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T

The T for orders placed before 1/1/2019 are available for download at the end of this page.

Contracting party

On the basis of these Terms and Conditions (T), a contract is concluded between the customer (i.e. you) and easyfaM GmbH Co.KG (hereinafter also referred to as the provider or we/us), Rotterdamerstraße 29-35, 68219 Mannheim, Germany, Tel: +49 172 27 494 27, email address: info(a)easyfaM.com, VAT ID DE321596981.

Subject matter of the contract

These Terms and Conditions (hereinafter referred to as “TCs”) apply to the free use of the online platform https://www.easyfaM.com as well as to all contracts concluded between the provider and the customer via this online platform. They govern the contract for the sale of new goods from the area/areas of “Playful organization systems and process tools” via the provider’s online shop. For details of the respective offer, please refer to the product description on the offer page. They govern the contract for the sale of digital content (videos, digital booklets, method cards) with one-time or recurring payments in the form of a subscription. The provider provides all services described below exclusively on the basis of these TCs. Deviating TCs of the customer do not become part of the contract even if the provider does not explicitly object to them.

The provider may amend the T with one month’s notice, provided that no main performance obligations and other provisions that are decisive for the customer (e.g. notice period) are changed to the customer’s disadvantage and the change is reasonable for the customer. Any change will be communicated in writing or by email and will become part of the contract unless it is objected to in writing or by email within one month. Previous versions of the T are available to the customer.

Conclusion of contract

The contract is concluded exclusively via electronic commerce using the shop system. The offers presented constitute a non-binding invitation for customers to submit an offer by placing an order, which the provider may then accept. The ordering process for concluding the contract includes the following steps in the shop system:

  • Selecting the offer in the desired specification
  • Adding the offer to the shopping cart
  • Clicking the “Order” button
  • Entering the billing and delivery address
  • Selecting the payment method
  • Reviewing and editing the order and all entries
  • Clicking the “Order now” button
  • Confirmation email that the order has been received

The contract is concluded when the order confirmation is sent. The customer can view further information on data protection at any time at https://easyfam.com/de/datenschutzerklaerung/.

Reservations

The provider reserves the right, in the event that the promised service is not available, not to provide it or to deliver it once available (delivery date stated for the product during the purchase process).

Prices, shipping costs, return shipping costs

All prices at the time of ordering are final prices in EUR and include statutory VAT and sales tax. In addition to the final prices, further costs may apply depending on the shipping method; these will be displayed before the order is dispatched. If there is a right of withdrawal and it is exercised, the customer bears the costs of returning the goods. An optional form for download is available in the Withdrawal chapter. For purchase contracts between the provider and the customer, the total amount payable, including shipping costs, is due immediately. If a discount, promotional price, voucher or similar has been used for the first contract period, the regular price at the time the contract was concluded will be due upon renewal, unless expressly agreed otherwise at the time the contract was concluded.

Payment terms

The customer has only the following payment options: payment service provider (PayPal, paydirekt), Sofortüberweisung, giropay, Maestro, credit card. No other payment methods are offered and will be rejected. By using an escrow service/payment service provider, it enables the provider and the customer to process the payment between them. The escrow service/payment service provider forwards the customer’s payment to the provider. Further information can be found on the website of the respective escrow service/payment service provider. When paying by credit card, the customer must be the cardholder. The credit card will be charged upon acceptance of the order. In the case of invoicing with bank transfer, the customer is obliged to pay or transfer the stated amount to the account specified on the invoice within 7 days of receiving the invoice. Shipping or activation will only take place after receipt of payment. If collection or charging fails for reasons for which the customer is responsible (e.g. insufficient funds, unauthorized chargeback), the customer must reimburse the provider for the costs incurred as a result. If the debit fails repeatedly, no further debit will be made in order to avoid additional costs. The provider’s customer service will contact the customer and request payment by bank transfer. If the customer is in default, the customer must bear the costs of the reminder process.

Payment is due without deduction from the invoice date. The customer is only in default after a reminder. Any right of retention by the customer that is not based on the same contractual relationship is excluded. Set-off against claims of the customer is excluded unless these are undisputed or have been legally established.

If the customer purchases a product as a subscription, this is deemed to be a direct debit authorization granted by the customer to the provider for the selected payment option. Prices and periods are always clearly stated on the order form.

Delivery terms

The goods will be shipped immediately after confirmed receipt of payment. Shipping takes place on average after 2 working days (Mon-Fri), at the latest 10 days after receipt of payment. The standard delivery time within Germany is 3 days and internationally depends on the logistics chain, unless otherwise stated in the item description. The provider ships the order from its own warehouse as soon as the entire order is in stock there. If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, although a corresponding covering transaction was concluded in good time, the provider has the right to withdraw from a contract with the customer to that extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.

Term, renewal, cancellation of subscriptions

The following conditions apply to subscriptions: The contract term is stated when the purchase contract for the subscription is concluded, usually twelve months. One-month basic access is not provided as a subscription and ends automatically after one month. The term subscription (e.g. 12 months) is automatically extended after expiry by the originally agreed paid term unless it has been cancelled in good time by the provider or the customer by letter, fax or email.

