General Terms and Conditions of services provided by papagei.com GmbH (henceforth referred to as “supplier”) for companies and consumers regarding purchases concluded in the web shop or by other means of distance communication or commercial sites. The following GTC contain at the same moment legal information on your rights according to the regulations about contracts in distant sales and electronic commerce.
These General Terms and Conditions are the only terms and conditions that are to be applied to the relationship between customers, whether these may be consumers as specified by § 13 BGB or entrepreneurs as specified by § 14 BGB, and papagei.com GmbH, Lister Str. 17, 30163 Hannover, Germany, as represented by its management, unless there are modifications agreed upon by both parties in writing. Any diverging or contrary terms and conditions will not be recognized by the supplier unless they have been expressly approved of.
2. User Registration with the Web Shop
2.1 The customer’s registration with the supplier‘s commercial system is free of charge. There is no legal claim to admission to the supplier’s commercial system. Only natural and legal persons who have unlimited legal capacity are entitled to join. When prompted by the supplier, the customer is required to submit a copy of their ID card or trade license. In order to be admitted, the customer has to fill out the electronic registration form found at the supplier’s website and subsequently submit it using the submit functionality provided. The information required for registration has to be provided by the customer completely and truthfully. During registration, the customer chooses a personal user name and a password. User names must not violate any third-party rights, other rights to names and trademarks or public decency. The customer agrees to keep their password secret and not disclose it to third parties under any circumstances.
2.2 The customer’s registration entails no obligation other than their declaration of consent to these General Terms and Conditions. Having an account with the supplier does not entail an obligation to purchase any goods offered by the supplier.
2.3 Should any of the customer‘s personal information change, they are responsible for changing it themselves. Changes can be made online after logging in under “Profile”.
2.4 Account deletion/cancellation: You can delete your account at papagei.com by sending an informal message to the papagei.com service team. Please use the email address you have signed in with on papagei.com so that we can assign your request to the correct customer account.
In case you have no currently running, fee-based contracts with papagei.com, your user account is deleted immediately. As a matter of course, you receive a separate confirmation of the account deletion.
In case you still have currently running, fee-based contracts with papagei.com, a termination request shall be addressed to the papagei.com service team as well. As a matter of course, you receive a separate confirmation of the account deletion indicating the termination date for the use of your product. (see also 4.4 of these GTC)
3. Conclusion of Contract
3.1 The way products are displayed in the online shop is an invitation to bid. By clicking on [Buy / Order (charges apply)], the customer places a legally binding order. The sale of our products is only for private use and final customers’ quantities purposes.
3.2 We can accept your order either by sending a confirmation of your order by email or by delivering the goods within two days. Immediately after placing the order, receipt of order will be confirmed by an automated email, which does not constitute an acceptance of contract.
3.3 If our confirmation of order contains typing or printing errors or if our price determination is based on transmission errors, we shall be entitled to avoidance, whereby it is our obligation to provide proof of our error. Payments already made shall be reimbursed to you without delay.
3.4 People who do not have unlimited legal capacity, particularly minors, require the consent of a legal representative to conclude a contract.
3.3 As a user of papagei.com’s products, you are obligated to provide complete and truthful information. If your personal information changes, you are required to inform papagei.com of the changes immediately. Usually, this can be done by simply changing the information in your user account.
3.4 Any user may only register once.
3.5 In order to provide high security standards, access to the service is by password. This password may not be passed on to third parties. In case of abuse of a personal password or any other kind of abuse relating to access to the service, papagei.com reserves the right – notwithstanding any right to extraordinary termination of contract and/or assertion of a damages claim – to suspend access temporarily or permanently.
4. Termination of Contract / Cancellation
4.1 Contracts are concluded for an indefinite period of time. A contract will be renewed automatically if the user fails to cancel it. Prices and contract terms are indicated at www.papagei.com/en/shop.
4.2 The term of notice amounts to 14 days before the expiry of the contractual period.
4.3. For contracts limited in time (e.g. “6 months language package”) a cancellation on the part of the customer is not necessary; they expire automatically. Likewise, a redeemed (voucher) code limited in time does not need to be cancelled, it expires automatically as well.
4.4 Account deletion/cancellation: Services offered free of charge may be cancelled by the customer at any time by deleting their account (see also 2.4 of these GTC). papagei.com may terminate any such service without notice as well.
