Terms and Conditions (Conditions of Sale for End Customers)

§ 1 Scope of Application

(1) These General Terms and Conditions govern the authorized sale of goods and services and the licensing of digital products (hereinafter: “Products”) by AffiliCon GmbH, Hohenzollernring 5, 50672 Cologne (hereinafter: “AffiliCon”) through the online order process operated by AffiliCon (hereinafter: “Order Process” or “Online Order Process”).

(2) These General Terms and Conditions are intended both for consumers within the meaning of § 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of § 14 BGB (hereinafter: “Customers”). A consumer is any natural person entering into a legal transaction for a purpose that is not associated either with his/her commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that exercises its commercial or independent professional activity by entering into a legal transaction. If provisions of these General Terms and Conditions are solely intended for either consumers or entrepreneurs, this shall be highlighted expressly in the following.

(3) AffiliCon sells and/or licenses Products from retailers and service providers (hereinafter: “Providers”) who, in the event of an order from the Customer to AffiliCon, undertake to perform the relevant service directly for the Customer and thus to act as vicarious agents of AffiliCon.

(4) By placing an order, the Customer declares that they agree to the provisions in these General Terms and Conditions.

(5) If there is a pre-existing, ongoing business relationship between the Customer and AffiliCon, these General Terms and Conditions shall also be valid merely by reason of being referred to during the conclusion of future contracts.

§ 2 Product Descriptions

The material characteristics of the Products offered by AffiliCon arise from the Product descriptions supplied by the respective Provider.

§ 3 Conclusion, Confirmation and Storage of Contract

(1) The Products presented on the Provider’s website and the price information and offers given there do not constitute an offer from the Provider or from AffiliCon to conclude a contract. Rather, the Customer is invited merely to make an offer to AffiliCon to purchase the respective Product by placing an order.

(2) AffiliCon expressly declares to the Customer that the Customer may verify and correct the inputs entered during the Order Process at any time before placing the order. In particular, the Customer may correct the inputs by deleting them, pressing the “Back” button or closing the most recently opened window (by pressing the “X” button). Information about further options for correcting the inputs will be provided by AffiliCon during the Order Process. The Customer may also terminate the Order Process completely by closing the browser window.

(3) By placing the order, the Customer makes a binding offer to conclude a contract with AffiliCon regarding the respective Product. By placing the order, the Customer recognizes these General Terms and Conditions as decisive for the purchase. Where services are provided by a Provider and it is clear that AffiliCon facilitates access to these services for the Customer, the information supplied by the Provider shall also apply. Prior to sending an order via the Order Process, the Customer can save the contract data electronically or print it out using the print function in the browser.

(4) AffiliCon shall confirm receipt of the order from the Customer by sending a confirmation email (“Order Confirmation”). This Order Confirmation constitutes an acceptance of the offer of contract by AffiliCon. Along with this Order Confirmation, the Customer shall receive the contract text underpinning the order (the General Terms and Conditions governing the order, notification of the right to cancellation and information about the order itself as well as payment and shipping information where required). The Customer is recommended to print these documents out. The complete contract text will not be stored by AffiliCon.

§ 4 Special Provisions for Individual Product Types

(1) Digital products (e.g. software, e-books, audio files and video files)

a) Prior to the conclusion of contract, the Customer must verify that the specifications of the digital Product meet its wishes and requirements. The material functional characteristics and conditions and the system requirements (compatibility and interoperability) of the digital Product are stated on the website of the Provider and during the Order Process and are a component of the contract.

b) As a general rule, the provision of digital Products shall occur by supplying a download link and facilitating the download of the digital product.

c) Insofar as the Customer is a consumer, AffiliCon shall ensure that the updates required to maintain the Product in its contractually agreed state are provided to the Customer during the relevant period and that the Customer is notified about these updates. The necessary updates include security updates. The relevant period according to sentence 1 is: (i) for a contract for the long-term provision of a digital Product, the provision period; (ii) in all other cases, the period that the Customer may reasonably expect based on the type and purpose of the digital Product and considering the circumstances and the type of contract.

