General Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Liability
9. Redemption of Campaign Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Place of Jurisdiction
13. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company creative-depot P&D GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or telephone.

2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacy-full?locale.x=en_DE. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The English language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .

4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.4 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..

4.5 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction.

5) Shipment and Delivery Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller's place of business. In this case shipment costs will not be charged.

5.4 Vouchers will be provided to the Client as follows:

- by e-mail

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

7.2 If the Client acts as trader

• the Seller may choose the type of subsequent performance,
• for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
• for used goods, the rights and claims for defects are excluded,
• the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

• to claims for damages and reimbursement of expenses of the Client,
• if the Seller has fraudulently concealed the defect,
• for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

7.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• due to a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Client can regularly rely.

8.3 Otherwise, liability on the part of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.

9) Redemption of Campaign Vouchers

9.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.

9.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

9.3 In case of an order, several campaign vouchers can be redeemed.

9.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

9.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

9.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

9.7 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

9.8 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

10) Redemption of Gift Vouchers

10.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.

10.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.

10.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

10.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

10.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

10.7 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

11) Applicable Law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.

11.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

12) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

13) Alternative dispute resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

Terms and Conditions for Workshops

Table of Contents

1. Scope, Definitions
2. Services provided by the Organizer
3. Conclusion of Contract
4. Right of Withdrawal for Consumers
5. Prices and Payment Terms
6. Eligibility to Participate, Transfer of Contract
7. Failure to Reach the Minimum Number of Participants
8. Changes to or Cancellation of the Event
9. Course Materials
10. Liability
11. Applicable Law
12. Place of Jurisdiction
13. Alternative Dispute Resolution

1) Scope, Definitions

1.1 These General Terms and Conditions (hereinafter "Terms") of creative-depot P&D GmbH (hereinafter "Organizer") apply to all contracts for participation in courses/seminars (hereinafter "Event") concluded between a consumer or business (hereinafter "Customer") and the Organizer regarding the events presented on the Organizer's website. Any conflicting terms and conditions of the Customer are hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 A business within the meaning of these Terms is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Services provided by the Organizer

2.1 The Organizer offers both online and in-person events. The content of the Event is set out in the respective course description on the Organizer's website.

2.2 For online events, the Organizer provides its services exclusively in electronic form via online video transmission using suitable technical means. For this purpose, the Organizer will provide the Customer with suitable application software prior to the start of a video transmission, and may also use the services of third parties for this purpose. To participate in the online video transmission without errors, the Customer's system must meet certain minimum requirements, which will be communicated to the Customer on the Organizer's website. The Customer is responsible for compliance with these system requirements. The Organizer is not liable for technical problems resulting from inadequate system requirements on the Customer's side.

2.3 For in-person events, the Organizer provides its services exclusively in personal contact with the Customer and in premises selected by the Organizer for this purpose. Unless otherwise stated in the Organizer's course description, the Customer has no right to choose a specific venue for the desired Event.

2.4 The Organizer provides its services through qualified personnel selected by the Organizer. The Organizer may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Organizer's course description, the Customer has no right to choose a specific person to conduct the desired Event.

2.5 The Organizer provides its services with the greatest care and to the best of its knowledge and belief. However, the Organizer does not guarantee a specific result. In particular, the Organizer does not warrant that the Customer will achieve a specific learning outcome or reach a specific performance goal. This depends not least on the Customer's personal effort and motivation, over which the Organizer has no influence.

3) Conclusion of Contract

3.1 The events described on the Organizer's website do not constitute a binding offer by the Organizer, but rather serve to invite the Customer to submit a binding offer.

3.2 The Customer may submit their offer via the online registration form provided on the Organizer's website. By entering their data into the registration form and clicking the button that completes the registration process, the Customer submits a legally binding contractual offer relating to the selected Event. The Customer may also submit the offer by email or by telephone to the Organizer.

3.3 The Organizer may accept the Customer's offer within five days,

• by sending the Customer a written registration confirmation or a registration confirmation in text form (fax or email), whereby the receipt of the registration confirmation by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has submitted their contractual declaration.

If several of the aforementioned alternatives occur, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Organizer does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent. The same applies if the Event selected by the Customer begins before the acceptance period expires and the Organizer does not accept the Customer's offer at least 24 hours before the start of the Event, unless otherwise agreed between the parties.