You can terminate your fee-based contracts at papagei.com by sending an informal message with your termination request to the papagei.com service team in accordance with the effective periods of notice.
Please use the email address you have signed in with on papagei.com so that we can assign your request to the correct customer account.
As a matter of course, after examination and completed cancellation, you receive a separate confirmation stating the expiry date for the use of your product.
4.5 A basic user, that is a user using papagei.com free of charge, need not cancel the service.
4.6 The right to extraordinary cancellation for cause remains unaffected.
4.7 After your contract is terminated, your user account will be deleted.
5. Automatic Extension of Contract
If a fee-based contract is not cancelled with notice as per 4.2 above, it will be extended by the term defined in the contract without any notification.
Prices are quoted including VAT.
7. Payment Modes and Terms
7.1 Purchase prices are due upon order placement in the supplier’s web shop. According to the supplier’s offer, the following modes of payment are available: direct debit, credit card, PayPal or against open account; the latter is not available to customers who are consumers.
7.2 Amounts due are settled either by direct debit, by charging the customer’s credit card or by PayPal. Credit card or bank accounts will be charged upon completion of the order. Debiting or collection in case of contract renewals will be realized at the beginning of a billing period. Billing periods have duration of one month.
7.3 Payments are processed along the lines of order-related data processing according to § 11 BDSG by the external service provider payone GmbH (payone) and our order and processing management partner Nexnet GmbH (Nexnet) , whose General Terms and Conditions apply in addition to these General Terms and Conditions and can be looked at here:
7.4 If debiting is not successful, papagei.com reserves the right to suspend access to the service temporarily or permanently. If the outstanding amount has accrued over at least two billing periods (see 7.2), papagei.com has cause for extraordinary termination of contract.
If in direct debiting there is a return debit note, customers will be charged an additional fee of €10.00 for administrative costs and banking fees. In case of payment by credit card, the fee will be €25.00 in case of unsuccessful debiting.
7.5 Voucher codes or codes for product activation
The user may make use of a voucher code/code for a complete language package in a specific language for a predetermined period of time.
Voucher codes are valid for a limited period of at most 12 months.
Voucher codes may be applied in 2 ways.
1. Initially, if the user redeems a voucher code for a language package for the first time. After the voucher code expires, the package will become subject to a contract concluded for an indefinite period of time (see 3.1).
2. If the user is already in a contract concluded for an indefinite period of time, the voucher code will be effective after that contract’s term ends.
7.6 Invoicing is carried out electronically by email as text or in pdf format by the payment service provider commissioned by papagei.com. There will be no hard-copy invoice.
7.7 PayPal is not available as payment mode for products with automatic renewal in Germany and China.
7.8 Direct debiting is only available for Germany, Austria and the Netherlands.
8. Agreement on Coverage of Costs
Should you exercise your right of withdrawal, you have to cover the costs for returning the shipment provided the goods delivered match the goods ordered and the price of the goods to be returned does not exceed €40 or if you have not yet made payment or partial payment as per your contract. Otherwise, return shipment is free of charge.
9. Reservation of Ownership
9.1 Until paid in full, the goods remain the supplier’s property. Should the customer fail to make payment until 10 days past the due date, the supplier may withdraw from the contract and have the goods returned to him.
9.2 If considered an entrepreneur, the customer is entitled to resell the goods subject to the reservation of ownership in the normal course of business. In that case, however, the customer hereby cedes to the supplier all claims from such a resale in the amount of the supplier’s claims, regardless of whether the resale is concluded before or after the goods delivered and subject to the reservation of ownership are processed. Regardless of any right of the supplier to collect the claims themselves, the customer is still entitled to collect the claims after ceding them. The supplier agrees not to collect the claims as long as and in the amount that the customer makes payment provided they have not filed for bankruptcy or similar proceedings and no cessation of payments is in effect. Should the securities mentioned above exceed the supplier’s claims by more than 10%, the supplier is required to release securities as they see fit at the request of the customer.
10. Shipment Terms
10.1 The supplier ships goods as per the arrangements made between them and the customer. Shipping costs are indicated in the product description and will be stated separately in the invoice by the supplier.
10.2 Should the supplier fail to ship the goods or fail to ship the goods as contractually agreed, the customer is required to set a grace period in which the supplier has to ship. Otherwise, the customer will have no right to withdraw from the contract.
