Terms and Conditions with Customer Information
1.1 These Terms and Conditions (hereinafter referred to as “T&Cs”) of CF Classic Akademie Service & Technik, Mercedesstraße 18, 71384 Weinstadt, Germany (hereinafter referred to as “seller”) shall apply to all contracts for the delivery of goods and training courses, which a consumer or business (hereinafter referred to as “customer”) will conclude with the seller regarding the goods or training courses displayed on the seller’s website (http://www.classicakademie.de). The customer’s own conditions do not apply, unless otherwise agreed.
1.2 These T&Cs define a consumer as any natural person, who concludes a legal transaction with us for purposes, which cannot be attributed mainly either to her/his commercial or self-employed professional activity. These T&Cs define a business as a natural or legal person or a partnership with legal capacity, which concludes a legal transaction as part of its commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product and training course descriptions on the seller’s website do not constitute any binding offer on the part of the seller, but they are intended to facilitate the customer’s submission of a binding offer.
2.2 The customer can submit the offer using the online inquiry or registration form hosted on seller’s website. In the case of products, the customer selects the desired goods and then clicks on the “Request” button next to the product. The customer hereby submits a legally binding contractual offer in relation to the selected products.
2.3 In the case of training courses, the customer selects the desired course and then clicks on the “Registration” button. The customer hereby submits a legally binding contractual offer in relation to the selected training courses.
2.4 The customer can also submit an offer to the seller by phone, post, fax, or email.
2.5 The seller can accept the customer’s offer within ten (10) working days by (a) sending a written or textual (fax or email) order confirmation to the customer, where the customer’s receipt of the order confirmation is decisive, or (b) delivering the ordered goods to the customer, where the customer’s receipt of the goods is decisive, or (c) requesting payment from the customer after order submission. If several of the aforementioned alternatives exist, the contract is concluded at the time when the first of the aforementioned alternatives occurs. The period for accepting the offer starts on the day after the customer sent the offer submission and expires at the end of the fifth working day, which follows the offer dispatch. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, which means that the customer is no longer obliged to abide by his/her declaration of intent.
2.6 When submitting an offer through the seller’s online inquiry or registration form and after the conclusion of a contract, the contract text shall be stored by the seller and, after the customer has sent the order, sent to the customer in text form (e.g., email, fax, or letter). The seller is not obliged to make the contract text available hereafter.
2.7 Contracts can be concluded in German or English.
2.8 In general, email is used to process orders and make contact. The customer shall ensure that the email address given to the seller is valid so that the customer can receive the emails that are sent by the seller using this address. If the customer uses spam filters, (s)he shall ensure that all emails sent by the seller can be delivered.
3) Prices and Terms of Payment
3.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices, which include the legal VAT. Any additional delivery and shipping costs are indicated separately in the individual product descriptions.
3.2 In the case of deliveries into countries outside the European Union, in individual cases, additional costs may be incurred, for which the seller shall not be liable and which the customer shall bear. These may include, for example, costs for money transfers through credit institutions (e.g., remittance fees, currency exchange fees), import duties or taxes (e.g., custom duties). Such costs for the money transfer may also incur in the case of delivery into a country, which is not outside the European Union, but where the customer makes the payment from a country that is outside the European Union.
3.3 The seller offers the payment method “purchase on account”, i.e., the purchase price shall be due immediately after issuing and sending the invoice to the customer and shall be paid by the customer immediately and without deduction, unless otherwise agreed.
4) Delivery and Shipping Terms for Products
4.1 Products shall be shipped and delivered to the delivery address provided by the customer, unless otherwise agreed.
4.2In the case of collection by the customer, the seller shall, in the first instance, inform the customer by email that his/her ordered products are ready for collection. Upon receipt of this email, the customer can collect the products from the seller’s place of business in agreement with the seller. In this case, there are no shipping costs.
4.3 Goods, which are delivered by a freight forwarder, shall be delivered to the public curbside that is nearest to the delivery address, unless otherwise agreed.
4.4 If the delivery of products fails for reasons that the customer is responsible for, the customer shall bear any reasonable costs incurred on the part of the seller. This does not apply to the shipping costs if the customer exercises his/her right of revocation effectively. For the return costs, in the case of effective exercise of the right of revocation by the customer, the relevant arrangement in the seller’s revocation instruction shall apply.
4.5 The seller reserves the right to terminate the contract in the case of incorrect or wrong self-delivery. This shall only apply where the seller is not liable for the non-delivery und where the seller, with due diligence, has concluded an actual cover transaction with the supplier. The seller shall make very reasonable effort to procure the parts. In the case of unavailability or only partial availability of the products, the customer shall be informed immediately, and the seller shall immediately reimburse any related customer payments.
5) Reservation of Title
If the seller pays in advance, the seller reserves the right to own the delivered products until they have been paid in full.
