The users are requested to read these GTC carefully before using VentureClassroom. By using the VentureClassroom, the Customers declare their consent to be bound by these conditions and to conclude individual transactions and contracts, also with third parties, on the basis of these conditions. The users are further requested to read the data protection declaration and the information on cookies as well as the information available at https://www.donhauser.law/datenschutz in order to understand how Donhauser Ventures collects and processes the personal data of its Customers through VentureClassroom. Donhauser Ventures provides the VentureClassroom subject to the terms and conditions set out below.
1. GENERAL TERMS & CONDITIONS
1.1 All contractual relationships, deliveries and services of Donhauser Ventures UG (haftungsbeschränkt), registered in the Commercial Register of the Local Court of Munich under HRB 258074 and its place of business at Prinz-Ludwig-Straße 4, 80333 Munich (hereinafter "Donhauser Ventures"), are based on these General Terms and Conditions (hereinafter "GTC"). This GTC are an integral part of all contracts that Donhauser Ventures concludes with its contractual partners, costomers or users (hereinafter referred to as "Customer") offered within the framework of the Venture Classroom in detail (Donhauser Ventures and Customer hereinafter individually the "Contract Partner" and jointly the "Contract Partners".
1.2 These GTC shall also apply to all future deliveries, services or offers made to the Customer within the framework of a permanent contract of use of the services provided by Donhauser Ventures (hereinafter referred to as "Term Contract"), without these GTC having to be agreed separately in each individual case. Unless otherwise agreed, these GTC shall apply in the version communicated upon conclusion of the Term Contract.
1.3 These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer or third parties shall only become part of the contract if and to the extent that Donhauser Ventures has expressly agreed to their validity in writing. General terms and conditions of the Customer or third parties shall therefore not apply subject to Donhauser Ventures 's express consent, even if Donhauser Ventures does not separately object to their application in individual cases or refers to the exclusive application of these GTC. The consent requirement shall apply in any case. Donhauser Ventures 's reference to a letter containing or referring to the general terms and conditions of the Customer or a third party, as well as the unconditional performance or delivery in knowledge of the general terms and conditions of the Customer or a third party, does not constitute an agreement with the validity of those general terms and conditions.
1.4 These GTC apply in addition to individual contracts or offers provided by Donhauser Ventures. If and insofar as agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) contain deviations from these GTC, these shall in any case take precedence over these GTC. The remaining provisions of these GTC shall remain unaffected.
1.5 If written form is required in these GTC, § 126 BGB (German Civil Code) shall apply. Unless individual provisions of these GTC expressly provide otherwise, the transmission of a copy of the respective document by telecommunication, in particular by fax or as a PDF copy by e-mail, shall be sufficient to comply with the formal requirement, provided that the copy of the signed declaration(s) is transmitted.
1.6 References to the applicability of statutory provisions shall only have a clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
2. ACCESS & SERVICES
2.1 By entering into and subject to compliance with these Terms and Conditions and any applicable individual agreements, including but not limited to the Order Form, between Donhauser Ventures and Customer and payment of the applicable fees, Donhauser Ventures grants limited, non-transferable and non-sublicensable access to and use of all access packages of the Venture Classroom online video course ("VentureClassroom") selected on the applicable individual Order Form.
2.2 Customers may only use the Services in accordance with the terms of this GTC. You are solely responsible for the use of the Services by You and Your End Users and in doing so You must comply with and ensure compliance with all laws applicable to the use of the Services by them and any user, including but not limited to laws relating to records, intellectual property, data protection and export control.
2.3 Customers may, subject to the terms and conditions of these TOS, access the content of the Venture Classroom and use all services. However, customers are prohibited from publishing, selling, renting or sublicensing, re-producing, duplicating or copying, or otherwise redistributing any services of Donhauser Ven-tures, in particular the Venture Class-room. Violations will result in a liability for damages in the amount of the purchase price per case. Clause 5 remains unaffected.
2.4 The VentureClassroom is trademarked by Donhauser Ventures and stands for high quality educational content, which Donhauser Ventures regularly reviews, changes and expands. All lecturers in the Venture Classroom are trained specialists in their field. However, the Venture Classroom does not constitute legal or tax advice. In individual cases, you should always consult a lawyer or tax advisor.
3. CONCLUSION OF CONTRACT
3.1 The presentation, display or advertising of articles on the VentureClassroom website does not constitute a binding offer to conclude a purchase contract, but an invitation to order the products described. By sending an order online by pressing the order button or similar, the Customer places a legally binding order. The contract is concluded as soon as Donhauser venturessends an order confirmation. A contract is only concluded above the minimum order value. This can be found in the online shop.
3.2 The content of the contract is usage of the products displayed and selected via the order form and payment of the respective fees. The relevant content is determined by the individual contract for the ordered goods, quantity and price as stated in the order confirmation.
4. PRICES, TERM & CONDITIONS OF PAYMENT
4.1 Agreed prices shall apply to the contract concluded via the VentureClassroom platform and/or the Order Form, otherwise listed in the advertisement of the order form or in the order confirmation of Donhauser Ventures. All prices are quoted in Euro exclusive of the statutory value added tax. Agreed fees are to be paid via the means of payment accepted by Donhauser Ventures. The Customer shall be entiteled pay the agreed fee via PayPal.