11. Consumers‘ Right of Withdrawal
Customers who are consumers have a right of withdrawal. See the Cancellation Right for prerequisites and legal consequences.
12.1 Should the goods delivered be faulty, the customer, if they are an entrepreneur, is entitled by law to demand remedy in the form of removal of defects or delivery of goods that are not faulty. The supplier may choose the mode of remedy as they see fit. If the supplier fails to provide remedy, the customer is entitled to reduce the purchase price or withdraw from the contract. Any right to warranty is conditional on the customer’s fulfilling their obligation to inspect and object according to § 377 HGB.
12.2 Should the goods delivered be faulty, the customer, if they are a consumer, is entitled by law to demand remedy, withdraw from the contract or reduce the purchase price.
12.3 Warranty claims for goods delivered will lapse – except for damages claims – after twelve months after receiving the goods for entrepreneurs and two years after receiving the goods for consumers.
13. Limitation of Liability
13.1 The supplier is liable for intent and gross negligence. Also, they are liable for the negligent violation of obligations the fulfilment of which is a prerequisite for fulfilling the contract in the first place, whose violation endangers the object of the contract and whose fulfilment can be reasonably expected by the customer. In the latter case however, the supplier can only be held liable for foreseeable damage typical for the contract. The supplier is not liable for minor negligent violations of any obligations other than the ones indicated above. The above limitations of liability do not extend to loss of life or injury to body or health. Liability as regulated by the Product Liability Act remains unaffected.
13.2 At the present state of technology, data transfer over the internet cannot be guaranteed to proceed without interference and/or to be available permanently and without interruption. In those terms, the supplier is not liable for providing permanent and uninterrupted access to their online commercial system.
14. Intellectual Property (Copyright, Rights to Trademarks and Names, Other Rights)
14.1 papagei.com’s products are protected by the legal provisions relating to intellectual property (in particular copyright, but also rights to trademarks and names and other rights). Content is restricted to personal, non-commercial use and only within the scope of direct access to the internet service. Any illegal reproduction, distribution, public presentation and/or making available to the public as well as any other violation of the law will result in papagei.com taking civil action or, if applicable, initiating criminal prosecution. In particular, any reproduction and/or storage and offline use bypassing the internet service’s technical infrastructure is not permitted.
14.2 The company name papagei.com as well as the logo are protected by legal provisions pertaining to trademarks and names. Their use is conditional on papagei.com’s written consent.
15. Linking to Third Parties‘ Websites
papagei.com has no influence on and is not responsible for content on third-party websites linked to or embedded in some other way. Note that operators of such websites may have instated their own General Terms and Conditions.
16. Data Protection
17. Final Provisions
17.1 These General Terms and Conditions may be subject to change at any time. papagei.com will immediately notify you of changes by email. You are considered to agree with those changes should you fail to object to them within six weeks after being notified by contacting papagei.com, Lister Str. 17, 30163 Hannover, Germany in writing, by email to widerspruch(at)papagei.com or fax to +49 511 39060-150. Should you object papagei.com is entitled to terminate your contract with immediate effect. If you have made any payments for services to be provided after the termination takes effect, they will be refunded.
17.2 Changes or additions to these terms and conditions must be in writing. This also applies to rescinding the provision that changes must be in writing.
17.3 The place of fulfilment for services provided by the supplier is their place of business if the customer is an entrepreneur.
17.4 The place of jurisdiction for any legal action arising from the contractual relationship, including its existence, is the supplier’s place of business if the customer is an entrepreneur. If the customer is a consumer and has no place of jurisdiction within the Federal Republic of Germany or takes up residence abroad after concluding the contract or has no known residence at the commencement of proceedings, the place of jurisdiction for any legal action will be the supplier’s place of business.
17.5 This contract is subject to German law, specifically BGB and HGB (if the customer is an entrepreneur), and excludes the UN’s Sale of Goods law. Binding laws of the state where the customer, if they are a consumer, has residence remain unaffected.
17.6 We store the text of the contract and submit your order information to you by email. You can look at the GTC anytime www.papagei.com/en/gtc. Your order information is not accessible on the internet for security reasons.
17.7 Should any provision of these GTC be or become void, the validity of all other provisions will remain unaffected. Both parties agree to replace the void provision by whatever valid clause comes closest to the intended economic purpose of the void provision.
17.8 In case of doubt, the German version of the General Terms and Conditions applies: please find it here.
Version as of: 14th July, 2016