Terms and Conditions
Baukon Management GmbH
§1 Scope of application
(1) These General Terms and Conditions apply to the use of the e-learning courses (hereinafter referred to as “Courses”) of Baukon Management GmbH, Schulenburger Landstraße 20A, 30165 Hanover, Germany (hereinafter referred to as “Baukon”), which can be ordered by customers via the URL www.baukon-learning.de.
(2) These General Terms and Conditions apply exclusively. General terms and conditions of the customer shall not apply and are hereby excluded. Contractual terms and conditions of the customer shall not become part of the contract even if Baukon does not expressly object to them.
(3) The version of these general terms and conditions valid at the time of the conclusion of the contract is authoritative.
§2 Conclusion of contract
(1) The customer can select the desired products from Baukon’s assortment and collect them in a so-called shopping cart via the button “add to cart”. By clicking the button “buy now”, the customer makes a binding offer to Baukon to use the selected products under these general terms and conditions. Before sending the order, the customer can view and change the data at any time.
(2) Baukon then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order with Baukon E-Learning Portal” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The confirmation of receipt (order confirmation) represents Baukon’s acceptance of the offer. The content of the order is summarized in this confirmation of receipt.
(3) No contract is concluded with regard to the use of the freely accessible contents of the web site.
(1) The ordered products are generally available 24 hours a day (hereinafter “operating hours”).
(2) Excluded from the operating hours are those times during which data backup work is being carried out and system maintenance or program maintenance work or work on the system or database is being carried out.
(3) The Company shall be entitled, insofar as it is necessary in the interest of the User, to carry out such work also during the operating hours. This may lead to disturbances of the data call, which Baukon will keep as low as possible.
(1) Access to the courses is granted by entering a password.
(2) The access data are only valid for one user.
(3) The customer may only use the courses properly. In particular, he shall keep his user name and password for access to the courses secret, not pass them on, not tolerate or allow them to be known, and take the necessary measures to ensure confidentiality and, in the event of misuse or loss of these details or a corresponding suspicion, report this to the company.
(4) In the event of misuse, Baukon shall be entitled to block access.
(5) The customer is liable for any misuse for which he is responsible.
(6) The client is responsible for creating the technical prerequisites for access to the courses, in particular with regard to the connection to the Internet, including ensuring the connection speed, the current browser software and the acceptance of the cookies transmitted by the server of the provider, and in this respect bears all costs in connection with the fulfillment of these prerequisites.
§5 Scope of Services / Right to Change / Warranty / References
(1) The contents accessible within the scope of a course are defined in the product description.
(2) Baukon is entitled to change, limit or exchange the contents of the courses as well as to modify them appropriately with regard to their contents, in particular to reduce or expand them appropriately.
(3) Baukon does not assume any liability for the correctness, completeness or suitability for certain purposes with regard to the paid as well as the free contents of the website. With regard to the contents, Baukon also assumes no warranty for their freedom from third party rights and the non-infringement of intellectual property. Baukon may at any time, without prior notice, make changes to the content provided on this website or remove it in whole or in part. The content on this website may be outdated. Baukon is not obligated to update it.
(4) In the case of direct or indirect references to external Internet pages (“links”), which lie outside the area of responsibility of Baukon, a liability obligation would only come into effect in the event that Baukon has knowledge of the content and it would be technically possible and reasonable for Baukon to prevent use in the event of illegal content. Baukon hereby expressly declares that at the time the links were created, the corresponding linked pages were free of illegal content. Baukon has no influence on the current and future design, content or authorship of the linked pages. Therefore, Baukon hereby expressly distances itself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references within the own internet offer as well as to external entries in guest books, discussion forums and mailing lists set up by Baukon. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or disuse of such information, only the provider of the site referred to is liable, not the one who has linked to the respective publication.
§6 Rights of use
(1) Upon access, the customer receives the simple right to use the ordered course, which is limited to the duration of the user contract and is not transferable to third parties.
(2) Any transfer, in particular the selling, renting, leasing or lending of courses or their contents is not permitted.
(3) The use of the e-learning course license is limited to a period of two years from the start of the contract, unless a different duration is specified in the product description.
(4) Excluded from the right of use is the legal right to make a copy in accordance with § 53 UrhG.
§7 Rights of the provider
(1) The content provided by Baukon in the courses is protected by copyright.
(2) Baukon reserves all rights resulting from this, especially the rights of reprinting, translation, reproduction on photomechanical or similar ways, storage and processing with the help of EDP or their distribution in computer networks – also in extracts.
(3) The customer does not receive any ownership or exploitation rights to the provided contents.
(1) The remuneration to be paid by the customer for the use of a course is specified in the product description. The version valid at the time of the order shall apply.
(2) The remuneration for the use of a course is to be paid in advance.
(1) In case of intent and gross negligence, also of the legal representatives and vicarious agents, Baukon is liable according to the legal regulations. The same applies in the case of culpably caused damages resulting from injury to life, body or health, in the case of damages caused by the absence of a guaranteed quality, as well as in the case of malice.
(2) In the event of damage to property or financial loss caused by slight negligence, Baukon shall only be liable in the event of a breach of a material contractual obligation (i.e. an obligation the fulfillment of which makes the proper performance of a contract possible in the first place and on the observance of which the parties may regularly rely); in this case, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Liability under the Product Liability Act shall remain unaffected.
(3) In all other respects, Baukon’s liability is excluded.
§10 User discussion forums (“Community”)
Baukon reserves the right, but is not obligated, to control parts of the website from which or to which users make their transmissions or on which they communicate with each other, including all discussion forums, electronic bulletin boards and other user forums in terms of content and in any other way. Baukon further reserves the right to remove any Transmissions, in whole or in part, at any time. Baukon assumes no liability whatsoever for the content of any transmission, regardless of its legal basis. Opinions and views expressed in user discussion forums do not necessarily reflect the opinion and view of Baukon.
§11 Choice of Law / Place of Jurisdiction / Written Form
(1) Should one or more provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions shall apply instead.
(2) These General Terms and Conditions shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.
(3) If Baukon waives the enforcement of these general terms and conditions in an individual case, this shall not constitute an amendment of the same.
(4) If the customer is a merchant, a legal entity under public law, a special fund under public law, or has no place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Baukon’s registered office.
§12 Cancellation policy
(1) A consumer in the sense of § 13 BGB (German Civil Code), i.e. any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity, shall be entitled to a statutory right of revocation in accordance with the following provisions:
(2) Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us (Baukon Management GmbH, Schulenburger Landstraße 20A, 30165 Hannover, Phone: +49 (0) 511 / 7809 9543, Email: email@example.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
(3) Consequences of revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
(4) If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.