90.10. GTC
We have been a partner of the Merchant Association since 2015.
Terms and Conditions and Customer Information 
Important note: The German version of the document will govern our relationship. This translated version is provided or convenience only and will not be interpreted to modify the German version. For the German version please see the German AGB.
I. General Term and Conditions
Section 1 Basic Provision
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (90.10. AG) via the website https://app.9010.com/. Unless otherwise agreed, the inclusion of any of your own terms and conditions will be objected to.
(2) For the purposes of the following rules, a consumer shall be any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur is any natural or legal person or partnership with legal rights that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction. 
Section 2 Formation of the contract
(1) The object of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) Your enquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent you from receiving the e-mails.
Section 3 Conclusion of the contract for download products
(1) The object of the contract is the sale of download products (digital content that is not delivered on a physical medium).
 Already with the posting of the respective download product on our website, we make you a binding offer to conclude a contract under the conditions specified in the article description.
(2) The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase will be stored in the "Shopping Basket". The corresponding button in the navigation bar allows you to access the "shopping cart" and make changes there at any time. After accessing the "Cashier" page and entering the personal data and the payment terms, all order data will be displayed again on the order overview page.
Before submitting the order, you have the option to check all information here again, to change it (also via the "back" function of the internet browser) or to cancel the purchase.
By submitting the order via the "buy" button, you declare the acceptance of the offer in a legally binding manner, thereby creating the contract.
(3) Your enquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent you from receiving the e-mails.
Section 4 License to use download products
(1) The offered download products are protected by copyright. You will receive a simple license to use each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple license to store and/or print a copy of the download product for your personal use on your computer or other electronic device.
Any further copy is prohibited. You are expressly prohibited from modifying or editing any file or parts thereof and making it available in any way to third parties, privately or commercially.
Section 5 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications for file formats must be observed.
(2) You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly insure us from all claims of third parties asserted in this connection. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness and assume no liability for errors in this respect.
Section 6 Formation of the contract for courses
(1) The purpose of the contract is to carry out courses. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) Your enquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent you from receiving the e-mails.
Section 7 Provision of services for courses
(1) The courses will be carried out in the form described in the respective offers on the agreed dates.
(2) Insofar as the course's performance depends on the number of participants, the minimum number of participants is determined by the respective offer. If the minimum number of participants is not reached, we will inform you at the latest 7 days before the start of the course in text form (e.g. by e-mail) about the non-taking of the booked course. Any services already provided will be refunded immediately in this case.
(3) In the event of cancellation of an individual event due to short-term failure of the instructor due to illness or other important reasons, the services already provided will be refunded without delay. In the case of events consisting of several event dates, in the event of cancellation of an appointment due to short-term failure of the instructor due to illness or other important reasons, the cancelled appointment will be made up on a replacement date.
(4) In connection with the use of classrooms and objects, you must comply with the local house rules. You must follow our instructions or the instructor's instructions.
Section 8 Right of retention, retention of title
(1) You can only exercise a right of retention if the claims arising from the same contractual relationship are involved.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Prior to the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will already assign to us all claims in the amount of the invoice amount that accede to you as a way of resale, we will accept the assignment. They are still authorized to recover the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed goods at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.
Section 9 Warranty
(1) The statutory liability for defects exists.
(2) As a consumer, you are asked to check the item immediately for completeness, obvious defects and transport damage upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, you shall apply by way of derogation from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon, but not other advertising, public advertisements and statements of the manufacturer.
b) In the event of defects, we shall, at our option, provide warranty by rectification or subsequent delivery. If the defect rectification fails, you can demand a reduction at your choice or withdraw from the contract. The rectification of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise stated, in particular, by the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the time limit does not apply:
- culpable damage caused to us from injury to life, body or health and in case of intentional lyrically or grossly negligently caused other damage;
- insofar as we have fraudulently concealed the defect or provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with its usual use and which have caused its defectiveness,
- in the case of statutory recourse claims that you have against us in connection with rights of defects.
Section 10 Choice of law, place of performance, place of jurisdiction
(1) Swiss law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the protection afforded by mandatory provisions of the law of the state of habitual residence of the consumer (principle of favorability).
(2) The place of performance for all services arising from the existing business relations and the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Switzerland or the EU, or if your domicile or habitual residence is not known at the time the action is brought. This shall not affect the power to bring proceedings before the court at another legal place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
90.10. AG
Blumenbergstrasse 16
3013 Bern
Switzerland
Phone: 0049-251-981156-2536
E-Mail: shop@9010.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at  https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
Die technischen Schritte zum Vertragsschluss, der Vertragsschluss selbst und die Korrekturmöglichkeiten erfolgen nach Maßgabe der Regelungen "Zustandekommen des Vertrages" unserer Allgemeinen Geschäftsbedingungen (Teil I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text is not saved by us. Before submitting the order, the contract data can be printed out via the print function of the browser or saved electronically. After receipt of the order from us, the order data, the legally required information in the case of distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data sent in text form as part of a binding offer, e.g. by e-mail, which you can print out or secure electronically.
4. Codes of conduct
We have submitted to the Buyer Seal Quality Criteria of Händlerbund Management AG and, with it, the Ecommerce Europe Trustmark Code of Conduct, available at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the goods or services
Die wesentlichen Merkmale der Ware und/oder Dienstleistung finden sich im jeweiligen Angebot.
6. Prices and payment methods
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and will be additionally borne by you, unless the free delivery is promised.
6.3. If the delivery is made to countries outside the European Union, other costs for which we are not responsible may incur additional costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions) to be borne by you.
6.4. Any costs incurred in the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU Member State but the payment has been made outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated in the case of the individual payment methods, the payment entitlements arising from the concluded contract are due for payment immediately.
6.7. Unless otherwise agreed, payment must be made on site at the latest on the course date prior to the start of the course when booking courses, otherwise there is no entitlement to participation.
7. Terms of Delivery
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is stipulated by law that the risk of accidental loss and accidental deterioration of the sold item will not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
7.3. If you are an entrepreneur, delivery and dispatch will be at your risk.
8. Statutory liability for defects
Liability for defects is governed by the "Warranty" rule in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were prepared by the lawyers of the Merchant Association, who specialise in IT law, and are constantly checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/agb-service.
Last updated: 11/19/2018
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