6) Duration and Location of Training Courses
6.1 The duration of a training course is indicated in the training course description.
6.2 Training courses shall be offered in-person or online. The type of training is indicated in the training course description.
6.3 Online training courses shall be carried out via Zoom.
6.4 For in-person training courses, the seminar venue is indicated in the training course description or will be communicated to the participants in good time before the start of the training course. In-person training courses shall usually take place on the seller’s premises.
7) Training Course Content and Unclaimed Services
7.1 The scope of services related to the training courses is determined by the training offer.
7.2 If the customer leaves a booked training course before its completion, (s)he shall not be entitled to any (proportionate) refund of the payment made to the seller.
8) Contract Duration and Termination of Training Courses
8.1 The duration of any given contract depends on the booked training course. In general, the contract shall be deemed fulfilled when the customer has made payment for it and when the seller has provided the corresponding service.
8.2 The extraordinary termination right of each party shall remain unaffected. The seller has an extraordinary termination right when the customer intentionally contravenes the regulations in these T&Cs, disrupts the implementation of the training course and does not refrain from it upon request, and/or has intentionally or negligently acted illicitly. In this case, payments that have already been made shall not be reimbursed.
9) Cancellation of Training Course Bookings
9.1 A free customer cancellation is possible up to 4 weeks before the start date of the training course. In the case of a later cancellation, the full training fees shall incur.
9.2 The cancellation must be communicated exclusively in text form (by email to email@example.com or by fax to 00049-7151-9940170).
9.3 If the customer books a training course for several people or books several training courses at the same time (multiple booking), these cancellation conditions shall apply to every single booking or every single person, who was booked for the course.
9.4 The seller shall be entitled to cancel a training course at short notice if the required minimum number of participants have not registered. The minimum number of participants is indicated in the relevant offer.
9.5 The seller shall also be entitled to cancel a training course if the instructor suddenly falls ill and if a replacement cannot be provided.
9.6 In the above-mentioned cases, the seller shall try, in the first instance, to find an alternative date in consultation with the customer. If this is not possible, the customer payment shall be reimbursed. Additional costs, such as accommodation and travel costs, which the customer might incur, shall not be reimbursed.
10) Right to Use the Training Materials or Digital Contents
10.1 Audio, video, and PDF files, printed and other documents may be utilized, downloaded, and printed by customers only for personal use. For printing, the customer is permitted to get technical support from a third party (e.g., a copy shop). All rights to use the files and documents shall remain with the seller. This means that the files and documents shall not be made available to a third party, either free of charge or for a fee, and shall not be reproduced for it. Any distribution or duplication of files and documents to and for a third party or their use for purposes other than personal training, in return for payment or free of charge, during and even after the end of the training course shall require the express prior written consent by the seller.
10.2 The trademarks and logos on the documents enjoy protection according to the trademark law and/or copyright law. The customer is obligated to use the files and documents, which are made available to him/her, only within the framework that is expressly permitted here or by virtue of mandatory legal regulations without the seller’s consent, and to not promote the unauthorized use by a third party. This shall also apply after the fulfilment, revocation, or termination of the contract.
11.1 The customer is obligated to respect the confidentiality of all information and know-how (including ideas developed by the seller, concepts, and operational experience), which (s)he has acquired in the context of the training course, and (s)he may only share this with a third party after prior written consent by the seller. This shall also apply to all documents that the customer has received from the seller in the context of the booked training course or that (s)he has gained access to in any other way in this context.
11.2 Confidentiality does not apply to information, which
- the customer already knew before the contract conclusion,
- the customer developed independently,
- at the time, when it was made available to the customer, was already publicly available or was subsequently made publicly available due to no fault of the customer.
11.3 In the case of a dispute, the customer is obligated to provide evidence for the presence of the above-mentioned reasons for exclusion.
- The confidentiality obligation shall also remain in place after the termination of the contract.
12) Provision of Appropriate IT Infrastructure and Software
The customer is solely, and at his/her own expense and risk, responsible for the provision and functionality of Internet access (hardware, telecommunication connections, etc.) and other necessary technical equipment and software (such as email, web browser, PDF programs, ZOOM, etc.), which are required to use the seller’s offer.
13) Defects Liability (Warranty) of Products
13.1 If the purchased product is defective, the following shall apply: If the products are newly produced, the customer can only demand a new delivery from the seller. If the new delivery fails, the customer is at liberty to demand a reduction of the purchase price or to terminate the contract.
13.2 The following shall apply to used products: Claims for defects are excluded if the defect occurs for the first time one calendar year after the delivery of the products. Claims for defects, which occur within one calendar year after the delivery of the products, can be asserted within the statutory limitation period. However, the reduction of the period of liability to one calendar year does not apply
- for claims for damages and compensation of expenditure on the part of the customer, and
- in the event that the seller has maliciously concealed the defect.