d) The digital Products are protected by copyright. The Provider shall retain ownership of the digital Products and the copyright and other industrial property rights to the digital Products. The digital Products are licensed, not sold. The Provider shall grant the Customer the rights stated in the license terms of the digital Product, whereby these shall at least include the irrevocable and non-sublicensable right to store the digital Product on a data carrier and to run it by loading into the working memory.

e) The Customer is prohibited from making all or parts of the digital Product available to third parties by means of transmission, making it publicly available, uploading or any other type of publication or distribution and/or from supporting such acts; the above may be punishable by law. The Customer is liable for all copyright infringements incurred by the Provider and / or AffiliCon as a result of a violation by the Customer of the aforementioned provision. If the digital Product is licensed for use for an unlimited period of time, the Customer may sell the license only on condition that the Customer first renders the copy of the digital product installed on its computer unusable (e.g., by permanently deleting it) and obligates the new licensee to observe the existing copyright and the rights of use granted to the Customer.

f) Insofar as the digital Product is software, the Customer may obtain a back-up copy of the licensed software on CD by checking the field “Back-up copy” in the shopping basket during the Order Process, where this option is offered for the Product in question.

(2) Webinars

a) Once the order is complete, the Customer shall receive a link and access details in order to participate in the webinar. It is not permitted to pass the link to third parties. The Customer undertakes to follow the instructions in the respective webinar description.

b) The booking of a webinar is binding for the Customer in respect of the subject of the webinar and the specific date. Cancellation or rebooking are only possible if expressly permitted according to the Provider’s terms.

c) If the Customer fails to attend the booked webinar or to log in without having arranged a contractually valid cancellation or rebooking in writing in advance in accordance with § 4 (2) b), the full attendance fee remains payable. No reimbursement of the paid attendance fee will be possible in this case.

d) The Provider of the webinar has no influence over the fault-free technical functionality of the webinar access software used by the Customer or of any other software used by the Provider to deliver the webinar. The Customer acknowledges that the availability of the webinar cannot be guaranteed at 100%. In particular, maintenance, security or capacity issues and other events that are outside the control of the Provider of the webinar (e.g. disruptions to public communication networks, power failures, etc.) may lead to short-term disruptions of the webinar. There shall be no claim to cancellation or to a reimbursement of the attendance fee in this case.

e) In the event of special, unforeseeable circumstances, webinar speakers may be replaced by other persons with comparable qualifications in the same subject matter. There shall be no claim to cancellation or to a reimbursement of the attendance fee in this case.

f) If a webinar is cancelled for good cause, the Customer shall receive a refund for the full attendance fee. Any further claims are excluded.

g) Insofar as documents are provided in connection with the webinar, these are protected by copyright. The passing of documents to third parties by the Customer is not permitted and will be prosecuted as appropriate under criminal and civil law.

(3) Seminars

a) The Customer may only withdraw from a booked seminar a minimum of 14 days before the seminar.

b) Should a seminar be cancelled due to insufficient participant numbers, illness on the part of the speaker or other important reasons, the pre-paid attendance fee shall be reimbursed. Any further claims are excluded. If a cancellation is initiated by the Provider, this will normally occur one to three days in advance of the seminar. This must be considered when booking travel or making other preparations, e.g. booking hotels and train tickets.

c) In the event of special, unforeseeable circumstances, seminar speakers may be replaced by other persons with comparable qualifications in the same subject matter. There shall be no claim to cancellation or to a reimbursement of the attendance fee in this case.

d) The seminar documents are protected by copyright. The passing of documents to third parties by the Customer is not permitted and will be prosecuted as appropriate under criminal and civil law.

