General terms and conditions and customer information

I. General Terms and Conditions of Business

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts, which you conclude with us as provider (CXMXO UG hb) via the internet site https://zamiraa.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.

(2) Consumer in the sense of the following regulations is every natural person, who concludes a legal transaction for purposes, which can be predominantly attributed neither to its commercial nor its independent vocational activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) Subject of the contract is the sale of goods .

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding offer to buy (order) via the online shopping cart system.

The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. Before submitting the order, you have the opportunity to check and change all details again (also using the “back” function of the Internet browser) or to cancel the purchase.

By submitting the order via the button “pay order” you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. Any services already rendered will be refunded immediately in this case.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

§ 3 Conclusion of the contract for download products

(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier).

As soon as you place the respective download product on our website, we will submit a binding offer to conclude a contract under the conditions specified in the item description.

(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal data and payment terms, all order data is displayed again on the order overview page.

Before submitting the order, you have the possibility to check and change (also using the “back” function of your internet browser) or cancel the purchase.

By sending the order via the button “pay order” you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

§ 4 Usage license for download products

(1) The offered download products are protected by copyright. You will receive a simple user license for each download product purchased from us, unless otherwise stated in the respective offer.

(2) The simple user license includes the permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device.

Any further copy is prohibited. You are expressly prohibited from modifying or editing a file or any part of it and from making it available in any way to third parties, either privately or commercially.

§ 5 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violate existing laws. You shall expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.

§ 6 Conclusion of the contract for courses

(1) The subject of the contract is the execution of courses.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding offer (order) via the online shopping cart system. In doing so, the courses intended for booking are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering your personal data and payment terms, all order data is displayed again on the order overview page.

Before submitting the order, you have the possibility to check and change all details again (also using the “back” function of the Internet browser) or to cancel the order.

By submitting the order via the corresponding button, you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. by e-mail), in which the booking is confirmed to you (booking confirmation). If you have not received a corresponding message, you are no longer bound to your booking. Any services already rendered will be refunded immediately in this case.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.

§ 7 Performance of services for courses

(1) The courses in the form described in the respective offers are held on the agreed dates.

(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer.

If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) no later than 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case.

(3) In the event of cancellation of an individual event due to the short-term absence of the course instructor due to illness or other important reason, any services already rendered will be refunded immediately.

In the case of events consisting of several dates, if one date is cancelled due to the short-term absence of the course instructor due to illness or for other important reasons, the cancelled date will be made up on an alternative date.

(4) In connection with the use of course rooms and objects, you must comply with the local house rules. You must follow our instructions or the instructions of the course instructor.

§ 8 Substitute participants

You can name a substitute participant at any time before the course starts. There are no costs for this rebooking.

§ 9 Right of retention, reservation of title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 10 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.

(3) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:

a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty either by repair or by subsequent delivery. If the rectification of defects fails, you may at your discretion demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:

– for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
– in the case of statutory rights of recourse which you have against us in connection with rights in respect of defects.

§ 11 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).

(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

II. Customer Information

1. identity of the seller

CXMXO UG hb
Hansaring, 1
50670 Cologne
Germany
Phone: 022116532370
e-mail: office@zamiraa.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1 Contract language is German .

3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services are to be found in the respective offer.

5. prices and terms of payment

5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3 The payment methods available to you are shown under a correspondingly marked button on our website or in the respective offer.

5.4 Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5.5 Unless otherwise agreed upon, payment for booked courses must be made at the latest on the course date on site before the course begins, otherwise there is no claim to participation.

6. terms of delivery

6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, the delivery and dispatch is at your risk.

7. legal liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions of Business (Part I).

These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specializing in IT law and are permanently checked for legal conformity.

last update: 23.10.2019