13.3 If the customer acts as a consumer and notices that the delivered products exhibit obvious transport damage, (s)he should report this to the delivery agent and inform the seller hereof. If the customer does not fulfil this request, this does not affect his/her legal or contractual claims for defects.
14) Special Conditions for Assembly or Installation Services
If the seller, according to the content of the contract, owes not only the delivery of goods but also the assembly or installation of products for the customer and, where applicable, appropriate preparatory measures (e.g., removal of old/faulty parts), the following shall apply:
14.1 The seller shall render services at this/her discretion himself/herself or through a qualified workforce chosen by him/her. The seller is also entitled to use the services of a third party (subcontractor), which shall act on his/her behalf.
14.2 Unless specified differently in the seller’s service description, the customer cannot demand that a certain person shall carry out the requested service.
14.3 The customer shall truthfully and comprehensively provide the seller with information required to render the owed service, unless, according to the content of the contract, its procurement is a duty of the seller.
14.4 The seller shall contact the customer after the conclusion of the contract to agree a date for the owed service. The customer shall ensure that the seller or the workforce commissioned by him/her has access to the customer’s vehicles in question on the agreed date.
14.5 The risk of accidental loss and of accidental deterioration of the sold products shall pass to the customer only once the assembly work has been completed and the vehicle has been handed back to the customer.
15) Special Conditions for Repair Services
If the seller, according to the content of the contract, owes the repair of an item belonging to the customer, the following shall apply:
15.1 Repair services shall be rendered at the seller’s place of business.
15.2 The seller shall render services at this/her discretion himself/herself or through a qualified workforce chosen by him/her. The seller is also entitled to use the services of a third party (subcontractor), which shall act on his/her behalf. Unless specified differently in the seller’s service description, the customer cannot demand that a certain person shall carry out the requested service.
15.3 The customer shall provide the seller with all information required to repair the item, unless, according to the content of the contract, its procurement is a duty of the seller. The customer shall provide the seller with a comprehensive error description and all circumstances, which may have caused the detected error.
15.4 Unless otherwise agreed, the customer shall deliver the vehicle (part) to be repaired to the seller’s place of business at his/her own expense and risk and collect it from there again.
15.5 The seller shall be liable for shortcomings as to the rendered repair service according to 13.1.
16.1 The seller shall bear unlimited liability for malicious intent and gross negligence.
16.2 For the slight negligent breach of essential obligations (obligations, whose breach jeopardizes the achievement of the contract purpose) and for the breach of cardinal obligations (obligations, whose fulfilment facilitates the proper implementation of the contract in the first instance and whose fulfilment the customer regularly relies on), the seller’s liability is limited to foreseeable damages typical for this kind of contract. The seller shall not be liable for the slight negligent breach of obligations other than the ones listed above.
16.3 The liability limitations of the previous paragraph shall not apply to the loss of life, physical injury, and health damage. The liability according to the product liability law shall also remain unaffected.
16.4 Data communication over the Internet, according to the current state of technology, cannot be guaranteed to be error-free and/or readily available. Insofar, the seller shall not be liable for the permanent and continuous availability of the offer.
16.5 An exclusion or limitation of liability shall also apply to the personal liability of the seller’s employees, representatives, and subcontractors.
17) Right of Revocation
17.1 Consumers have a fundamental right of revocation.
17.2More information on the right of revocation can be found in the seller’s revocation instruction.
17.3 The right of revocation shall not apply to consumers, who, at the time of the contract conclusion, are not a citizen of a European Union member state and whose sole place of residence and delivery address are outside the European Union at the time of the contract conclusion.
18) Applicable Law
18.1 For all legal relationships between the parties, the law of the Federal Republic of Germany, excluding the laws on the international purchase of moveable goods, shall apply. For consumers, this choice of law shall apply only insofar as the granted protection through mandatory provisions of the law governing the state, in which the consumer usually resides, is not revoked.
18.2 In addition, this choice of law regarding the legal right of revocation shall not apply to consumers, who, at the time of the contract conclusion, are not a citizen of a European Union member state and whose sole place of residence and delivery address are outside the European Union at the time of the contract conclusion.
19) Place of Jurisdiction
If the customer acts as a merchant, legal entity subject to public law or special fund subject to public law with place of business within the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer’s place of business is outside the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business, if the contract or claims from the contract can be attributed to the customer’s professional or commercial activity. However, in the above-mentioned cases, the seller is, at any rate, entitled to turn to the court at the customer’s place of business.
20) Alternative Dispute Resolution
20.1 The European Commission provides an Internet platform for online dispute resolution, which can be accessed using this link: https://ec.europa.eu/consumers/odr. This platform serves as a focal point for the out-of-court settlement of disputes arising from online purchase or service contracts, which involve a consumer.
20.2 The seller is neither willing nor obligated to take part in dispute resolution proceedings of an arbitration board.