§ 5 Availability of Products and Arrangements Subject to Changes in Delivery

(1) The delivery and provision of digital Products is as a general rule guaranteed, subject to the availability of supplementary materials such as data carriers and brochures, and provision of the Product shall occur immediately after the conclusion of contract.

(2) For products other than digital Products, availability may in some cases be shown on the Provider’s online availability display. However, the information provided here is non-binding, since for technical reasons, it may occur that the number of orders placed is greater than the stock of the Product in question. If a Product is oversold, the Customer shall be immediately informed of this. In this case, the amounts paid shall be refunded to the Customer immediately and at latest within 14 days, insofar as no agreement has been reached with the Customer to deliver the Product at a later date.

§ 6 Prices and Shipping Costs

(1) The information provided in the Online Order Process and in the following provisions shall apply in respect of the prices of the Products.

(2) The prices stated on the product pages and in the Online Order Process include the statutory value-added tax, which will be shown separately on the invoice.

(3) If the service is rendered not by download but by means of a physical shipment, the shipping costs shall be added to the Product price. The shipping costs are displayed in the detailed item view in the Online Order Process.

§ 7 Payment by the Customer

(1) The payment methods available for the order shall be displayed to the Customer as part of the Online Order Process. Payment for the ordered Products shall then occur via the method selected by the Customer during the Online Order Process.

(2) If the Customer chooses credit card payment, PayPal payment or Sofort (express) transfer, AffiliCon reserves the right to check the validity of the selected payment method before accepting the order.

§ 8 Delivery to the Customer

(1) For digital Products, delivery shall take place via download and without geographical restriction. For other products, delivery is offered within Germany as well as within the other countries listed by the Provider and displayed to the Customer during the Order Process; the Customer can choose from these countries when placing the order.

(2) If the delivery involves physical Products, shipment shall be carried out by a shipping provider (e.g. DHL, UPS, DPD) to the delivery address supplied by the Customer in accordance with the delivery period specified during the Online Order Process. The Customer shall receive a shipping confirmation via email as confirmation of the shipping. This email is usually sent by the Provider of the Product or by a shipping provider who, in this respect, is acting as a vicarious agent of AffiliCon.

(3) If a delivery cannot be carried out due to the circumstances of the building at the delivery address or if the Customer cannot be reached at the delivery address it has provided despite having been given appropriate notice of the delivery time, the Customer must bear the costs of the unsuccessful delivery. In the event of three unsuccessful delivery attempts, AffiliCon shall have the right to withdraw from the contract.

(4) The Customer shall only be entitled to collect the goods itself if ‘collection by the customer’ was expressly offered in the Online Order Process for the respective Product and was selected by the Customer.

(5) The Customer must immediately report any defects in the delivered physical Products to AffiliCon.

§ 9 Termination of Contract, Tacit Renewal, Form

(1) Insofar as the contract has as its subject the regular provision of services or goods (e.g. in the form of a subscription), the Customer may terminate the contract at any time with effect as of the end of the term of the contractual relationship.

(2) If the contract is not terminated by the Customer in accordance with paragraph (1) above, the contractual relationship shall be tacitly renewed for an indefinite period and may then be terminated by AffiliCon or the Customer at any time with a notice period of one month.

(3) The option for termination without notice shall not be affected by the above paragraphs (1) and (2).

(4) Termination by the Customer according to the above paragraphs (1) to (3) may be given in text form (e.g. email, fax) or by pressing the cancellation button (“Cancellation Button”) on AffiliCon’s website at www.affilicon.net.

§ 10 Warranty and Limitation

(1) The Customer’s warranty rights shall be based on the statutory provisions unless anything to the contrary is specified in the following. If the Customer is a consumer, §§ 327 to 327u of the German Civil Code apply.

