General terms and conditions
Contractual conditions in the context of purchase contracts have been agreed via the platform
Akademie Dr Obladen GmbH
– hereinafter referred to as “Provider” –
the users of this platform referred to in section 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customers”.
For the business relationship between the Provider and the Customer, the following terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the Customer are not recognised, unless the Provider expressly agrees to their validity in writing.
2 Conclusion of contract
(1) The Customer can select products from the Provider’s range and collect them in a shopping basket using the button “in the shopping cart” button. With the “Buy now” button he makes a binding request to buy the goods in the shopping basket. Before sending the order, the Customer can change and view the data at any time.
(2) The Provider then sends the Customer an automatic confirmation of receipt with the subject “Confirmation of your order at musterausschreibung.de” by email, in which the Customer’s order is listed again and the Customer can print out via the “Print” function. The Customer’s order (1) hereby represents the offer to conclude the contract with the respective content of the shopping basket. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the Provider. This summarises the content of the order. In this email or in a separate email, but at the latest on delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to the Customer by us on a durable medium (email or paper printout). The text of the contract is saved while safeguarding data protection.
(3) The contract is concluded in the following languages: German.
3 Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (2 (2) of these GTC), provided that the purchase price is paid in advance.
(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall inform the Customer of this immediately as well. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. Moreover, in this case, the Provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the Customer.
(3) The following delivery restrictions apply: The Provider only delivers to Customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany.
(4) The Customer can make the payment by PayPal, invoice.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the Customer is already in default by missing this deadline.
4 Prices, procssing fees and shipping costs
(1) All prices, wdhich are indicated on the website of the Provider, are exclusive of statutory value added tax as valid in each case.
(2) Please note that a processing fee is charged at the end of the order process due to conditions of the payment providers.
5 Material defect warranty
(1) The Provider is liable for material defects in accordance with the relevant statutory provisions, in particular sections 434 et seq. BGB (German Civil Code). With respect to entrepreneurs, the warranty period for goods delivered by the Provider is 12 months.
(1) The use of the sample application documents is the responsibility of the body using the documents, excluding any liability. The use and integration of the templates must be done in a clear and transparent manner. It should be noted that for contractual and more extensive procurement issues a legal review and assessment by the respective contracting authority must be carried out.
(2) Claims of the Customer for damages are excluded. This does not apply to claims for damages of the Customer resulting from injury to life, limb, health or material contractual obligations (essential contractual obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those where fulfilment is necessary to achieve the objective of the contract.
(3) In the event of a breach of essential contractual obligations, the Provider shall be liable only for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages by the Customer resulting from injury to life, body or
(4) The restrictions of paragraphs 1, 2 and 3 shall also apply in favour of the legal representatives and vicarious agents of the Provider, if claims are asserted directly against
7 Notes on data processing
(1) The Provider collects data from the Customer as part of the processing of contracts. He pays particular attention to the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the Customer, the Provider will only collect, process or use the
Customer’s inventory and usage data, insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the Customer, the Provider will not use the Customer’s data for advertising, market or opinion research purposes.
8 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the place of business of the Provider.
(3) The contract remains binding in its remaining parts even in the case of legal invalidity of individual clauses. Instead of the invalid clauses, if available, the legal regulations shall apply. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and 36 VSBG
(German Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.