General Terms and Conditions for Digital Offers
General Terms and Conditions ("GTC") of TechMechAcademy Jens Konopka, Kanalstraße I 34, 26639 Wiesmoor (hereinafter referred to as the "Seller") for the digital offers on the online learning platform TechMechAcademy.com.
1. Scope of Application
These General Terms and Conditions for digital offers apply to all legal transactions between the Seller and consumers and companies (hereinafter "Customers") concerning the sale of time-limited access agreements (daily, weekly, monthly, or multi-month access) for existing paid content of the learning platform TechMechAcademy.com in its version valid at the time of the order. Deviating conditions of the Customer will not be recognized unless the Seller expressly agrees to their validity.
Individual agreements made with the buyer in individual cases (including subsidiary agreements, additions, and amendments) always take precedence over these terms and conditions. A written contract or our written confirmation is decisive for the content of such agreements, subject to evidence to the contrary.
2. Conclusion of Contract
The web pages, advertisements, and advertising materials of any kind as well as the product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to submit a binding offer by the Customer.
The Customer can submit the offer via the online order form integrated into the Seller's online shop. The Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.
Before completing the ordering process, the Customer will be informed about the total price as well as any information about the term and scope of the service.
The contract is concluded by the Seller either expressly accepting the order or actually fulfilling the order by providing the offer (e.g., by activating digital content).
Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of use of PayPal, which can be viewed at www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, viewable at www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button concluding the ordering process.
When placing an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and, in addition to the individual access data (username and password) with which the Customer can log in to the password-protected digital offer via data transmission, is transmitted to the Customer in text form (e.g., email, fax, or letter). A user account is mandatory for using the digital offer and is automatically created during the ordering process. The order data is archived on the Seller's website and can be accessed free of charge by the Customer via the Customer's password-protected user account using the corresponding login data.
Before submitting the order via the Seller's online order form, the Customer can recognize any input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct his entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button concluding the ordering process.
German and English are available for the conclusion of the contract.
Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that he can receive the emails sent by the Seller. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered to the email address provided by the Customer for order processing, especially if SPAM filters are used.
3. Provisions for Online Services
Online services include all digital content that can be accessed and used for the duration of the usage agreement, limited in time, online, i.e., by loading into the computer's memory, regardless of the type and scope of the end device (e.g., computer, mobile app, tablet, etc.). This includes in particular access to paid content of the learning platform TechMechAcademy.com.
3.1 Access Data, Technical Requirements
The acquisition of online services requires that the Customer first concludes a usage agreement via the website www.TechMechAcademy.com (hereinafter "Website") and opens a user account. The Customer receives individual access data (username and password) through this, with which he can log in by remote data transmission. These access data entitle him to use the online services within the scope of his usage agreement.
The Customer must create the individual technical prerequisites for accessing and using the online services, including the necessary hardware and operating system software, internet connection, and current browser software, even if the software platform or other technical system components are further developed by the Seller; upon request, the Seller will provide information to the Customer about the browser to be used in each case.
3.2 Usage Rights
Subject to the payment of the agreed and due fee, the Customer is granted the contractually agreed, non-transferable, simple right to use the contents of the online service for private or other personal use, limited to the duration of the usage agreement.
The usage right entitles the Customer to access and research. Within the scope of research, contents may be copied and stored on the Customer's end device for the Customer's personal use. Beyond that, further reproductions or any other use or exploitation of contents is only permitted with the Seller's prior written consent. The systematic automated retrieval of contents, the creation of systematic collections from retrieved contents, the systematic passing on of contents, or their systematic provision to third parties, as well as the use of the online service for the purpose of professional information brokerage (research and content retrieval on behalf of a third party), are not permitted.
Downloaded contents may generally only be stored for the duration of the usage agreement. After that, they must be deleted. Permanent archiving of downloaded contents is not permitted. Permanent storage of significant amounts of data for the creation of one's own systematic collections is not permitted.
Any use beyond this, in particular, the reproduction, distribution, public accessibility, rental, lease, or lending of contents of the online service, both in printed and digital form, is not permitted.
The Customer is obliged to provide the Seller with written information about the type and extent of the use of the online services upon request, if objectively understandable indications of a contractually non-compliant use, in particular excessive use, are present. Other rights and claims of the Seller in the event of contractually non-compliant use remain unaffected.
