General Terms and Conditions
General Terms and Conditions of BlackBoard – The Roots of Human Performance (GmbH & Co. KG)
- Formation of contracts
- The items offered on our homepage only represent a non-binding invitation to order.
- A valid purchase contract shall only materialise with the order and our emailed order confirmation.
- The Customer shall indicate their name, customer data and the desired order quantity in the Sale column. You can enter a different delivery address in the Comments section. By clicking the Order now button, the Customer submits a binding offer.
- The contract will only become valid when the Customer receives an emailed confirmation and order acceptance.
- If the goods cannot be shipped due delivery difficulties, no confirmation will be sent and therefore no valid contract will be concluded.
- Your order’s contract text will be stored within the framework of the statutory provisions.
- Retention of title
- The delivered goods shall remain the property of “Blackboard – The Roots of Human Performance” until payment has been completed.
- We reserve the right to ownership of the delivered goods with respect to entrepreneurs until complete settlement of all claims arising from an ongoing business relationship.
- Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider hereby provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are set out in paragraph (2). Paragraph (3) contains a sample cancellation form.
Right to withdraw consent
You have the right to cancel this contract within fourteen days without giving any reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party you have designated other than the carrier have taken possession of the goods.
To exercise your right of withdrawal, you must notify us through a clear declaration (e.g. through a letter sent by post, a fax, telephone call or an e-mail) of your decision to cancel this contract. You can use the enclosed sample cancellation form for this purpose, although this is not mandatory.
To comply with the cooling-off period, you only need to send the cancellation notice prior to the cooling-off period’s expiration.
Effects of withdrawal
If you cancel this contract, we shall immediately refund to you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery type different from the low-priced standard delivery we offered), within at most fourteen days from the date when we receive notice of your cancellation of this contract. We shall reimburse you through the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise, and in no event shall you incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the cancellation of this contract at the latest. The deadline shall be met if you return the goods before the fourteen day – period has expired.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods not necessary for the verification of the goods’ quality, characteristics and functioning.
(2) The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose manufacture an individual selection or instruction by the consumer is essential or which are clearly tailored to the consumer’s personal requirements.
The right of withdrawal will also lapse in contracts for the delivery of digital content not on a physical data carrier even if the entrepreneur has begun the execution of the contract after the consumer has expressly agreed to the entrepreneur beginning the contract’s execution before the withdrawal period’s expiry, and has confirmed its awareness of the fact that it loses its right of withdrawal through its consent upon the start of the contract’s execution.
(3) In accordance with statutory provisions, the provider hereby supplies the following information on the sample cancellation form:
Sample cancellation form
(Please complete this form and return it if you wish to cancel the contract).
Blackboard GmbH & Co. KG
Merowinger Straße 56
— I/We (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for paper notifications)
(*) Delete as applicable
Cancellations can also be effected by telephone:
Tel: +49 (0) 176 243 710 92
- Prices, shipping costs, return shipping costs
- The prices are final prices in euro. Single shipping within Germany costs 4.90. We charge shipping costs of 6.90 for orders of 2 and more boards. Deliveries to other European countries cost 6.90 or 8.90.
- For delivery abroad, depending on the item, customs and other fees, as well as taxes in the recipient country may be added. These costs shall be borne by the Customer and must be paid directly to the competent authorities.
- The Customer shall pay the return shipping costs in the event of a cancellation.
- Payment terms
- You will receive our bank details in the confirmation email. Alternatively, payment can be made by bank transfer or PayPal. The invoice amount shall be transferred to our account within 7 days.
- If the payment due date is determined according to the calendar, then the Customer shall be deemed in default by the sole fact of the failure to pay by the deadline. In this event, it shall pay us annual default interest of 5 percentage points above the base interest rate. If the Customer is an entrepreneur, the default interest shall be 9 percentage points above the base interest rate.
- Liability for defects shall be governed by statutory guidelines. The limitation period is two years and shall start to run with the delivery of the goods.
- For entrepreneurs within the meaning of Section 14 of the German Civil Code, the warranty period is one year beginning with the delivery of the goods.
- If the Customer is an entrepreneur, defects must be reported to us in writing immediately, at the latest within two weeks of delivery, in order to maintain the Customer’s claims for defects. The defective items shall be kept ready for our inspection in their condition at the time of the defect’s discovery.
- Additional guarantees concerning the goods we supply only exist if expressly given in the respective item’s order confirmation.
- Claims of the Customer for damages are excluded. Excluded from this are claims for compensation on the Customer’s part arising from death, physical injury or illness or from the breach of essential contractual obligations (material obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty on our part or that of our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the contract’s object.
- In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for compensation on the Customer’s part arising from death, physical injury or illness.
- The restrictions of clauses 1 and 2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them. However, the limitations of liability shall not apply if we fraudulently concealed the defect or assumed a guarantee for the item’s quality. The same shall apply if we and the Customer have reached an agreement on the item’s quality. The provisions of the German Product Liability Act shall remain unaffected.
- Data Protection
- You agree to the storage of personal data within the scope of the business relationship with us, in compliance with data protection laws, especially the German Federal Data Protection Act and the EU General Data Protection Regulation. Data will not be passed on to third parties unless this is necessary for the contract’s execution.
- Your rights arise in particular from the following GDPR rules:
- Article 7(3) – Right to withdraw consent under data protection law
- Article 15 – Data subject’s right of access, confirmation and provision of a copy of personal data
- Article 16 – Right to rectification
- Article 17 – Right to erasure (“Right to be forgotten”)
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right to object.
- Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 – Right to lodge a complaint with a supervisory authority
- To exercise your rights, please contact us by e-mail or contact the relevant supervisory authority in the event of a complaint.
- Dispute resolution:
- The EU platform for out-of-court online dispute resolution is available at the following Internet address: https://ec.europa.eu/consumers/odr/
- We are not prepared or obliged to participate in dispute resolution proceedings before a consumer conciliation body.
- Applicable law
- The Agreement shall be governed by German law. This choice of law only applies with respect to a consumer if it does not restrict any mandatory legal provisions of the state in which it has its residence or habitual abode.
- The remainder of the contract shall remain binding even if individual points are legally ineffective. Any ineffective points shall be replaced by statutory provisions. The contract as a whole shall become ineffective if this would represent an unreasonable hardship for one of the contracting parties.