Hafsa Software’s AGB

AGB

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts,which you conclude with us as a supplier (Ömer Hakan Ölçer) via the hafsa.dewebsite. Unless otherwise agreed upon, the inclusion, if necessary, of your ownconditions is ruled out.

(2)  A ‘consumer’ in the sense of the following regulations isevery natural person who concludes a legal transaction which, to anoverwhelming extent, cannot be attributed to either his commercial orindependent professional activities. The term ‘businessman’ refers to everynatural person, legal person or legally responsible partnership that concludesa legal transaction in pursuance of his/its independent professional orcommercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of productsincluding digital content (data created and delivered in digital form) .

(2) As soon as you place the respective product on our website, we shallsubmit to you a binding offer to conclude a contract via the online shoppingcart system under the conditions specified in the item description.

(3) The purchase agreement takes place via the online shopping cartsystem as follows:
The products intended for purchase are moved to the "shopping cart".You can select the shopping cart using the appropriate buttons on thenavigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal dataas well as the payment and shipping conditions, you are finally shown the orderdata again as an order overview.If you use an instant payment system (e.g.PayPal/PayPal Express, Amazon Payments, instant transfer) as your paymentmethod, you will either be taken to the order overview page in our online shopor forwarded to the website of the provider of the instant payment system.If you are forwarded to the relevant instantpayment system, choose and/or enter your data as appropriate. Finally, on thewebsite of the provider of the instant payment system or, after you have beendirected back to our online shop, the order data will be displayed as an orderoverview.Before submitting the order, you have the optiononce more to review or change (you may also use the "Back" button onyour web browser) any information on the order summary page, or to cancel thepurchase.
By clicking the "Place order in conjunction with a liability to pay”button to submit the order, you declare acceptance of the order in a legallybinding way by which the purchase agreement takes place.

(4) You are not bound by your enquiries regarding the creation of anoffer that have been conveyed to us. We supply you with a textual and bindingoffer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all the detailsnecessitated by the conclusion of the contract take place via e-mail, in apartially-automated manner. Consequently, you have to ensure that the e-mailaddress that you have deposited with us is the correct one, and that thereceipt of the respective e-mails is guaranteed. In particular, you have toensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 License to use digital content(1) The digitalcontent offered is protected by copyright. For each digital content purchasedfrom us, you will receive a usage license from the respective licensor. Thetype and scope of the usage license are determined by the license terms statedin the respective offer.§ 4 Conclusionof the contract in the case of courses

(1) The object of the contract is the delivery of courses.
Once the course offer is uploaded on our website, it constitutes a bindingoffer from us to conclude a contract subject to the conditions specified in therespective course description.

(2) The contract becomes effective via the online shopping cart systemas follows:
The courses you intend to book are added to your "Shopping Cart". Youcan select the "Shopping Cart" using the appropriate buttons on thenavigation bar and make changes there at any time. After calling up the“Checkout” page and entering the required personal data and payment conditions,all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments,Sofort) to receive payments, you will either be guided to our online shop onthe order summary page or forwarded to the web page of the instant paymentprovider.
If you are forwarded to the instant payment system, choose and enter yourdetails as appropriate. You will then be returned to the order summary page inour online shop.
Before the order is sent, you can re-check all the data, change it (which canalso be done via the internet browser’s ‘back’ function) or cancel the purchasetransaction.
By using the button clearly indicating your liability to pay, you indicate yourlegally binding acceptance of the offer, which results in the conclusion of thepurchase contract.

(3) The execution of the order and the sending of all the detailsnecessitated by the conclusion of the contract take place via e-mail, in apartially-automated manner. Consequently, you have to ensure that the e-mailaddress that you have deposited with us is the correct one, and that thereceipt of the respective e-mails is guaranteed. In particular, you have toensure that the respective e-mails are not blocked by a SPAM filter.

§ 5 Service provision in the case of courses

(1) The courses will be delivered in the form described in therespective offers on the agreed dates.