Furthermore, the Seller reserves all rights to the contents published in the online services, in particular trademark rights and copyright.
3.3 Confidentiality and Abuse of Access Data
Unauthorized use by third parties is prohibited and must be prevented by the Customer to the extent possible. In particular, the Customer must keep all access data confidential.
The Customer is liable for any misuse attributable to him. In the event of misuse or if there are indications that the Customer's use of the technologies used by the Customer impairs the functionality or security of the online services or limits the Seller's possibilities, to check the Customer's access authorization and the permissibility of the type and extent of use and to prevent performance surreptition, the Seller has the right to block access to the online service. The Seller will contact the Customer before blocking and inform him of the facts and the intended blocking and give him an opportunity to remedy the situation within a reasonable period; this does not apply in case of imminent danger.
If the Customer becomes aware of any abuse of the access data, he is obliged to inform the Seller immediately.
3.4 Scope of Services, Times of Unavailability
The Seller is responsible for connecting its servers to the internet and ensures availability 24 hours a day, seven days a week, with appropriate response times, e.g., through suitable contracts with its provider. The Seller aims for an availability of the online services of 98.5% on an annual average.
Times of unavailability not recorded in determining downtime include
- due to the Customer's failure to provide the technical requirements for access to and use of the online service,
- due to malfunctions in the data transmission network or defects attributable to the data transmission company,
- due to force majeure, in particular power failures or disruptions in the telecommunications networks,
- due to routine or necessary maintenance or update measures between 10:00 p.m. and 6:00 a.m. CET. Extraordinary maintenance times between 6:00 a.m. and 10:00 p.m. CET do not count as downtime, provided they do not exceed a maximum of three hours per month.
3.5 Reservation of Changes
The Seller reserves the right to change the contents of the online service at any time, in particular to appropriately reduce or expand the scope of the service, if there is a valid reason for doing so.
The Seller reserves in particular the right to make changes to adapt the online service to the state of the art, changes to optimize the online service, in particular to improve user-friendliness, as well as changes to contents, provided that the latter are necessary for the correction of errors, for updating and completion, for programmatic optimization, or for licensing reasons.
3.6 Special Payment Conditions for Online Services
The Seller always charges the agreed fee for the desired time-limited access contract in advance. The Customer is obliged to make a prepayment to this extent. All prices are final prices in euros and include the statutory value-added tax.
3.7 Term and Termination
The time-limited accesses to the online services are acquired by the Customer in the form of daily, weekly, monthly, or multi-month access. The term of a purchased time-limited access can be retrieved by the Customer on the Seller's website via the Customer's password-protected user account using the corresponding login data free of charge.
The term of a time-limited access does not extend automatically; accordingly, no termination by the Customer is required. The time-limited access contract ends with the associated term end.
In the event of a contractually compliant expiration of the time-limited access, access to the online service is immediately blocked.
3.8 Defects
The Seller rectifies technical defects of the online service within a reasonable period. The Seller's responsibility only extends to the transfer point of the systems operated by the Customer to the internet, but not to the Customer's systems and data transmission lines beyond the transfer point.
The Seller applies standard care for the selection and maintenance of the contents. However, completeness, correctness, and timeliness of the contents cannot be guaranteed.
It is the Customer's responsibility to report any recognizable defects, malfunctions, or damages that occur immediately.
4. Data Protection
Detailed information regarding the processing and possible storage of your data can be found in our separate privacy policy.
5. Right of Withdrawal
Detailed information regarding the right of withdrawal can be found in our separate cancellation policy.
6. Copyright and Liability
Detailed information regarding copyright and disclaimer can be found in our separate copyright and disclaimer statement.
7. Final Provisions
Supplementary agreements, changes, or additions require written form to be effective. This also applies to the abolition of the written form.
Contrary GTC of the Customer are not recognized by the Seller.
German substantive law applies, excluding the UN Sales Convention.
Place of performance is the Seller's place of business.
The wording of the contract and these provisions in the German language is decisive.
Different or additional terms and conditions of the Customer do not become part of the contract unless the Seller has expressly agreed to their validity.
The European Commission provides an internet platform for online dispute resolution ("ODR platform") at ec.europa.eu/consumers/odr/. The ODR platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.