4.2 If payment is made by credit card, the Customer authorises the credit card company to charge the full invoice amount, including any delivery and shipping costs, when due. Depending on the amount of the payment or the type of delivery, the Customer may be asked for a required second authentication feature by displaying the website of the credit institution.
4.3 Donhauser Ventures also offers the electronic payment system PayPal and accepts credits on Donhauser Ventures's PayPal account on account of performance (§ 364 para. 2 BGB). If a payment is made via PayPal, the Customer must have a PayPal account and legitimise himself with his PayPal access data. The Customer must then go through the PayPal payment process and confirm the payment to Donhauser Ventures. Using the PayPal payment method, payment can also be made without a PayPal account via the guest function. With regard to the PayPal guest function, the terms and conditions available via the payment method apply. If the Customer selects payment by credit card in PayPal, he/she may be asked for a required second authentication feature by displaying the website of the credit institution, depending on the amount of the payment or the type of delivery. The Customer must then verify the payment transaction with his personal second authentication feature such as password, PIN, TAN or biometric data such as fingerprint or face scan using a special online banking app. The contractual relationship between PayPal and the Customer is governed exclusively by PayPal's terms of use.
4.4 If a payment is made via PayPal Plus, the Customer shall go through the relevant payment process, provide the necessary details and, if applicable, confirm the payment to the seller. PayPal Plus accepts the payment methods PayPal, direct debit, credit card and invoice.
4.5 If a payment is made by Sofortüberweisung (Klarna Sofort / Stripe) of the Klarna Group, the Customer must have an activated online banking account with PIN/TAN procedure. At the end of the order process, the Customer shall be requested to enter his/her account number, bank code, PIN and TAN in the form pre-filled by Donhauser Ventures (bank details, transfer amount, reason for transfer). Immediately afterwards, the transaction is confirmed to the Customer.
4.6 If the Customer does not pay on the due date, Donhauser Ventures shall be entitled to interrupt and suspend the services carried out by it until receipt of payment or, in the case of an individual order, to withdraw from the contract in accordance with the statutory provisions. Furthermore, the outstanding amounts shall be subject to interest from the due date at a rate of 5 percentage points above the base interest rate; the assertion of higher interest and further damages in case of default as well as the statutory lump sum according to § 288 para. 5 BGB shall remain unaffected. If the payment deadline is exceeded more than three times, this shall constitute an important reason in the sense of §§ 314, 626 BGB (German Civil Code) and shall entitle Donhauser Ventures to terminate the term contract without notice if Donhauser Ventures cannot reasonably be expected to adhere to the contract, also taking into account the other circumstances. Already accrued claims shall remain due for payment in the event of termination of the contract.
4.7 Offsetting with counterclaims of the Customer or the retention of payments due to such claims is only permissible insofar as the counterclaims are undisputed or have been legally established.
5. WARRANTY, LIABILITY, LIMITATION PERIOD
5.1 Donhauser Ventures always tries to ensure that the VentureClassroom are available without restrictions or interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed at all times.
5.2 In exceptional cases it is possible that products are not available, in these cases Donhauser Ventures obligation to perform shall not apply. In such cases Donhauser Ventures undertakes to inform the Customer immediately about the non-availability and to refund the consideration without delay.
5.3 Unless otherwise stipulated in these GTC including the following provisions, the warranty rights of the Customer and the liability of Donhauser Ventures in case of a breach of contractual and non-contractual obligations shall be determined in accordance with the statutory provisions.
5.4 Donhauser Ventures as well as its legal representatives and vicarious agents shall only be liable - irrespective of the legal grounds - for intent or gross negligence. Insofar as essential contractual obligations (i.e. such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, Donhauser Ventures shall also be liable for slight negligence. In this case, liability is limited to compensation for the foreseeable, typically occurring damage. In the event of a grossly negligent breach of non-essential contractual obligations, Donhauser Ventures shall only be liable to entrepreneurs to the amount of the foreseeable, typically occurring damage.
5.5 The liability for damages resulting from injury to life, body or health and according to the Product Liability Act (Produkthafungsgesetz) shall remain unaffected by the aforementioned limitation of liability. Furthermore, the aforementioned limitation of liability shall not apply if Donhauser Ventures has fraudulently concealed a defect or has assumed a guarantee for the quality of the product.
5.6 As the operator of the services, Donhauser Ventures is not liable for incorrect information or content provided by the Customers. Donhauser Ventures does not check the content posted on the website (in particular with regard to the infringement of third party rights). Should Donhauser Ventures become aware of incorrect, inaccurate, misleading or illegal information, this will be immediately checked and removed if necessary. Furthermore, Donhauser Ventures does not assume any liability for the correctness, up-to-dateness, completeness, quality or legality of the contents not originating from Donhauser Ventures.
