I. General Terms and Conditions

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (VARIA System GmbH) via the varia-store.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

§ 2 Formation of the contract for goods or services

(1) The object of the contract is the sale of goods and/or the provision of services (in particular services).

(2) By placing the respective product or service offer on our website, we make you a binding offer to conclude a contract under the conditions specified in the item or service description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods and/or services intended for purchase are stored in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you have selected an instant payment system (e.g. PayPal/PayPal Express, Amazon Payments) as your payment method, you can also select a payment method.If you use an instant payment system (e.g. PayPal/PayPal Express, Amazon-Payments, Postpay, Sofort) as your payment method, you will either be redirected to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the opportunity to check all details again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase.
By submitting the order via the “Buy” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 3 Formation of the contract for download products

(1) The subject of the contract is the sale of download products (digital content that is not supplied on a physical data carrier).

(2) By placing the respective download product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are stored in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page and entering your personal data and payment terms, all order data will be displayed again on the order overview page.
If you have selected an instant payment system (e.g. PayPal/PayPal Express, Amazon-Payments, Postpay, Sofort), you will either be redirected to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the option of checking all details again, changing them (also via the “back” function of the Internet browser) or canceling the purchase.
By submitting the order via the “Buy” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by spam filters.

§ 4 License of use for download products

(1) The download products offered are protected by copyright. You will receive a simple user license for each download product purchased from us, unless otherwise stated in the respective offer.

(2) The single user license includes permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from making any further copies. You are expressly prohibited from modifying or editing a file or parts thereof and making it available to third parties privately or commercially in any way.

§ 5 Provision of services for services

(1) Insofar as services are the subject matter of the contract, we owe the individual services resulting from the service description in the respective offer. We provide these services to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate if further information must be made available to us in order to provide the service.

(3) The service shall be provided on the agreed dates or within the agreed deadlines.

§ 6 Special agreements on payment methods offered

SEPA direct debit (basic and/or business direct debit)
When paying by SEPA basic direct debit or SEPA business direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 10-15 days of conclusion of the contract.
The period for sending the pre-notification is shortened to 5 days before the due date. You are obliged to ensure that there are sufficient funds in your account on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.

§ 7 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 8 Warranty

(1) The statutory liability for defects shall apply.

(2) For used items, the warranty period shall be one year from delivery of the item, in deviation from the statutory regulation. The shortening of the period shall not apply:

– for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless such relocation corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:

– for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights.

§ 9 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

(2 ) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

§ 10 Debt collection, Creditreform

Our company regularly checks your creditworthiness when concluding contracts and in certain cases where there is a legitimate interest. For this purpose, we work together with Creditreform (Chemnitz, Creditreform Hof Lippold & Ritter KG, Kapellenberg 1, DE 09120 Chemnitz), from whom we receive the necessary data. For this purpose, we transmit your name and contact details to Creditreform. Further information on data processing at Creditreform can be found in the detailed Creditreform information sheet in accordance with Art. 14 EU GDPR or at www.creditreform.de/chemnitz/datenspeicherung-und-verarbeitung.

§ 11 Formation of the contract for courses

(1) The subject of the contract is the provision of courses.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 12 Provision of services for courses

(1) The courses shall be held in the form described in the respective offers on the agreed dates.

(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer.

If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already rendered will be refunded immediately.

(3) If an individual event is canceled due to the short-term absence of the course instructor due to illness or for other important reasons, the services already rendered will be refunded immediately.

In the case of events consisting of several dates, if one date is canceled due to the short-term absence of the course instructor due to illness or for other important reasons, the canceled date will be made up on an alternative date.

(4) In connection with the use of course rooms and facilities, you must comply with the house rules displayed locally. You must adhere to our instructions or the instructions of the course instructor.

§ 13 Substitute participants

You can nominate a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.

§ 14 Cancellations

Training contracts can be canceled by the customer free of charge 30 days before the start of the event. If it transpires after this period that the customer is unable to attend the agreed training date – for whatever reason – the customer shall endeavor to offer an alternative date in consultation with VARIA System GmbH. If the parties are unable to agree on an alternative date, the customer must pay VARIA System GmbH 50% of the net fee plus VAT in the event of cancellation – less than 30 to 14 days before the agreed training date – less than 14 days to 24 hours before the agreed training date. All claims of the training company VARIA System GmbH are settled with the aforementioned payments. In the event of later withdrawal or non-attendance, we reserve the right to charge the full course price. In this case, the participant is entitled to attend a seminar of the same type and price free of charge within 6 months. The nomination of suitable substitute participants is possible in all of the above cases at no additional cost. Separate conditions apply to complete offers (e.g. in-house training courses).