(2) If the delivery of the course is dependent on the number ofparticipants, the minimum number of participants will be evident in each casefrom the offer.
If the minimum number of participants is not reached, we will inform you inwriting (e.g. by e-mail) at least seven days before the beginning of the coursethat the booked course will not be taking place. In this case, any paymentsalready made will be refunded immediately.

(3) In the case of cancellation of a single event due to thenon-availability of the course instructor at short notice due to illness oranother important reason, the payments already made will be refundedimmediately.
In the case of events consisting of several dates, if one of the dates iscancelled at short notice because the course instructor is not available due toillness or another important reason, a replacement date will be found for thecancelled date.

(4) In relation to the use of course rooms and objects, you must complywith the house rules displayed on the premises. You must adhere to ourinstructions or the course instructor's instructions.

§ 6 Substitute participant

You can name a substitute participant at any time before the start of thecourse. There will be no charges for this change to the booking.

§ 7 Special agreements related to the offered payment methods

(1)Payment options from Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34Stockholm, Sweden, we offer the following payment options. Payment is alwaysmade to Klarna: Instant bank transfer:     Available in Germany. Your account will be debited immediately after     placing the order.You can find further information and Klarna'sterms of use here. General informationabout Klarna can be found here. Klarna will treat your personal data inaccordance with the applicable data protection regulations and in accordancewith the information in Klarna's Privacy Policy.For more information about Klarna, please click here. The Klarna app can be found here.§ 8 Right ofretention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation inquestion involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid infull.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from theongoing business relationship have been settled in full. The goods subject toretention of title may not be pledged or transferred by way of security beforeownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. Inthis regard, you hereby cede all the claims amounting to the magnitude of thebilling amount that accrue to you as a result of the re-selling operation tous, and we accept the cession. Furthermore, you are authorised to collect theclaim in question. However, insofar as you do not discharge your paymentobligations in an orderly fashion, we reserve the right to collect the claimourselves.

c) In a situation involving the combination and amalgamation of the goodssubject to retention of title, we acquire co-ownership of the newly-formeditem. This co-ownership corresponds to the ratio that exists between theinvoice value of the goods subject to retention of title and the otherprocessed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release thesecurities that are due to us, to the extent that the realisable value of oursecurities exceeds the claim to be secured by more than 10%. We are responsiblefor selecting the securities to be released.

§ 9 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product forcompleteness, visible defects and transport damage as soon as it is delivered,and promptly disclose your complaints to us and the shipping company inwriting. Even if you do not comply with this request, it shall have no effecton your legal warranty claims.

(3) If a characteristic of the goods deviates from the objectiverequirements, the deviation shall only be deemed to be agreed if you wereinformed of the same by us before submitting the contractual declaration andthe deviation was expressly and separately agreed between the contractingparties.

(4)Insofar as you are an entrepreneur, the followingshall apply in deviation from the above warranty provisions:a) Only our ownspecifications and the manufacturer's product description shall be deemedagreed as the quality of the goods, but not other advertising, publicpromotions and statements by the manufacturer.b) In the eventof defects, we shall, at our discretion, provide warranty by rectification ofthe defect or subsequent delivery. If the rectification of defects fails, youmay, at your option, demand a reduction in price or withdraw from the contract.The rectification of defects shall be deemed to have failed after a secondunsuccessful attempt, unless the nature of the goods or the defect or othercircumstances indicate otherwise. In the event of rectification of defects, weshall not be obliged to bear the increased costs arising from the transport ofthe goods to a place other than the place of performance, unless such transportis in accordance with the intended use of the goods.c) The warrantyperiod shall be one year from delivery of the goods. The shortening of theperiod shall not apply- for culpable damage attributable to us arisingfrom injury to life, limb or health and for other damage caused intentionallyor by gross negligence;- insofar as we have fraudulently concealed thedefect or have assumed a guarantee for the quality of the item;- in the case of items which have been used for abuilding in accordance with their customary use and have caused itsdefectiveness;- in the case of statutory rights of recoursethat you may assert against us in connection with rights arising from defects.§ 10 Choice oflaw

(1) German law shall apply. This choice of law only applies to customersif it does not result in the revocation of the protection guaranteed by themandatory provisions of the law of the country in which the respectivecustomer’s usual place of residence is located (benefit-of-the-doubtprinciple).