3.4 In the case of registration via the Organizer's website, the contract text is stored by the Organizer after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been submitted. The Organizer does not make the contract text accessible beyond this.

3.5 Before submitting a binding offer via the Organizer's online registration form, the Customer may correct their entries at any time using the usual keyboard and mouse functions.

3.6 German is available as the language for concluding the contract.

3.7 If the Customer registers additional participants for an Event, the Customer undertakes to also be responsible for the contractual obligations of all participants registered by them, provided they make a corresponding declaration at the time of registration.

4) Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Organizer's withdrawal policy.

5) Prices and Payment Terms

5.1 Unless otherwise stated in the Organizer's offer, the prices quoted are total prices that include statutory value-added tax.

5.2 Costs for travel, accommodation, and meals for in-person events are not included in the price and must be borne by the Customer, unless otherwise stated in the Organizer's course description.

5.3 Payment options will be communicated to the Customer on the Organizer's website.

5.4 If payment in advance by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

5.5 If payment is made using a payment method offered by PayPal, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Eligibility to Participate, Transfer of Contract

6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the Organizer.

6.2 If a third party enters into the contract between the Customer and the Organizer, the third party and the Customer shall be jointly and severally liable to the Organizer for the participation fee and any additional costs arising from the third party's entry into the contract.

7) Failure to Reach the Minimum Number of Participants

7.1 The Organizer may determine a minimum number of participants for its courses. If a minimum number of participants is determined, the Organizer will expressly state this in the course description.

7.2 If the minimum number of participants is not reached, the Organizer may withdraw from the contract by declaration to the Customer no later than seven days before the start of the course. The Organizer will send the Customer its declaration of withdrawal without undue delay after becoming aware that the required number of participants has not been reached, and no later than seven days before the start of the course.

7.3 If the Organizer exercises its right of withdrawal pursuant to the preceding clause, the Customer may request participation in another event of at least equivalent value, if the Organizer is able to offer such an event from its range without any additional cost to the Customer. The Customer must assert this request immediately after receiving the Organizer's declaration.

7.4 If the Customer does not exercise their right under the preceding clause, the Organizer will refund any participation fee already paid by the Customer without undue delay.

8) Changes to or Cancellation of the Event

8.1 The Organizer reserves the right to change the time, place, instructor, and/or content of the Event, provided that the change is reasonable for the Customer, taking into account the interests of the Organizer. Only insignificant changes to the service that become necessary after the conclusion of the contract and were not made by the Organizer in bad faith are deemed reasonable. The Organizer will inform the Customer in good time of any change to the time, place, instructor, and/or content of the Event.

8.2 In the event of a significant change to the service, the Customer may withdraw from the contract free of charge or instead request participation in another event of at least equivalent value, if the Organizer is able to offer such an event from its range without any additional cost to the Customer.

8.3 The Customer must assert the rights under the preceding clause immediately after being informed by the Organizer of the change to the service.

8.4 The Organizer is entitled to cancel the Event at short notice for good cause, such as force majeure or illness of the instructor, with full reimbursement of any participation fee already paid. In the event of cancellation, the Organizer will endeavor to find a replacement date.

9) Course Materials

9.1 The Organizer holds all rights of use required to conduct the Event. This also applies to any materials that may be provided to the Customer in connection with the Event.

9.2 The Customer may only use the content of the Event, including any materials provided, to the extent required by the purpose of the contract as understood by both parties. Without the separate permission of the Organizer, the Customer is in particular not entitled to record the Event or parts thereof, or to reproduce, distribute, or make publicly available any materials.

9.3 For online events, course materials (e.g., documents) will be made available to the Customer exclusively in electronic form by email or for download. Unless otherwise agreed, the Customer has no right to receive the materials in physical form.

10) Liability

The Organizer is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

10.1 The Organizer is liable without limitation, on any legal basis,

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise provided in this regard,
• on the basis of mandatory liability, such as under product liability law.

10.2 If the Organizer negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Organizer in light of its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely.

10.3 Otherwise, liability of the Organizer is excluded.

10.4 The above liability provisions also apply with regard to the Organizer's liability for its agents and legal representatives.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Organizer's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Organizer's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Organizer is in any case entitled to bring proceedings before the court at the Customer's place of business.

13) Alternative Dispute Resolution

The Organizer is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.