General Terms and Conditions

1.1 These General Terms and Conditions (GTC) apply to all contracts concluded via the Kiel Academy online shop between us, KAW Kiel Academy für Wirtschaft UG (haftungsbeschränkt), Von-der-Goltz-Allee 65, 24113 Kiel, Managing Director: Ute Feldges, Amtsgericht Kiel, HRB 14217 KI — hereinafter “Provider” — and you (hereinafter “Customer”), in the version applicable at the time of your order online. These GTC apply regardless of whether you are a consumer, an entrepreneur, or a merchant. We do not offer products for purchase by minors. If you are under 18, you may only purchase offerings from our online shop with the involvement of a legal guardian.

1.2 These GTC apply to all contracts you enter into and/or conclude with us (the Provider), including the purchase of online courses, subscription usage and membership agreements, and coaching agreements. The inclusion of the Customer's own terms is hereby rejected unless otherwise agreed.

1.3 These GTC apply accordingly to contracts for the supply of digital content, unless otherwise stipulated. Digital content in this sense means data created and supplied in digital form.

1.4 Depending on our product description, the subject matter of the contract may be either the purchase of goods in a single delivery or the purchase of goods by way of continuous delivery (hereinafter “subscription contract”). Under a subscription contract, we as the Provider undertake to deliver or make available to you the contractually owed products for the duration of the agreed contract term (where applicable, at the contractually agreed intervals).

2.1 The presentation and promotion of products in our online shop does not constitute a binding offer to conclude a purchase contract.

2.2 In our online shop you can first place the products you are interested in into the shopping cart in the online order form provided by Digistore24 without obligation, and correct your entries again before actually placing the order. By submitting an order through the online shop by clicking the button that completes the order process, you make a legally binding offer to conclude a purchase contract.

2.3 We will promptly confirm receipt of the order you placed via our online shop by email (“order confirmation”). A contract is concluded upon dispatch of the order confirmation, at the latest upon dispatch of your access credentials or delivery of the ordered items. This does not apply if something else is expressly stated together with the order confirmation.

2.4 If you select a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or — if you do not have a PayPal account — subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a payment method offered by PayPal and selectable during the online order process, we, the Provider, hereby declare acceptance of your offer (the Customer's offer) at the moment you click the button completing the order process.

2.5 We can accommodate bookings and purchases of digital offerings from abroad; however, a printed certificate can unfortunately only be sent within Germany. The language used for concluding the contract is German.

2.6 If access to the units you booked is not possible for reasons for which we are responsible, we will inform you without undue delay and promptly refund any services already paid for. In this case, no contract is concluded.

2.7 Before placing your order, you have the option of creating a customer account by registering on our website. You can then view your purchases there. When registering on our website, please also note our privacy policy, which you will find at www.kielacademy.de/datenschutzerklaerung.

2.8 Order processing and communication generally take place by email and automated order processing. You (the Customer) must ensure that the email address you provide for order processing is correct so that emails sent by us or our service providers can be received at that address. In particular, if you use SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us with order processing can be delivered.

3.1 If you are an entrepreneur, you generally have no right of withdrawal.

3.2 If you are a consumer (that is, a natural person entering into a legal transaction for purposes that are predominantly outside their trade, business, or profession), you have a right of withdrawal in accordance with statutory provisions.

3.3 The rules governing the right of withdrawal are set out in detail in the following

As an online business, we are obliged to inform you as a consumer about the European Commission's platform for online dispute resolution (ODR platform). This ODR platform can be reached via the following link: https://webgate.ec.europa.eu/odr. However, we do not participate in dispute resolution proceedings before a consumer arbitration board.

4.1 The prices stated in our online shop at the time of the order apply. These are net prices excluding the applicable statutory VAT. Gross prices including the applicable statutory VAT are also shown for end consumers.

4.2 Shipping costs, where applicable, are stated in our price information in the online shop and are to be borne by you, unless you exercise your right of withdrawal. The price including VAT (for entrepreneurs and merchants: plus VAT) and any shipping costs is also displayed in the order form before you submit your order.

4.3 If we fulfil your order by partial deliveries in accordance with section 5.1, you incur shipping costs only for the first partial delivery. If partial deliveries are made at your request, we charge shipping costs for each partial delivery. The availability of each product can be seen in the respective product description.

4.4 For every order placed, you will receive an invoice by email from our service provider Digistore24.de for the amount payable or the amount you have already paid.

5.1 Your payments are processed via Digistore24.de. As a rule, we offer credit card and PayPal as payment methods there. We reserve the right, for any given order, not to offer certain payment methods and to refer you to others.

5.2 You agree to receive invoices and credit notes exclusively in electronic form.

5.3 If you purchase using the “credit card” payment method, your credit card account will be charged when your access code for the purchased product is sent.

