General Terms and Conditions
1 Scope of application
1.1 The following General Terms and Conditions in the applicable version at the time of placing the order shall apply exclusively to the business relationship between ACADEMIA Webinars – B. Blüchel & K. Pougin GbR, Roonstrasse 37, 44143 Dortmund, Germany (henceforth “Organisers”) and the participants in online seminars and purchasers of video courses (henceforth “Customers”). We shall not acknowledge conflicting, different or supplementary general terms and conditions, nor shall these form part of the contract.
1.2 An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
1.3 A consumer for the purposes of these General Terms and Conditions means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (section 13 BGB). Participants who take part in seminars via their employer are not consumers since in this case (for example if the employer books the seminar for their employees) it is not they themselves but rather their employer who is the contractual partner with the Organiser
2 Subject matter of the contract
2.1 The Organisers, via their platform, offer attendance seminars and online training courses, (henceforth “Events”) which are provided through various forms of teaching and methods of implementation (e.g. a lecture with chat support, discussion or workshop, live webinar or video course).
2.3 Prices, details and conditions for individual events can be found in the respective product descriptions in the online shop.
2.4 The presentation of Events on the Organisers’ website does not constitute a legally binding offer but instead is an invitation to place an order. The service descriptions do not have the character of an assurance or warranty.
2.5 Unless stated otherwise, all offers are valid “while stocks last”, i.e. until the maximum number of participants is reached.
3 Ordering process and conclusion of contract
3.1 Customers can book an Event on the website. During registration, the Customer must truthfully provide all the requested personal information.
3.2 After payment is received, the invoice and subsequently the access data for the event shall be sent to the Customer’s e-mail address stated at the time of booking. The Customer agrees to keep this data safe, not to pass it on to unauthorised third parties, and to prevent third parties from gaining access to it. The Customer further agrees to ensure that the data they provide is kept up to date, especially their contact details.
3.3 After payment is received, the Organiser shall send an e-mail confirming that the order has been completed. Only then does a contract come into existence between Organiser and Customer. In this respect ACADEMIA Events (seminars / webinars / video courses) listed on the website do not constitute an offer in the legal sense.
Withdrawal from a live webinar: Withdrawal from a webinar is possible free of charge until 4 working days before the scheduled date. If the booking is cancelled after that time, the participation fee shall not be refunded. (If a recording is produced, this will be made available).
Withdrawal from an attendance seminar: Withdrawal is possible free of charge until 2 working days before the closing date for registration advertised in the seminar description. Subsequently 100% of the seminar fees shall be payable as a cancellation charge (provided the seminar takes place).
Instead of cancelling, Participants who are unable to attend may elect to appoint a substitute who takes over all rights.
4 Prices and payment terms
4.1 Participation/booking fees can be found in the product description and include VAT at the statutory rate.
4.3 During the order process, the Customer can choose among the available methods of payment.
4.4 If payment by invoice is available, payment is to be made immediately upon receiving the invoice. For all other payment methods, the participation fee is to be paid in advance.
4.5 If third parties are used to process payment, e.g. PayPal (https://www.paypal.com/de/), their general terms and conditions shall apply.
5 Technical requirements for participation in live webinars
5.1 When taking part in a live webinar, each participant must meet the minimum requirements (internet connection, current browser version, download a program from the webinar platform if necessary, speakers or headset) and test these before the webinar.
5.4 Failure to meet the technical requirements for which the Participant is responsible does not release the Participant from the contractual obligation to pay. In so far as a Participant does not report any technical problems during a webinar and no such notifications are evident from the recording either, participation shall be considered to have taken place.
5.6 If training courses are offered permanently as a recording, the Organiser points out that it may not be possible to access the course e.g. due to maintenance or force majeure.
6.1 The content of all events and all materials (webinar documents, recordings that are made available, etc.) are the intellectual property of ACADEMIA Webinars or the respective instructor and are protected by copyright. They may be used exclusively by the registered Participant to whom they were made available. In particular, publication even if only in part, reproduction, distribution and editing are prohibited as is the recording of an event in audio or video or by means of screenshots. Legal proceedings may be initiated in the event of any misuse.
6.2 The Participant agrees to respect copyright and only use the live webinars / video courses individually for their own use under the terms of the contractual agreement.
7 Duration and termination of the contract
The duration of the contract is determined by the respective webinar description. The Participant’s contractual obligations, particularly the obligation to pay, exist regardless of whether the Participant actually attends the booked webinar.
8 Rescheduling and cancellation of live webinars by the Organiser
8.1 ACADEMIA Webinars reserves the right to cancel attendance events up to 4 working days before the appointed time if the minimum number of participants is not reached, unless a different cancellation period is specified in the description in the online shop. If the event is cancelled for this reason or because of the absence of the instructor, force majeure or other unforeseeable events, there is no right to demand that the event be held. Participants shall be informed of the cancellation immediately in writing or via e-mail. Fees already paid will optionally be credited for participation in other events or refunded. Participants shall not assert any other claims against the Organiser.
8.2 If the instructor is absent, the Organiser reserves the right to appoint an equivalent substitute instructor. In this case there is no entitlement to a refund of participation fees.
9 Right to cancel
Consumers have a fundamental right to cancel. More information about the right to cancel can be found in the seller’s cancellation policy.
10 Right of withdrawal
10.1 The following possibility of withdrawal from the contract is applicable in addition to consumers’ statutory right to cancel and does not exclude this right. Withdrawal is applicable in particular to entrepreneurs who cannot make use of the right to cancel.
10.2 A live webinar booking may be cancelled in writing (e.g. by fax or e-mail) not less than 7 working days before the event starts subject to payment of an administration fee of 25% of the participation fee. In the event of cancellation after this time, no participation fees shall be refunded. Receipt of the notification by the Organiser shall be decisive.
11 Place of jurisdiction, applicable law, contract language
11.1 The place of jurisdiction and place of fulfilment is the Organiser’s place of business if the Participant is a business person (Kaufmann), legal person under public law (juristische Person des öffentlichen Rechts) or a special fund under public law (juristische Person des öffentlich-rechtliches Sondervermögen) or has no general place of jurisdiction in Germany or after conclusion of the contract moves his place of business or habitual residence outside of the geographical area of applicability of the German Code of Civil Procedure (Zivilprozessordnung, ZPO) or his place of business or habitual residence is not known at the time proceedings are instituted.
11.2 The laws of the Federal Republic of Germany shall apply. This does not apply if compelling consumer protection regulations preclude such application.
11.3 The contract language is German.
12 Online Dispute Resolution
As at: 1 July 2017