(2) If the Customer is a consumer, the limitation period for warranty claims by the Customer shall be two years for digital Products and newly manufactured goods and one year for used goods. Where digital Products are provided on a long-term basis, the limitation period for claims arising therefrom shall not expire until twelve months after the end of the provision period. Claims arising from a breach of the obligation to update shall not expire until twelve months after the end of the period for which this obligation applies. If a defect becomes evident during the limitation period, the limitation period shall not expire until four months after the time when the defect first became evident. If the Customer is an entrepreneur, the limitation period for warranty claims by the Customer shall be one year for newly manufactured goods, used goods and digital Products.

(3) The shortened limitation periods described above shall not apply for claims for damages by the Customer due to an injury to life, limb or health, or for claims for damages due to a breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract, e.g. the obligation of AffiliCon to provide the item to the Customer free from defects of title. The shortened limitation periods described above shall also not apply for claims for damages based on an intentional or grossly negligent breach of duty by AffiliCon or its legal representatives or vicarious agents.

§ 11 Limitation of Liability

(1) AffiliCon assumes no liability for the continuous availability of the system or for system failures, interruptions and/or faults in technical equipment, insofar as these lie outside of the control of AffiliCon. In particular, AffiliCon shall not be liable for faults in the quality of access to AffiliCon’s service due to force majeure circumstances or events for which AffiliCon is not responsible, in particular the failure of communication networks and gateways. AffiliCon generally assumes no liability for minor disruptions to the services.

(2) AffiliCon assumes unlimited liability insofar as the cause of damage was a grossly negligent or intentional breach of duty by AffiliCon or by its legal representatives or vicarious agents.

(3) Furthermore, AffiliCon assumes liability for the slightly negligent breach of essential obligations (“Essential Obligations”). Essential Obligations are those whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment is necessary to enable the proper performance of the contract and upon whose observance the Customer may reasonably rely. In such cases, however, AffiliCon shall be liable only for foreseeable damages that are typical of the type of contract. AffiliCon assumes no liability for the slight negligent breach of duties except as described in the preceding sentences.

(4) The foregoing provisions shall not affect the unlimited liability of AffiliCon for injury to life, limb or health arising from a negligent or intentional breach of duty by AffiliCon, its legal representatives or vicarious agents in accordance with statutory provisions, or for damages covered by liability under the German Product Liability Act (Produkthaftungsgesetz).

(5) To the extent that the liability of AffiliCon is excluded or limited by the above provisions, this also applies for the personal liability of AffiliCon’s legal representatives or vicarious agents.

§12 Data Protection

(1) AffiliCon complies with the applicable data protection laws and collects, processes, stores and uses the personal data of the Customer solely in accordance with the provisions of the AffiliCon data privacy statement.

(2) AffiliCon shall pass on the Customer’s personal data to Providers only insofar this is necessary for one of the following reasons:

(a) to facilitate the delivery or provision of the Product by the Provider; or

(b) to facilitate the provision of technical and/or other support to the Customer by the Provider, or

(c) if the Customer has expressly consented to receiving the Provider’s newsletter.

§13 Concluding Provisions

(1) In the event that individual provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions of this agreement, subject to Section 305 et seqq of the German Civil Code. In the event of the invalidity of individual or several provisions, the statutory regulations shall apply.

(2) The services of AffiliCon shall be rendered solely on the basis of these General Terms and Conditions and any supplementary information supplied by the Provider. Conflicting terms and conditions of the Customer shall only apply if they are expressly recognized by a director or senior executive of AffiliCon. Tacit recognition of the Customer’s terms and conditions is excluded.

(3) The General Terms and Conditions and all legal relationships between the Customer and AffiliCon shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of UN sales law.

(4) Insofar as the Customer is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes resulting from and/or in connection with these General Terms and Conditions governing the contractual relationship between AffiliCon and the Customer is Cologne.

(5) The European Commission provides a platform for online dispute resolution that can be accessed under the following link: http://ec.europa.eu/consumers/odr/. Consumers can use this platform to settle their disputes.

Cologne, June 2022