Cancellation must be made at least 4 weeks before the end of the term. It can be made at any time during the term without disadvantages for the customer, without changing the term. Compliance with the deadline is determined by receipt by the provider or, in the case of letters, by the postmark. In the event of cancellation by the provider, receipt by the customer is decisive. A cancellation is legally valid when sent, stating the email address registered with the provider and/or the customer number, to the following address:

info(a)easyfaM.com or to easyfaM GmbH Co.KG, Fridolin-Holzer-Str. 6, 88161 Lindenberg, Germany

The order confirmation message shows the customer the contract term and the length of the subscription, and alternatively this can be viewed in the user account under Orders. The statutory right to extraordinary termination remains unaffected.

Warranty

Consumers are entitled to a statutory right to liability for defects for the services offered in accordance with the relevant provisions of the German Civil Code (BGB). If this is deviated from, the warranty is governed by the provisions set out in the Terms and Conditions (T). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is entitled, in the case of subsequent performance, to choose between repair or replacement delivery if the goods are new goods and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty is excluded for used goods. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages by the customer due to injury to life, body, health or essential contractual obligations that must necessarily be fulfilled in order to achieve the purpose of the contract. This also does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. Otherwise, the statutory provisions apply.

Use of the online platform and the content

To complete an order for a term-based digital product (e.g. training access for 12 months), registration with a valid email address is required and a password that meets the usual security requirements must be chosen. Login and password must not be passed on to third parties.

Commercial, business or public use or presentation is only permitted with the provider’s written consent. Online access enabled by the purchase contract via the online platform is personal. The content (e.g. method cards, checklists, coaching videos) may not be redistributed. Storage of the .pdf files is only permitted during the term of access. Videos may not be stored under any circumstances. All data is protected by copyright. The provider may use technologies to identify violations and, if necessary, pursue them for damages.

Data protection

Protecting the personal data of the provider’s customers is of the highest importance. More detailed information on data protection can be found here: https://easyfam.com/de/datenschutzerklaerung/

Contract design

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover, and in the case of shipment upon delivery of the goods to the selected service provider. The provider stores the contract text. The customer has the following option to access the stored contract text: by logging into their own account and selecting “My orders”. This area can be found on the following page: https://www.easyfaM.com, Login, Orders. The customer can correct input errors during the ordering process by making adjustments in the shopping cart.

Right of withdrawal, withdrawal notice

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason.

Expiry of the right of withdrawal for digital content

The right of withdrawal expires in the case of a contract for the supply of digital content not supplied on a tangible medium (e.g. membership for a certain period) if we have begun performing the contract after you have expressly agreed that we may begin performing the contract before the withdrawal period expires, and you have confirmed your knowledge that by giving your consent you lose your right of withdrawal at the start of performance of the contract.

In all other cases, the withdrawal period is fourteen days from the day

  • In the case of a purchase contract: on which you or a third party named by you who is not the carrier took possession of the last goods.
  • In the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece.
  • In the case of a contract for the regular delivery of goods over a specified period: on which you or a third party named by you who is not the carrier took possession of the first goods.

If several alternatives apply, the last point in time is decisive.

To exercise your right of withdrawal, you must inform us (easyfaM GmbH Co.KG, Fridolin-Holzer-Str. 6 88161 Lindenberg im Allgäu, Germany, +49-8381-8307101, info(a)easyfaM.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the inexpensive standard delivery within Germany offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, 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 any fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods and we have accepted them, whichever is the earlier.

You must return or hand over the goods to easyfaM GmbH Co.KG, Fridolin-Holzer-Str. 6 88161 Lindenberg im Allgäu (Germany) +49-8381-8307101 info(a)easyfaM.com without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods

  • if this loss in value is due to handling of the goods that is not necessary for checking their nature, characteristics and functioning,
  • the goods can no longer be sold at their new value because they have been customized or damaged.

Sample withdrawal form

If you want to withdraw from the contract, please fill out the following form and send it back.

To

easyfaM GmbH Co.KG

Fridolin-Holzer-Str. 6

88161 Lindenberg i.A., Germany

info(a)easyfaM.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)________________________________

Name of consumer(s)________________________________

Address of consumer(s)______________________________

I am aware that, as a consumer, I have to bear the return shipping costs and that I must address and stamp the parcel myself.

Signature of consumer (only if notification is on paper)_____________________

Date:_________________

(*) Delete as applicable.

End of the withdrawal notice


Limitation of liability, disclaimer

Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the provider’s representative and vicarious agents if the customer asserts claims for damages against them. Excluded from this are claims for damages by the customer due to injury to life, body, health or essential contractual obligations that must necessarily be fulfilled in order to achieve the purpose of the contract. This also does not apply to claims for damages due to grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.

The provider endeavors to ensure at all times that the online platform is available without interruptions and that the customer receives error-free transmissions. However, this cannot be guaranteed at all times. Access may occasionally be restricted or interrupted for maintenance work, repairs or revisions. The limitations of liability apply in favor of employees, commissioned partners and vicarious agents of the provider.

Prohibition of assignment and pledging

Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.

Language, place of jurisdiction and applicable law

The contract is drawn up in German. The further execution of the contractual relationship is carried out in German. Only the law of the Federal Republic of Germany applies. For consumers, this applies only insofar as it does not restrict any statutory provisions of the state in which the customer has their domicile or habitual residence. The place of jurisdiction for disputes with customers is, insofar as permissible, the provider’s registered office. If the contracting party is commercial and/or a person who is a merchant, only the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Severability clause

The invalidity of a provision of these T has no effect on the validity of the remaining provisions.

T created using the generator of Deutsche Anwaltshotline AG, supplemented with regard to digital content and adapted to the specific form of easyfaM’s offers and services.

Version: January 2019