(2) The provisions of the UN Convention on Contracts for theInternational Sale of Goods are explicitly inapplicable.


II. Customer information1. Identity of the sellerÖmer Hakan ÖlçerLiliencronstraße 2521629 Neu WulmstorfGermanyTelephone: 017641817594E-Mail: kontakt@hafsa.deAlternative dispute resolution:The European Commission provides a platform for the out-of-court resolution ofdisputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.2. Information regarding the conclusion of the contractThe technical steps associated with the conclusion of the contract, thecontract conclusion itself and the correction options are executed inaccordance to the regulations "conclusion of the contract" in ourstandard business terms (part I.).3. Contractual language, saving the text of the contract3.1 Contract language shall be English.3.2 The complete text of the contract is not saved with us. Before the order issent, via the online - shopping cart system the contract data can be printedout or electronically saved using the browser’s print function. After the orderis received by us, the order data, the legally-mandated details related todistance selling contracts and the standard business terms are re-sent to youvia e-mail.3.3 You will be sent all contractual information within the framework of abinding offer in written form, via E-mail for example, for quotation requestsoutside of the online shopping basket system, which can be printed out or savedelectronically in a secure manner.4. Main features of the product or serviceThe key features of the goods and/or services can be found in the respectivequote.5. Prices and payment arrangements5.1 The prices mentioned in the respective offers represent total prices, as dothe shipping costs. They include all the price components, including all theincidental taxes.5.2 The dispatch costs that are incurred are not included in the purchaseprice. They can be viewed by clicking the appropriate button on our website orin the respective quote, are shown separately over the course of the ordertransaction and must additionally be borne by you, insofar as free delivery isnot confirmed.5.3 If delivery is made to countries outside of the European Union, we mayincur unreasonable additional costs, such as duties, taxes or money transferfees (transfer or foreign exchange fees charged by the banks), which you mustbear. 5.4 You must also bear the costs arising from money transfers in cases in whichthe delivery is made to an EU Member State, but the payment is initiatedoutside of the European Union.5.5 The payment methods that are available to you are shown by clicking theappropriate button on our website or are disclosed in the respective quote.5.6 Unless otherwise specified for the respective payment methods, the paymentclaims arising from the contract that has been concluded become payableimmediately.5.7 Unless otherwise agreed, when booking courses payment must be made no laterthan on the course date before the start of the course; there is otherwise noentitlement to participation.6. Delivery conditions, Provision6.1 The terms and conditions of delivery, the delivery date and, if applicable,existing delivery restrictions as well as the terms and conditions of theprovision of digital content can be found under a correspondingly designatedbutton on our website or in the respective offer.6.2 If you are a consumer, the following is statutorily regulated: The risk ofthe sold item accidentally being destroyed or degraded during shipping onlypasses over to you when the item in question is delivered, regardless of whetheror not the shipping operation is insured. This condition does not apply if youhave independently commissioned a transport company that has not been specifiedby us or a person who has otherwise been appointed to execute the shippingoperation.If you are a businessman, the delivery and shipping operations take place atyour own risk.7. Statutory warranty rightLiability for defects is governed by the “Warranty” provisions in our GeneralTerms and Conditions of Business (Part I). These SBTs and customer details were created by the lawyers specialising in ITlaw who work for the Händlerbund, and are constantly checked for legalconformity. Händlerbund Management AG guarantees the legal security of thetexts and assumes liability in case warnings are issued. More detailedinformation can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.last update: 01.01.2022