General Terms and Conditions

of Fischer Academy GmbH, Heinrichstraße 86 in 07545 Gera (hereinafter referred to as "FA")

1. Scope of Application / Contact
These terms and conditions apply to everything between FA (also referred to as "we" or "us") and yourself as our customer (hereinafter as "you") on our German-language web page www.fahrschulfernsehen.de (hereinafter also "website") closed contracts. Decisive is in each case, the valid version of the terms and conditions at the conclusion of the contract.

2. Conclusion of contract
(1) We do not make a binding offer for sale of certain products or services, with the presentation and promotion of goods and services on our web page. By clicking the order button, you hand in your offer. You will then receive an order confirmation which includes these terms and conditions. The contract will be offered exclusively in the German language.

(2) Legally relevant declarations and notifications which you give to us, are required in writing (§ 126b BGB).

3. Services of FA
(1) You will have the right to access our entire film pool, as shown on our website, and will be able to watch the individual films, all this on the basis of a fixed term of a three, six or twelve month limited contract. You acknowledge and agree that the nature and extent of the films that are available in our pool, are subject to change.

(2) Unless otherwise explicitely agreed between you and us, you only have a single non-transferable, non-sublicensable license ("Named User" license) to watch the movies for your own private educational purposes.

(3) We will activate your account immediately after payment of the toal amount and inform you of your temporary password.

4. Prices and shipping costs
Prices of goods and services are determined by the valid prices when ordering from our web page. Unless indicated otherwise, all prices are given in euros. These are gross prices inclusive of statutory value added tax (VAT).

5. Terms of payment
(1) The price to be paid is to be paid immediately after the conclusion of the contract for the entire contract period (three, six or twelve months) in advance.

6. Right of withdrawal and information on the practice of the right of withdrawal

TERMS OF WITHDRAWAL

Right of withdrawal
You have the right, to withdraw this contract, within fourteen days without giving reasons. The withdrawal perions is fourteen days from the date ag
- of conclusion of contract (in the case of a service contract),
- in which you or a named representative of a third party, that is not the promoter, has taken possession of the last goods.

To exercise your right of withdrawal, you have to

Fischer Academy GmbH
Heinrichstraße 86
07545 Gera
Telefax: +49 (0)3 65 – 34 173
E-Mail: info@fahrschulfernsehen.de

by way of an explicit declaration (eg. by postal letter, fax, or E-Mail) of your decision to withdraw from this contract. We will get back to you without delay (for ex. via email) in acknowledgemet of the receipt of the withdrawal. To meet the withdrawal deadline, it is sufficient that you send your message concerning the right of withdrawal before the withdrawal period.

Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments that we have received from you, including the shipping costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, and have chosen the most low-priced standard shipping) to repay immediately and at the latest within fourteen days from the date in which the notification of your cancellation of this contract with us has been received. For this repayment, we will use the same method of payment that you have used in the original transaction, unless an explicit agreement has been extablished with you. In any case, you will not be charged in any way for this repayment. We may withhold reimbursement, until we have received the returned good, or until you have proven that you have returned the goods, whichever is earlier. You have to return the goods immediately and in any case not later than fourteen days from the date in which you inform us of any cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days. You bear the direct costs of returning the goods. You only need to pay for any diminished value of the goods, where the value loss is due to a necessary nature, characteristics and functioning of the goods handling. If you have required that the services begin during the withdrawal period, you would have to pay us a reasonable amount equivelant to the proportion of used services from us, up to the point in which you have informed us of your right of withdrawal of this contract, that correlate with the complete extent of the intended services of this contract. The right of withdrawal, unless the parties have agreed otherwise, does not consist of accomodation for purposes other than for residential purposes with contracts for the provision of services in the fields, transport of goods, vehicle rental, delivery of food and beverages as well as provision of other services related to leisure activities, if the contract provides for a specific date or period (§ 312g paragraph 2 Nr. 9 BGB).

End of Terms of Withdrawal

7. Liability
(1) Customer claims for compensation are excluded insofar as nothing else has been determined. The above disclaimer also applies to our legal representatives and vicarious agents, provided the customer claims against these.

(2) Excluded from the paragraph specified in the preceding disclaimer are claims for damages due to injury to life, body, health, and claims for damages from the breach of contract. Material contractual onligations are those where their performance to achieve the objective of the contract is necessary. From the disclaimer is also the liablity for damage caused by an intentional or grossly negligent breach of duty by us, our legal representatives or agents excluded.

8. Special conditions
(1) The use of a subscription requires your username (your E-Mail address) and your password.

(2) Duration and terminability

  • Each contract runs for a period of three, six or twelve months and ends after this time without further notice. Your access will then be blocked.
  • Both parties have the right to cancel the subscription at the availability of an important reason with immediate effect. An important reason exists in particular if you allow third parties to watch our films and/or to download and/or save them.

(3) Service license
The above granted license under Nr.3 will end upon the termination of contract.

(4) Your user account

  • You are obligated to watch our films on your own and not to download or save the films.
  • You are obligated to choose a password that cannot be easily guessed by others and that does not consist of words, or a combination of words that can be found in dictionaries. You have to keep your password confidential and may not inform a third party of it.
  • You are liable for all damages that third parties make with your username and password, if these have been caused by the fact that you have neglected the confidentiality of your password in a negligent manner.
  • If we have reason to believe that your account has been abused or fraudulently used or that is being used in violation of these terms and conditions, we have the right, upon reasonable notice per E-Mail, to terminate or disable your account until the matter has been resolved. This has no impact on your payment obligations.

9. Transfer
We are entitled to transfer every contract to a third party.

10. Severability clause
If any regulation of this Agreement, including the regulations of these terms and conditions are to be ineffective, be declared invalid and/or are not enforceable, this regulation will so far be permitted and replaced by a regulation closest to the commercial purpose of the original regulation. Otherwise the contract will not be affected.

11. No liability for the contents of other web pages
As far as we refer to other, external pages ("Links") on our pages, the following applies: We have no influence in regard to the content and design of these pages. We also do not turn the content of linked sites into our own. This applies to all links contained on our web page of third party web pages.

12. Property rights
FahrschulFernsehen.de „fahrenlernen einfach online“ is a registered protected title, published on No. 1215, Week 13, March 24th in text:

FAHRSCHULFERNSEHEN.DE - LEARNING TO DRIVE SIMPLY ONLINE

in all notations, word combinations, graphic designs, forms of presentation, title combinations for literature, seminar events, picture, audio, data and video carriers of all kinds, software products, film, television, radio, electronic, audiovisual and digital media, merchandising in any form, as well as printed material, CD-ROM, CD-I, offline and online services, other online media and all multimedia products.

Represented by:

Patent attorneys Meissner Bolte, Geschwister-Scholl-Straße 15, 07545 Gera

13. Place of performance, applicable law, court of jurisdiction
(1) To the extent permitted by law, the place of performance and place of payment shall be our office in Gera.

Online out of court dispute resolution of the EU Commission
The European Commission provides a platform for online dispute resolution. You can find the platform under http://ec.europa.eu/consumers/odr/.