General Business Terms
Status: June 2021
1. Scope
These terms of use regulate the utilization, including the purchase and sale of materials on our website (hereinafter “Platform”). In the following, buyers and sellers are also named to as “User”. Documents available on the website (in SolidWorks or “exe” format), projects in C # or VBA, other materials are named to as “Material”. The services available on the website are named to as “Services”. The website itself is operated by the small company “Dr. Anatolie Sochirean” based in Bochum (hereinafter “Provider”).
By using the Platform, the User confirms that he or she has been made aware of and agrees to the terms and conditions.
2. Conclusion of Contract
The User’s order is a binding offer of contract. An automatic order confirmation will be promptly sent to the User. However, the contract only takes effect once the Material or Materials have been shipped and according to the conditions noted on the packing slip or cover letter. Please check the order confirmation for errors and contact us immediately if something is incorrect. In the case of a mutually concluded contract, the conditions of this contract are in effect.
3. Prices and Shipping Costs
Unless otherwise agreed, the following provision applies: The price does not include sales tax ID due to application of the small business regulation according to § 19 UstG (German law).
4. Payment Conditions
Payment may be rendered as a pre-payment via bank transfer or via credit card, PayPal, direct debit, C.O.D. or by invoice. In the event that pre-payment via bank transfer is selected, the bank account and routing information will be included in the order confirmation. The amount of the invoice must be transferred to our account within 10 days. The customer can only exercise the right to refuse performance until counter-performance is effected if the claims come from the same contractual relationship. In general, the goods are paid for in advance and delivery occurs after receipt of payment.
5. Delivery
Your digital material will be delivered after the order has been processed (order confirmation). The material can be downloaded from the user’s online account, which requires free registration.
6. Liability
The Provider endeavors to keep the Materials and services offered at the highest possible level of content and technology. This applies as well as the correctness of the content and the non-infestation of the materials by viruses or other dangerous content. The Provider assumes no liability or compensation for losses incurred by the user due to errors in the content, incorrect use of the services on the part of the User or virus attack on the materials. The provider expressly points out that it is the responsibility of the User to check the materials for viruses or other dangerous content.
7. Copyright and licensing of the products purchased from the Provider
The content distributed by the Provider is protected by copyright. Every use is subject to the applicable copyright and protective laws. The user undertakes to acknowledge and adhere to them. This includes, in particular, the prohibition of copying and making the materials usable for third parties, for example by including them in electronic databases or creating collections, press archives or press reviews. This prohibition also includes electronic mailing to third parties and the provision of content on the Internet. Violations can result in claims for damages.
After purchasing a Material, the buyer receives a single license – unless expressly stated otherwise in the description of the respective Material.
8. Newsletter
If you have registered for one or more of the newsletters from the Provider, this requires the transfer of the data used in the newsletter (form of address, title, first name, last name, email) to a service provider (Sendinblue), who technically delivers the actual newsletter. The basis for the transfer of the data is the permission to process data for the performance of a contract or pre-contractual measures (Art. 6 Para. 1 lit. a GDPR). Sendinblue’s data protection information can be found here: https://www.sendinblue.com/gdpr/
9. Reservation of Proprietary Rights
Until the full purchase price has been paid, the goods remain the property of Provider.
10. Cancellation Policy. Right of Revocation
You can rescind your declaration of agreement within 14 days in written form (e.g., letter, e-mail) without stating a reason or – if you receive the goods before the cancellation period expires – by sending them back. The period begins with the receipt of this notice in written form but not before the recipient has received the goods (in the case of recurring deliveries of goods of the same kind, not before the first such delivery) and not before the fulfillment of our obligations to inform according to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations according to § 312e paragraph 1 clause 1 BGB in conjunction with Article 246 § 3 EGBGB. Sending the revocation or the goods within the cancellation period is sufficient to effect the cancellation. The revocation must be sent to:
Dr. Anatolie Sochirean
Knüwerweg 46
44789 Bochum
Germany
Fax: +49 234 97659999
E-mail: info@engineering-learning.com
The right of revocation does not apply to deliveries of sealed software, audio or video recordings if the customer has broken the seal on the data storage medium (e.g., removed the shrink-wrap or broke the seal) nor does it apply to programs delivered via digital download, or for Materials that are in digital form.
11. Data Protection/Cookies
We only use your personal data to fulfill your order. We save and process all customer data according to the relevant provisions of the Federal Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG). You have the right to be informed about your data as well as to have it corrected, locked or deleted at any time, free of charge. We will not provide your personal data, including our address and e-mail address, to third parties without your express consent, which you can revoke at any time, with the exception of our service partners who require that data in order to fulfill your order (e.g., logistics companies responsible for delivering your order or credit institutes responsible for processing your payment). In such cases, the data transmitted is limited to the minimum required. We use technological and organizational security measures to protect the data we administer from intentional or unintentional manipulation, loss or destruction and against access by unauthorized persons.
We transmit credit card information via 128 Bit SSL (Secure Socket Layer) encryption to a payment gateway that is directly connected to the credit card processor. The data are verified online. Your card is not charged until the goods are shipped.