5.7 Donhauser Ventures regularly reviews the content of the VentureClassroom to ensure that it is up to date and changes and expands the product accordingly. However, Donhauser Ventures does not assume any liability for up-to-dateness between the review cycles. All lecturers in the Venture Classroom are trained specialists in their field. However, the Venture Classroom does not constitute legal or tax advice. In individual cases, a lawyer or tax advisor should always be consulted.
6. DATA PROTECTION, PASSWORD SECURITY, AVAILABILITY, COPYRIGHT
6.1 Donhauser Ventures shall be entitled to electronically store the data relating to the respective order and to process and use this data for operational purposes in accordance with the statutory provisions and the Donhauser Ventures data protection regulations.
6.2 The disclosure of data to third parties is only permissible insofar as this is the subject matter of the contract (e.g. when registering domains) or is necessary for the performance of the contract or disclosure must take place in accordance with statutory provisions or official orders.
6.3 The contractual partners are obliged to transmit passwords, personal data and other highly sensitive information only securely.
6.4 The legal obligations arising from the General Data Protection Regulation (EU-DSGVO), the Federal Data Protection Act (BDSG) and the Telecommunications Act (TKG) remain unaffected.
6.5 The Customer shall not be entitled to any claims due to temporary short-term unavailability of the online services, in particular within the framework of term contracts.
7. JURISDICTION, CHOICE OF LAW, MEDIATION
7.1 The contractual relationship between Donhauser Ventures and the Customer shall be governed by the laws of Germany to the exclusion of the provisions of international private law. The German version of the T&C, as amended from time to time, shall be the authoritative part of the contract.
7.2 For all disputes arising from or in connection with the contractual relationship (including those concerning the existence or the termination of the contractual relationship) between Donhauser Ventures and Customers who are either merchants, a legal entity under public law or a special fund under public law, the courts in Munich shall have exclusive jurisdiction in the first instance. This shall apply irrespective of whether the Customer has its registered office in Germany or abroad.
8. CHANGES TO SERVICES OR CHANGES TO THE TERMS OF USE
8.1 The Customer can implicitly agree to the changed terms of use by accepting them with the publication of an advertisement about products or services or with the submission of an offer for products or services. Donhauser Ventures will then specifically indicate this by means of a corresponding notice.
8.2 On the other hand, Donhauser Ventures may propose an amendment to these Terms of Use to the Customer at any time. Amendments to these Terms of Use shall be offered to the Customers in text form (e.g. by e-mail) no later than 30 days before the proposed date of their coming into effect. The user shall be deemed to have given his or her consent if Donhauser Ventures is not notified in text form of his or her rejection prior to the proposed date on which the changes will take effect. If the user does not agree with the changes, he/she shall have the right to close the Customer account without notice and free of charge until the proposed time of the changes taking effect.
9. WITHDRAWAL
9.1 Insofar as a right of revocation exists, this shall be governed by the statutory provisions. Cancellation instructions can be found at Clause 11. In the event of a revocation, this is to be declared to the specified Donhauser Ventures contacts.
9.2 The right of withdrawal does not apply to perishable goods. Goods and products that are food and foodstuffs are considered perishable and are excluded from any right of withdrawal.
10. FINAL PROVISIONS
10.1 Amendments and supplements to all contracts must be made in writing in order to be effective, unless another legal form requirement exists. This also applies to amendments to this paragraph.
10.2 Should any provision of these GTC or any provision incorporated in them in the future be wholly or partially invalid or unenforceable or subsequently lose its validity or enforceability, the validity of the GTC shall not be affected thereby. The same shall apply if contracts between the contracting parties contain a loophole. In place of the ineffective or unenforceable provisions or in order to fill the gap, an appropriate provision shall apply which comes as close as possible to what the contracting parties intended or would have intended according to the meaning and purpose of the contract if they had considered the following point when concluding this contract or when adopting a provision at a later date
10.3 Claims in connection with these Terms of Use arising from consumer protection standards can be filed either in Germany or in the EU member state in which the Customer lives. The European Commission provides a platform for online dispute resolution, which the Customer can find at https://ec.europa.eu/consumers/odr/.
10.4 The severability clause in clause 11.2 of these General Terms and Conditions shall not be understood as a reversal of the burden of proof, but as a waiver of § 139 BGB (German Civil Code).
10.5 All contracts of Donhauser Ventures including these GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. If the Customer is acting as a consumer, the mandatory consumer protection provisions applicable in the EU member state in which the Customer has its habitual residence shall also apply, provided that they grant the Customer further protection.
11. REVOCATION INSTRUCTION
The following does not apply to entrepreneurs within the meaning of § 13 BGB. It is also pointed out that the Federal Court of Justice has established in regular case law that start-ups are no longer consumers but entrepreneurs pursuant to § 14 BGB
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (your name, address and, if available, your telephone number, fax number and e-mail address) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail to info@donhauser.io) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can fill in and send the model withdrawal form or another clear declaration electronically. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period. The items are returned in their original sale condition.
The revocation is to be addressed to:
Donhauser Ventures UG (haftungsbeschränkt)
Prinz-Ludwig-Straße 4, 80333 Munich
E-mail address: info@donhauser.io
Consequences of the withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. If the returned goods do not correspond to the delivered goods, we will charge the full purchase price.