Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

1. GENERAL INFORMATION

The ownership of this website www.online-deutschakademie.com, (hereinafter Website) is held by: Julia Krist, with NIF: Z0597526Z, and whose contact details are:

Address: Passatge del Mar d'Alboran 8, 08918 Badalona.

Contact telephone number:

Contact email: [email protected]

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.online-deutschakademie.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Online Deutschakademie carries out through the Website comprises:

Marketing and distribution of online products for learning the German language, such as ebooks and courses.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Online Deutschakademie. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User consents to be bound by these Terms and Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so it is accepted, from the time you start browsing the Website, all the Conditions set forth herein, as well as its subsequent amendments, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

Use this Web Site only to make inquiries and legally valid purchases or acquisitions.

Not to make any false or fraudulent purchases. If such a purchase could reasonably be deemed to have been made, it may be cancelled and the relevant authorities will be informed.

To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

The User may conclude, at his/her choice, with Online Deutschakademie the contract of sale of the desired products and/or services in any of the languages in which the present Terms and Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the established means and in the established ways. They shall follow the online purchase and/or acquisition procedure of www.online-deutschakademie.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Buy now".

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an e-mail confirming that Online Deutschakademie has received his or her order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from Online Deutschakademie using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown next to the presentation or, if applicable, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved during the transactions carried out on the Website could be archived and kept in the computerized records of Online Deutschakademie in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and with the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Online Deutschakademie through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. Should difficulties arise with regard to the supply of products or should there be no products in stock, Online Deutschakademie undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.

However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card.

Online Deutschakademie uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to verification and authorization by the issuing bank. If the issuing bank does not authorize payment, Online Deutschakademie will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Online Deutschakademie receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.

In any case, by clicking on "Buy now" the User confirms that the payment method used is his own.

6. DELIVERY

In cases where it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Worldwide.

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, for which it is responsible, Online Deutschakademie is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery at the agreed time, he/she should contact Online Deutschakademie to arrange delivery on another day.

If 30 days have elapsed since your order has been available for delivery, and it has not been delivered for reasons not attributable to Online Deutschakademie, Online Deutschakademie shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded to the User, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it shall be understood that delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Online Deutschakademie receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after full receipt of the amount paid by Online Deutschakademie.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or performance shall be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify such data by contacting Online Deutschakademie through the contact spaces provided on the Website, and, if applicable, through those provided for contacting customer service, and/or by using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on "Buy now", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User acquires products on or through the Website of the owner, he/she is entitled to a number of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Online Deutschakademie Website or in the event that the goods comprising his order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a contract for services, 14 calendar days from the day of conclusion of the contract.

In order to exercise this right of withdrawal, the User must notify Online Deutschakademie of his decision. He/she may do so, if applicable, through the contact spaces provided on the Website.

The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally express that he/she intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Online Deutschakademie makes available as an annexed part of these Conditions; however, its use is not obligatory.

In order to meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Online Deutschakademie will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Online Deutschakademie is informed of the User's decision to withdraw.

Online Deutschakademie will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional costs to the User. However, Online Deutschakademie may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User may return or send the products to Online Deutschakademie at: Passatge del Mar d'Alboran 8, 08918 Badalona.

And shall do so without undue delay and in any case not later than 14 calendar days from the date on which Online Deutschakademie was informed of the withdrawal decision.

The User acknowledges being aware that he shall bear the direct cost of returning (transport, delivery) the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by Online Deutschakademie, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model withdrawal form: [email protected]

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact Online Deutschakademie immediately and inform it of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, Online Deutschakademie being liable, therefore, for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Online Deutschakademie and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the quality and performance usual for a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. For this purpose, the User must have retained all information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Online Deutschakademie accepts no liability for the following losses, regardless of their origin:

any losses which are not attributable to any breach by you;

business losses (including loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill or unnecessary expenses incurred); or for

any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between them.

Online Deutschakademie also limits its liability in the following cases:

Online Deutschakademie applies all measures concerning providing a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.

Online Deutschakademie will act with the utmost diligence in order to make available to the company in charge of the transport of the product that is the object of the purchase order. However, Online Deutschakademie shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays, and in general any other causes typical of the sector, which result in delays, loss or theft of the product.

Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site due to maintenance or other reasons, preventing the availability of the service. Online Deutschakademie makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, however, it is exempt from responsibility for causes that are not attributable to it, fortuitous events or force majeure.

Online Deutschakademie shall not be liable for misuse and/or wear and tear of the products that have been used by the User. At the same time, Online Deutschakademie shall also not be liable for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

In general, Online Deutschakademie shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:

Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.

Impossibility of using public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Online Deutschakademie will have an extension in the deadline to fulfill them for a period of time equal to the duration of the cause of force majeure. Online Deutschakademie shall use all reasonable means to find a solution to enable it to fulfill its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User agrees that most communications with Online Deutschakademie will be electronic (e-mail or notices posted on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Online Deutschakademie sends electronically comply with legal requirements to be in writing. This condition shall not affect the User's statutory rights.

The User may send notifications and/or communicate with Online Deutschakademie through the contact details provided in these Terms and Conditions and, if applicable, through the contact areas of the Website.

Likewise, unless otherwise stipulated, Online Deutschakademie may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by Online Deutschakademie of any particular right or remedy or failure by Online Deutschakademie to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising out of a contract or the Conditions, or relieve the User from the performance of its obligations.

No waiver by Online Deutschakademie of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. VOID

If any of the present Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.

13. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between the User and Online Deutschakademie in relation to the subject matter of the sale and purchase, and supersede any other prior pact, agreement or promise made verbally or in writing by the same parties.

The User and Online Deutschakademie acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

Personal information or data provided by the User to Online Deutschakademie in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, if applicable, in the Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Online Deutschakademie and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send Online Deutschakademie any complaints, claims or other comments through the contact details provided at the beginning of these Terms and Conditions (General Information).

Furthermore, Online Deutschakademie has official complaint forms available to consumers and users, which they can request from Online Deutschakademie at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).

Furthermore, if a dispute should arise from the conclusion of this purchase contract between Online Deutschakademie and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Sale document has been created using the ventaonline general terms and conditions template generator on 17/01/2024.