Terms and Conditions
§ 1 Scope, Definitions
(1) PDA Headquarter, Körnerstr. 1a, 68775 Ketsch, Germany (hereinafter: “we” or “e-Learning PDAww”) operates an online store for digital goods at the website https://elearning.pdaww.com. The following General Terms and Conditions apply to all services between us and our customers (hereinafter: “Customer,” “you,” or “your”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” as used in these Terms and Conditions means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and assume obligations.
§ 2 Formation of Contracts, Storage of the Contract Text
(1) The following provisions regarding the conclusion of contracts apply to orders placed through our online store at https://elearning.pdaww.com.
(2) Our product descriptions on the Internet are non-binding and do not constitute a binding offer to enter into a contract.
(3) When an order is placed in our online store, the following rules apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering process provided in our online store. The ordering process consists of the following steps:
- Selection of digital goods,
- Add products by clicking the corresponding button (e.g., "Add to Cart," "Add to Shopping Bag," or similar),
- Reviewing the items in the shopping cart,
- Access the order summary by clicking the corresponding button (e.g., “Proceed to Checkout,” “Proceed to Payment,” “View Order Summary,” or similar),
- Entering/verifying address and contact information, selecting a payment method, confirming the Terms and Conditions and the Right of Withdrawal policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete your order by clicking the "Buy Now" button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us at the email address you provided within three business days.
(4) If a contract is concluded, it is entered into with PDA Headquarter, Körnerstr. 1a, 68775 Ketsch, Germany.
(5) Before placing an order, you may print out the contract details using your browser’s print function or save them electronically. The order will be processed and all information required in connection with the conclusion of the contract—including, in particular, the order details, the Terms and Conditions, and the cancellation policy—will be sent to you via email after you submit the order, in part automatically. We do not store the text of the contract after it has been concluded.
(6) Input errors can be corrected using standard keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). You can also correct them by canceling the order process early, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out in part automatically via email. You must therefore ensure that the email address you have provided to us is correct, that you are technically able to receive emails, and, in particular, that they are not blocked by spam filters.
§ 3 Subject Matter of the Contract and Key Features of the Products
(1) The subject matter of the contract in our online store is:
- The sale of digital goods, such as software or media downloads. You can find the specific digital goods we offer on our product pages.
(2) The essential characteristics of the digital goods are set forth in the product description. If the agreed-upon quality of the goods deviates from their usual quality and conditions of use, this will be expressly noted in the product description (agreement on negative quality). To the extent that the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.
(3) The sale of digital products is subject to the restrictions set forth in the product description or otherwise implied by the circumstances, particularly with regard to hardware and/or software requirements for the target environment. Unless otherwise expressly agreed, the subject matter of the contract is limited to the private and commercial use of the products, without the right to resell or sublicense them.
(4) We reserve the right to suspend or delete customer accounts in the event of a violation of these Terms and Conditions.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.
(2) The applicable purchase price must be paid in advance of product delivery (prepayment), unless we expressly offer purchase on account. The payment methods available to you are listed under a corresponding button in the online store or in the respective offer. Unless otherwise specified for individual payment methods, payment is due immediately.
(3) In addition to the prices listed, shipping costs may apply for the delivery of products, unless the item in question is marked as shipping-free. The shipping costs will be clearly stated again in the product listings, in the shopping cart system (if applicable), and in the order summary.
(4) Unless otherwise specified in the product description, all products offered are ready to ship immediately (delivery time: within 24 hours of receipt of payment).
(5) The following delivery restrictions apply: Delivery is available to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, Cyprus, and Austria.
(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. With regard to return shipping costs, the provisions set forth in our cancellation policy shall apply if you effectively exercise your right of withdrawal.
§ 5 Right of Retention
(1) You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
§ 6 Right of Withdrawal
As a consumer, you have the right to cancel your order. This right is governed by our cancellation policy.
§ 7 Language of the Contract
The contract is available exclusively in German.
§ 8 Liability
(1) Subject to the exceptions set forth below, our liability for breaches of contractual obligations and for torts is limited to cases of willful misconduct or gross negligence.
(2) We shall be liable without limitation in cases of slight negligence resulting in injury to life, limb, or health, or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contract’s purpose, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and to fulfill the contractually owed performance described in § 3.
(3) If, when purchasing goods containing digital elements or digital products (digital content and services), the customer fails to install an update that has been made available to them and about whose availability they have been informed within a reasonable period of time, we shall not be liable for any material defect attributable solely to the absence of such an update.
§ 9 Warranty
(1) The warranty is governed by the provisions of applicable law.
(2) For business customers, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are asked to inspect the item, digital goods, or service provided immediately upon delivery to ensure they are complete and free of obvious defects or shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty rights.
§ 10 Intellectual Property
(1) All content, designs, and data published on the website are protected by copyright or other intellectual property rights. Any use beyond the limits permitted by law requires our written consent.
§ 11 User Responsibility
(1) The customer agrees not to use the website for unlawful purposes or to distribute malicious software. Automated data extraction or systematic data collection is prohibited.
§ 12 Registration and Account
(1) Upon registration, the customer is required to provide accurate information and keep it up to date. Passwords must be kept confidential and must not be disclosed to third parties.
§ 13 Liability for Content and Links
(1) We assume no liability for external links. The operators of linked sites are solely responsible for their content.
§ 14 Data Protection
(1) We collect and process personal data only in accordance with our Privacy Policy and Cookie Policy, which are available on the website.
§ 15 Newsletter
(1) Customers may voluntarily subscribe to our newsletter and unsubscribe at any time.
§ 16 Export Restrictions / Compliance with Laws
(1) Access to the website from countries where our content or products are illegal is prohibited.
§ 17 Assignment
(1) Rights under this Agreement may be assigned only with our consent.
§ 18 Force Majeure
(1) Events beyond our control shall release us from our obligation to perform for the duration of the disruption.
§ 19 Indemnification
(1) The customer shall indemnify us against any claims by third parties arising from the customer’s unlawful use of the website.
§ 20 Amendments to the Terms and Conditions
(1) We may amend these Terms and Conditions. Any changes will be posted on the website. Your continued use of the site constitutes your acceptance of such changes.
§ 21 Final Provisions/Dispute Resolution
(1) German law shall apply. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favorability).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the venue for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s place of business.
(4) We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
