Terms and Conditions of the Pasani Customs Academy

Legal Notice: The only legally binding language of the T&C is German, and even though there may be translations of this document in languages other than German, the German version shall be the definitive and binding version and German shall be the only language used in the interpretation of this document.

§ 1 Scope of application

(1) These General Terms and Conditions apply to the use of e-learning courses (hereinafter referred to as “courses”) and live chats of Pasani Academy GmbH, Patrick Nieveler, Inninger Straße 21, 82237 Wörthsee (hereinafter referred to as “provider” or “Pasani”).

2) These General Terms and Conditions apply to all contractual relationships between the provider and its customers. They apply exclusively. General terms and conditions of business or terms and conditions of purchase of the contractual partner shall not apply and are hereby excluded. Contractual terms and conditions of the contractual partner shall not become part of the contract even if the provider does not expressly object to them.

§ 2 Conclusion of contract/availability of courses

(1) The presentation and advertising of course offers on our website does not constitute a binding offer to conclude a contract, but merely an invitation to the customer to submit a corresponding offer. By booking a course via our website and clicking on the button “order with obligation to pay”, you are placing a legally binding order. You are bound to the order for a period of 2 weeks after placing the order. Any existing right of cancellation in accordance with § 3 remains unaffected by this.

(2) The provider endeavours to ensure the availability of the courses offered. Nevertheless, it cannot be guaranteed that all of the courses offered will be available at the time of your order. If the provider is unable to process or fulfil the customer’s order, it may be rejected without giving reasons, in which case the provider will inform the customer accordingly; any payments made for the specific order will be refunded.

(3) An order placed by the customer constitutes an offer to the supplier. A contractual relationship is only established when the supplier accepts the order.

§ 3 Right of cancellation

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), you have a right of cancellation in accordance with the statutory provisions.

(2) The details of the right of cancellation can be found in our cancellation policy.

§ 4 Access to the course programmes

(1) Immediately after conclusion of the contract, the customer shall receive a user name and a password for access to the selected courses. The access data is only valid for the customer and therefore only for one user, unless expressly agreed otherwise.

(2) The customer may only use the course programme in an appropriate manner. In particular, he shall keep his user name and password for access to the course offer secret, not pass them on, not tolerate or allow them to be known and take the necessary measures to ensure confidentiality and report this to the provider in the event of misuse or loss of this information or suspicion thereof.

(3) The customer is responsible for creating the technical requirements (hardware, software, internet connection, etc.) for the use of Pasani’s offer and bears the costs for this. Upon request, the provider will provide the customer with the technical requirements for the use of the offer.

(4) If the provision of the contractual services is disrupted by circumstances for which the provider is responsible, the customer must notify the company of this. Such services shall be rectified without delay. If the provider fails to provide a service in accordance with the contract even after the expiry of a reasonable period following a justified complaint, the customer may withdraw from the contract; in this case, any amount already debited shall be credited back to the customer.

§ 5 Contractual content

(1) With Pasani Academy GmbH (platform), the provider offers the user information on the topics of customs, export control and excise duties, which are conveyed in the form of video courses. Some of this content is freely accessible to everyone, whereby these GTC also apply to this content that can be accessed by everyone. User registration is required for certain content. The user accepts the validity of the relevant terms and conditions by accessing the content or registering on the platform.

(2) The content of the courses shall be defined in the service description, which shall also specify the agreed nature of the course. The Provider is authorised to change, restrict or replace the content of the courses and to modify the content of modules appropriately, in particular to reduce or expand them appropriately. If such a change leads to a significant restriction of a course available to the customer, the customer shall be entitled to terminate the contract without notice. The right of cancellation can be exercised within a period of 4 weeks from the occurrence of the significant restriction.

(3) The user has no right to individual instruction or to monitoring of his learning success by the provider.

(4) The platform is not directed at persons in countries that prohibit the provision or retrieval of the content posted on it. Each user is responsible for informing themselves about any restrictions before accessing these websites and for complying with them. In particular, users from such countries may not assert any claims against the provider and must indemnify and hold the provider harmless for any third-party claims arising from accessing the content of the platform.

(5) The provider expressly offers neither tax advice, legal advice, nor any other binding advice or recommendation. The content offered is for training purposes only and is to be understood as practical tips. If the names of products or similar are mentioned, these serve merely as illustrative examples. Under no circumstances are purchase recommendations, sales recommendations or other instructions for action given.

(6) The provider shall eliminate disruptions and impairments that significantly affect the use of the service as quickly as possible. The provider shall make every reasonable effort to keep the service accessible. However, the user has no claim to constant availability and freedom from disruption of the platform.

§ 6 Contract term, cancellation

(1) The contract period is one year from the provision of the course material in the form of video streams or downloads.

(2) The right of the parties to terminate the contractual relationship by extraordinary cancellation for good cause shall remain unaffected by Section 4.1. The Provider shall be deemed to have good cause in particular if

a) if the customer violates material provisions of these General Terms and Conditions despite a warning, and/or

b) the customer is in default of payment of the contractually owed remuneration to a not insignificant extent.

§ 7 Right of use

(1) The content provided by the Provider is protected by copyright. Within the framework of the licence agreement, the customer receives a simple, non-transferable right to use the course material, limited in time to the duration of the licence agreement.

(2) The right of use includes the retrieval (screening, download) of the course material on a data-processing device for personal learning purposes.

(3) The use of the course material for purposes other than one’s own learning purposes is not permitted. In particular, commercial use (sale, rental, other transfer for third-party use) is prohibited. The customer’s right of use does not include the legal right to make a copy in accordance with § 53 UrhG.

(4) The provider shall take technical measures to prevent use beyond the contractually authorised scope. The customer is expressly prohibited from circumventing or overcoming such technical measures of the provider.

§ 8 Liability for defects

(1) A material defect exists if the services of the provider do not have the confidential quality and the suitability for contractual use is thereby cancelled or reduced. An insignificant limitation of suitability shall not be taken into account.

(2) The provider does not guarantee that the information provided in the courses is correct, up-to-date or usable or that the training will lead to the desired success for the customer. In this respect, any liability on the part of the provider is excluded.

(3) The provider does not guarantee that interactive processes will reach the customer correctly and that the dialling-in process via the Internet is guaranteed at all times. Furthermore, the provider does not guarantee that the data exchange will take place at a certain transmission speed.

(4) The provider also assumes no liability for data security outside its sphere of control. Also excluded from the warranty are faults resulting from defects or interruptions of the customer’s computer or the communication channels from the customer to the server.

(5) In the event of slight negligence, the provider shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation). This limitation shall not apply in the event of injury to life, limb or health. The provider is not liable for other damages caused by slight negligence due to a defect in the service offer.

(6) Irrespective of any fault on the part of the supplier, its liability in the event of fraudulent concealment of a defect attributable to it or arising from a guarantee assumed by it shall remain unaffected.

(7) The provider is also responsible for the impossibility of the service offer occurring by chance during its delay, unless the damage would also have occurred if the service offer had been provided on time.

(8) The personal liability of the legal representatives, vicarious agents and employees of the provider for damages caused by them through slight negligence is excluded.

§ 9 Final provisions

(1) All disputes arising from or in connection with a contractual relationship that is subject to these GTC shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of such standards that lead to the application of a law other than German law.

(2) The exclusive place of fulfilment is Wörthsee, Germany. The courts with jurisdiction for Wörthsee are agreed as the competent courts.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The parties undertake to agree a valid provision that comes as close as possible to the invalid provision(s).

(4) The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 01/09/2023