5.4 If you are in default of payment, we reserve the right to charge flat-rate reminder fees of EUR 5.00 per reminder as damages for default. You are permitted to prove that the damage incurred was lower than the flat rate, or that no damage was incurred at all.

5.5 If you are a subscriber and are in default of payment, we reserve the right to unilaterally terminate the subscription and block your access. After payment, we will be happy to reactivate your access.

6.1 We are entitled to make partial deliveries insofar as this is reasonable for you.

6.2 Delivery or provision of your access credentials takes place as quickly as possible, subject to a satisfactory result of the verification of your data (credit and identity check) and the availability of the product.

7.1 Unless otherwise stated in the content description on our sales page (the seller's sales page), we as the seller grant you (the Customer) the non-exclusive right, unlimited in territory and time, to use the content provided for private as well as professional purposes.

7.2 Passing the content on to third parties or making copies for third parties beyond the scope of these GTC is not permitted unless we (the seller) have consented to a transfer of the licence that is the subject of the contract to the third party.

7.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights becomes effective only once you (the Customer) have paid the agreed remuneration in full. The seller (we) may provisionally permit use of the contractual content before that point. Such provisional permission does not transfer any rights.

8.1.1 Subscription contracts for the Berufs- und Karrierewerkstatt are concluded for an indefinite period, but for a minimum term of one month. Subscription contracts renew automatically by one month for as long as you (the Customer) do not terminate them. The subscription contract may be terminated at any time with 14 days' notice to the end of the billing month.

8.1.2 The right to terminate for cause without notice remains unaffected. Cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or the expiry of a notice period.

8.1.3 Terminations must be made in writing or in text form, exclusively by email to info@kielacademy.de.

8.2 Contract term and termination for 1:1 services

8.2.1 Unless otherwise agreed, 1:1 services are contracted for an indefinite period, but for a minimum term of one month. Subscription contracts renew automatically by one month for as long as you (the Customer) do not terminate them. The 1:1 service contract may be terminated at any time with 14 days' notice to the end of the billing month.

8.2.2 The right to terminate for cause without notice remains unaffected. Cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or the expiry of a notice period.

8.2.3 Terminations must be made in writing or in text form, exclusively by email to info@kielacademy.de.

If we as the Provider perform in advance, we retain title to the delivered product until the purchase price owed has been paid in full.

10.1 Unless otherwise stated in the following provisions, the applicable statutory provisions on liability for defects apply.

The following applies by way of derogation to contracts for the supply of goods:

10.2 If you act as an entrepreneur, you have the choice of the type of subsequent performance; for new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims for defects are excluded; and the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

10.3 The limitations of liability and shortened periods set out above do not apply
– to your claims for damages and reimbursement of expenses,
– where we, Kiel Academy, have fraudulently concealed the defect,
– to goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
– to any obligation on our part, as the seller, to provide updates for digital products under contracts for the supply of goods with digital elements.

10.4 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

10.5 If you act as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to examine the goods and give notice of defects pursuant to Section 377 HGB. If you fail to give the notices required there, the goods are deemed approved.

11.1 In all cases of contractual and non-contractual liability, we are liable to you for damages or reimbursement of futile expenses in cases of intent and gross negligence in accordance with statutory provisions.

11.2 In other cases — unless otherwise provided in section 10 — we are liable only for breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you as the Customer may regularly rely (a so-called cardinal obligation), and then limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in section 10.

11.3 Our liability for damages arising from injury to life, body, or health and under the German Product Liability Act remains unaffected by the above limitations and exclusions of liability.

11.4 Subject to the above provisions, Kiel Academy assumes no warranty for the accuracy, quality, completeness, reliability, nature, or standard of the information and content provided on the websites of Kiel Academy or on third-party websites linked or referred to from kielacademy.de or other Kiel Academy websites.

11.5 In all other respects, claims for damages are excluded.

We hold the copyright to all images, films, and texts published in our online shop and in our offerings/products. Use of these images, films, and texts is not permitted without our express consent.

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and the rules of private international law.

13.2 If you are a merchant and your registered office is in Germany at the time of the order, the exclusive place of jurisdiction is Kiel. In all other respects, the applicable statutory provisions govern local, subject-matter, and international jurisdiction.

14.1 We collect, process, and store personal data (e.g., form of address, name, address, email address) exclusively in accordance with applicable law, in particular the German Federal Data Protection Act (BDSG), the General Data Protection Regulation (GDPR), and the German Telemedia Act (TMG).

14.2 In our privacy policy at www.kielacademy.de/Datenschutzerklaerung we provide supplementary information on data protection and on the nature, scope, and purpose of the collection and use of personal data by us.