terms and conditions also apply to all legal transactions between the user and a consumer (in accordance with § 13 BGB a “natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity”).

(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to all future business relationships, even if they are not expressly agreed again. The inclusion of the customer’s general terms and conditions that contradict our general terms and conditions is already contradicted.

2. Conclusion of Contract and Prices

(1) By completing the customer’s order in our online shop, the customer makes a binding purchase offer. If we then send an automated confirmation of receipt, this does not yet constitute acceptance of the customer’s purchase offer. A purchase contract for the goods/services only comes into existence if we expressly declare acceptance of the purchase offer or if we separate the goods/services without express prior acceptance and to the customer to ship.

(2) The prices stated in our online shop are net prices. Added to this is the applicable statutory value-added tax.

(3) All prices are exclusive of the shipping costs specified.

3. Terms of Payment; Right of Return; Delay

(1) The payment methods that can be selected for the respective customer are specified in our online shop.

(2) All payments are to be made directly, or in case of purchase on account as prepayment, within 10 days. The final invoice will be issued and the invoice delivered after the determined receipt of payment and after the online course has taken place or after the goods have been shipped. The course takes place by starting the online course. The invoice will be delivered in PDF format to the customer’s e-mail address.

(3) In the event of payment by credit card, the purchase price is reserved on the customer’s credit card at the time of the order (“authorization”). The customer’s credit card account is actually debited at the time when we send the goods/services to the customer.

(4) When paying by direct debit, the customer may have to bear the costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details.

(5) If the customer is in arrears with a payment, he is obliged to pay the statutory default interest in the amount of 9 percentage points above the base rate. There is also a right to payment of a flat rate of 40 euros. The assertion of further damages remains reserved.

(6) If the customer does not meet his payment obligations on time or it turns out that his financial circumstances are no longer sufficient for a loan or deferral, we are entitled to immediately call all outstanding claims or to demand security. Any access data will then be deleted immediately.

(7) The right of return and right of withdrawal for tangible goods is 14 days. Excluded from the refund and right of withdrawal are intangible goods or services. The execution of the contract for digital content begins with the log-in with the purchased login data into the examination portal (www.eplan-exam.com). Thus, the requirements according to § 356 para. 5 BGB are met.

4. Offsetting / Right of Retention

(1) The customer is only entitled to offset if his counterclaim has been legally established or is not disputed by us.

(2) The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

(3) We can assert a right of retention against all future, also recognized orders of the customer if the customer does not meet his payment obligations.

(4) The right of revocation expires prematurely if the service has been rendered in full. In the case of the online tests or other online services offered by us, the service is fully rendered when the online access data required for the provision of our services are delivered.

5. Delivery, Risk of Transportation, Delivery Dates

(1) Unless otherwise agreed, the delivery of the goods/service is carried out at your request from our warehouse to the address you have specified or by e-mail to the customer e-mail address after the booking process and receipt of payment. The delivery of shipping goods is free kerbside unless otherwise agreed in individual cases.

(2) The risk is transferred to the customer when the goods/services are handed over to the freight forwarder, carrier, or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer leads to the transfer of risk.

(3) We will be released from our performance if we were not supplied in time by our suppliers as part of a congruent hedging transaction, unless we are responsible for the non-delivery ourselves. The customer will be informed immediately about the missing delivery and the consideration will be refunded immediately.

(4) If advance payment has been agreed, the specified delivery dates are subject to timely payment. In the event of late payment, the delivery date will be postponed accordingly.

(5) We are entitled to make partial deliveries insofar as this is reasonable for the customer, taking into account the mutual interests. Additional shipping costs are at our expense. The risk passes to the customer when the respective partial delivery is handed over. If we are in arrears with outstanding partial services or it is not possible for us to deliver outstanding partial services, the customer is entitled to withdraw from the contract as a whole or to demand compensation for non-fulfillment of the entire liability, provided that he is not interested in the partial delivery.

(6) These terms and conditions apply accordingly to the delivery of the intangible goods.

6. Retention of Title

(1) We reserve ownership of the goods/services until all claims from the current business relationship have been fully settled. Pledging or transfer by way of security is not permitted before the transfer of ownership of the reserved goods/services.

(2) Our service and the access data for the online exams and other online services are institution/person-related and may not be resold. The customer may resell the goods/services in the ordinary course of business. In this case, the customer already assigns to us all claims in the amount of the invoice amount that the customer incurs from the resale. We accept the assignment. However, the customer remains authorized to collect the claims. If the customer does not properly meet his payment obligations, we reserve the right to collect claims ourselves.

(3) If the reserved goods/services are combined and mixed, we acquire joint ownership of the new item in the ratio of the invoice value of the reserved goods/services to the other processed objects at the time of processing.

(4) We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. It is our responsibility to select the collateral to be released.

7. Warranty

(1) Unless expressly agreed otherwise, the customer’s warranty claims are based on the statutory provisions of the purchase law (§§ 433 ff. BGB) with the modifications specified in the following paragraphs.

(2) Only our own information and the manufacturer’s product description are binding for the quality of the goods/services, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may differ from the information in the online shop. Our information on the subject of the delivery or the service, including the illustrations, is only an approximate description, unless exact agreement is required for the contractual purpose.

(3) You are obliged to examine the goods/services with due care for quality and quantity deviations and to notify us of obvious defects immediately after receipt of the goods/services. This also applies to hidden defects ascertained later on from discovery. In the event of a violation of the obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.

(4) In the event of defects, we provide a warranty of our choice through rectification or replacement (supplementary performance). In the event of rectification, we do not have to bear the increased costs incurred by moving the goods/services to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods/services.

(5) If the subsequent performance fails twice, the customer can request a reduction or withdraw from the contract.

(6) The warranty period is one year from delivery of the goods and 2 weeks from delivery of the service, unless the right of revocation expires prematurely (we refer to § 4 paragraph 4. This restriction does not apply to claims based on damage from injury to life, limb, or health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and the compliance of which the contractual partner can regularly rely on (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by us or our vicarious agents.

(7) Should the delivery of used products be agreed between us and the customer in individual cases, this will be done without any warranty.

8. Liability

(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage to life, limb or human health.

(2) In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, and which is typically expected to occur. This limitation of liability also applies to our vicarious agents.

9. Final Provisions

(1) Should one or more provisions of these terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.

(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Right of purchase”).

(3) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall apply to all disputes arising from or in connection with contracts between us and the customers at our place of business.