Table of contents

1. Scope of application
2. Conclusion of contract 
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting of rights of use for digital content
7. Granting of rights of use for license keys
8. Duration and termination of subscription contracts
9. Retention of title Liability for defects (warranty)
10. Liability for defects (warranty)
11. Redemption of promotional vouchers
12. Redemption of gift vouchers
13. Applicable law
14. Place of jurisdiction
15. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company SINEE GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.
1.3 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.4 These GTC apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These GTC only regulate the sale of tickets for certain events specified in more detail in the seller's item description and not the performance of these events. Only the statutory provisions in the relationship between the customer and the organizer and any deviating terms and conditions of the organizer shall apply to the performance of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.5 These GTC shall apply accordingly to contracts for the delivery of license keys, unless expressly agreed otherwise. In this case, the seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property rights to the software or content. The respective product description in the seller's online store is decisive for the quality of the software or content.
1.6 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. 
1.7 Digital content within the meaning of these GTC is all data not contained on a physical data carrier, which is produced in digital form and provided by the seller by granting certain rights of use regulated in more detail in these GTC. 
1.8 Depending on the Seller's product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "Subscription Contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days, 

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail),  whereby the receipt of the order confirmation by the customer is decisive in this respect, 
• or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, 

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 Pursuant to Section 312g (2) No. 9 BGB, unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, a right of withdrawal is also excluded for contracts for the sale of tickets for scheduled leisure events.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description. 

4.2 The customer will be informed of the payment option(s) in the seller's online store. 

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.4 If payment is made using a payment method offered by PayPal, payment shall be processed 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"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer's order has been placed in the online store. Even if the payment method of credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes. 

4.6 If the payment method credit card via Wirecard is selected, payment shall be processed via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the seller assigns its payment claim. Wirecard Bank AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to Wirecard Bank AG with debt-discharging effect. The credit card shall be debited immediately after the customer's order has been sent via the seller's online store. Even if the credit card payment method via Wirecard is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. Reference is made to the information provided by Wirecard Bank AG in accordance with Article 13 GDPR as part of the processing of credit card payments at https://www.wirecardbank.de/DSGVO.

5) Delivery and shipping condition

5.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Digital content shall be provided to the customer exclusively in electronic form as follows

• by download 
  
• by e-mail

• by download
•  by e-mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the seller's online store, the seller grants the customer the non-exclusive right to use the content provided for private and business purposes without restriction in terms of location or time. 

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to the transfer of the contractual license to the third party. 

6.3 The granting of rights shall only become effective once the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7) Granting of rights of use for license keys

7.1 The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described therein.
7.2 The granting of rights shall only become effective once the customer has paid the remuneration owed in full.

8) Contract duration and termination of subscription contracts

8.1 Subscription contracts are concluded for a limited period of time for the contract term shown in the respective product description in the seller's online store and end automatically after the contract term has expired.
8.2 The subscription to the long-term courses is not automatically extended after expiry and is therefore terminated. The subscription to SINEE Plus is automatically extended.
8.3 Payment of the course fee is due monthly and is always made at the time of booking the course. 
8.4 The first course contents are activated after booking. Thereafter, further content will be activated on a weekly basis. 8.5 To unlock all content, a one-off payment of the entire course fee is due.
8.6 If a course fee is outstanding, the course content will be blocked until payment has been made.
8.7 If more than 2 payments are outstanding, the total amount is due.
8.8 Monthly fees can be paused once by arrangement for up to 3 months. 
8.9 The customer retains lifelong access to all purchased course content even after the course subscription has expired. 8.10 Free months do not change the 14-day return period. 
8.11 Reward products will be sent out after the 14-day return period has expired
8.12 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
8.13 Terminations must be made in writing or in text form (e.g. by e-mail).

9) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

10) Liability for defects (warranty)

10.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
10.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual claims for defects.

11) Redemption of promotional vouchers

11.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.

11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

11.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Several promotional vouchers can be redeemed for one order.

11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

11.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

11.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

12) Redemption of gift vouchers

12.1 Gift vouchers that can be purchased via the seller's online store (hereinafter "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

12.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4 Only one gift voucher can be redeemed per order. 

12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

12.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

12.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective gift voucher holder.

13) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

15) Alternative dispute resolution

16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.


16.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.