1.1 These terms and conditions of edulink GmbH (hereinafter referred to as "Licenser") shall apply to all contracts concluded between a consumer or a company (hereinafter referred to as "Licensee") and the Licenser for the supply of data which are not located on a physical data medium and which is produced and supplied in digital form (digital content) as presented in the online shop of the Licenser. The inclusion of the Licensee’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 The subject-matter of the contract is the transfer of digital content offered by Licenser to Licensee in electronic form with certain usage rights, which are more precisely regulated in these terms and conditions (AGB).

1.3 A consumer pursuant to these terms and conditions is any natural person acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. A company pursuant to these terms and conditions is any natural or legal person or legally capable partnership acting for purposes relating to that person’s trade, business, craft or profession.

2.1 The published content in the Licenser’s online shop do not constitute binding offers on the part of the Licenser, but merely serve the purpose of submitting a binding offer by the Licensee.

2.2 The Licensee may submit the offer using the online order form integrated into the Licenser’s online shop. After having entered his personal data and by clicking the button for finalizing the order process, the Licensee submits a legally binding contractual offer with regard to the digital content contained in the virtual shopping cart. The Licensee may also present the offer to the Licenser by means of email.

2.3 The Licenser may accept the Licensee’s offer within five days

• by transferring a written order confirmation or an order confirmation in written form (fax or email); insofar the receipt of the order confirmation by the Licensee is decisive, or
• by delivering the ordered digital content to the Licensee; insofar the receipt of the digital content by the Licensee is decisive, or
• by requesting the Licensee to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Licenser not accept the Licensee’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Licensee is no longer bound by his declaration of intent.

2.4 If the Licensee chooses "PayPal Express" when placing his order, he also makes a payment order to his payment service provider by clicking the button for finalizing the order process. For this eventuality, in deviation of section 2.3, the Licenser hereby declares his acceptance of the Licensee’s offer at the point of time when the Licensee initiates the payment transaction by clicking the button for finalizing the order process.

2.5 The period for acceptance of the offer shall start on the day after the Licensee has sent the offer and ends with the expiry of the fifth day following the sending of the offer.

2.6 When using the online order form, the contractual text will be stored by the Licenser and will be sent to the Licensee in writing including these terms and conditions (for example via email, fax or letter) after the Licensee has submitted his order.

2.7 The Licensee can correct all the data entered via the usual keyboard and mouse functions prior to submitting his binding order via the online order form. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse functions.

2.8 The German language is exclusively available for the conclusion of the contract.

2.9 Order processing and contacting usually takes place via email and automated order processing. It is the Licensee’s responsibility to ensure that the email address provided for the order processing is accurate so that emails sent by the Licenser can be received at this address. Particularly, it is the Licensee’s responsibility, if SPAM filters are used, to ensure that all emails sent by the Licenser or by third parties commissioned by the Licenser with the order processing can be delivered.

Consumers are generally entitled to the right of cancellation. Detailed information about the cancellation right are provided in the Licenser’s cancellation instructions.

4.1 The Licenser receives a fixed license fee for granting the usage rights of the respective digital content, the amount of which is derived from the respective product description.

4.2 Prices indicated by the Licenser are total prices and include the statutory value-added tax.

4.3 In case of payments from countries outside the European Union, additional costs may incur in individual cases for which the Licenser is not responsible and which have to be borne by the Licensee. This includes for example transfer fees charged by banking institutes (e.g. transfer charges, exchange fees).

4.4 Payment can be made using one of the numerous methods mentioned in the Licenser’s online shop.

4.5 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

4.6 When selecting the payment method "PayPal", payment will be made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with the User Agreement for PayPal Services which can be viewed at https://www.paypal.com/webapps/mpp/ua/useragreement-full.

4.7 When selecting the payment method "PayPal Invoice", payment will be made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") to which the Licenser assigns his payment claim. Before accepting the declaration of assignment of the Licenser, PayPal will conduct a credit assessment using the Licensee information available. The Licenser reserves the right to refuse the payment method "PayPal Invoice" in case of a negative outcome of the credit assessment. If the payment method "PayPal Invoice" has been approved, then the invoice amount is to be paid to PayPal within 14 (fourteen) days from the receipt of the merchandise. In this case, s/he can only be cleared of debt by paying PayPal. In the case of an assignment of claim, the Licenser does, however, remain liable for general Licensee enquiries pertaining to, for example, merchandise, delivery, shipment, returns, complaints, cancellation declaration and shipments or credits. Furthermore, the User Agreement for PayPal Services is effective and can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE#int_6a.

Digital content is provided explicitly in electronic form using the following options: - per download - per email

6.1 The digital content are protected by copyright. The Licenser does not provide the Licensee of digital content ownership of the digital content. The Licenser grants the Licensee the non-exclusive, non-sublicensable and locally and temporally unrestricted right to use the digital content made available exclusively for private purposes in accordance with copyright law.

6.2 The Licensee is permitted to download the digital content once and copy the digital content only for personal use on their devices of choice. It is not permitted to copy the digital content for third parties, make it publicly accessible, forward to third parties, to place it on the internet or other network for free or for payment, to modify it, to sell it, or to use it for commercial purposes.

6.3 To the extent possible, the Licenser will enable the Licensee further downloads after the first successful download of the digital content. However, there does not exist a legal claim for this service. The Licenser is entitled, to modify, interrupt or terminate the opportunity to download the digital content at any time.

6.4 Digital content can be labelled individually with digital watermarks, so that the investigation and prosecution of the original Licensee are possible in the event of improper use. Digital content can be protected against piracy with a DRM protection (Adobe Digital Rights Management). The use of such digital content is only possible using the Adobe ID saved on the devise/s of the Licensee. Licensee may not bypass or remove an inserted digital rights management (DRM) or other technical protection measures pertaining to rights management.

6.5 The Licensee is liable for all damages and charges that arise from the use of digital content by a third party, to the extent the Licensee can be linked with the usage of the third parties.

6.6 The granting of rights according to § 158 para. 1 BGB only becomes effective once the Licensee has fully paid the due amount according to paragraph 4 of this contract. The Licenser can allow a preliminary use of the contractual content before this point in time. A transfer of rights is not established by such a preliminary authorization.

Statutory liability for defects apply.

The entire digital content has been created with care, to the best of our knowledge and in good faith. The Licenser does not assume liability for the completeness of the content and does not guarantee any specific learning or exam success.

The liability of Licenser for damages caused by intentional or grossly negligent behavior of the Licenser, for personal injury and damages under the Product Liability Act (Produkthaftungsgesetz) is in accordance with the statutory provisions.

The Licenser shall only be liable for damages caused by carelessness, in the event that these are based on the breach of cardinal obligations. Cardinal obligations are defined as essential contractual obligations which must be met in order to achieve the defined objective of the contract. The liability of the Licenser for simple negligence is limited to the typically foreseeable damage.

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection by mandatory provisions of the law of the country, in which the consumer has his habitual residence, is not withdrawn.

Should one or more provisions of these terms and conditions be totally or partly ineffective or lose their legal validity, the validity of the rest of the terms and conditions will not be affected.