General Terms and Conditions
of DeYuCo GmbH, registered in Meerbusch/Germany and of DeYuCo Inc., registered in Miami, Florida / USA
1 General provisions – area of validity
1.1 For customers within the European Union your contract partner is DeYuCo GmbH, Moerser Str. 91, 40667 Meerbusch, Germany, Managing Director: Dr. Claus Kobusch, Email: firstname.lastname@example.org, Tel.: +49 2132 99 55 023, registered at Amtsgericht Neuss HRB 14476, VAT-ID: DE 257860404
1.2 For customers outside the European Union your contract partner is: DeYuCo Inc., 444 Brickell Avenue, Suite 51270, Miami, Florida 33131, USA, President & CEO: Dr. Claus Kobusch, Email: email@example.com, Tel.: +1 786 623 4893
1.3 For the business relationship between DeYuCo GmbH and DeYuCo Inc. (hereinafter “DeYuCo”) and the Customer (hereinafter “Customer”), the following general terms and conditions (hereinafter “GTC”) shall be exclusively applicable in its form valid at the time of order. We will not acknowledge any adverse provisions or any customer’s provisions deviating from our GTC, unless we accepted these other provisions expressly in writing. Our GTC shall apply also in the event that we perform supply to our customer with knowledge of any customer’s provisions adverse to or deviating from our GTC, but the supply taking place without caveat.
1.4 Any and all agreements stipulated between us and the customer for the purpose of performance of this contract are fixed in these GTC and respective sales or service contracts.
1.5 You can reach our support team for any questions, claims and other questions work days during office hours (9am-5pm) under the telephone number +49 2132 99 55 023 (Europe) or +1 786 623 4893 (USA) or per email under firstname.lastname@example.org.
1.6 Within these Terms and Conditions a natural person is considered a person who enters into a legal transaction for a purpose which can be mainly attributed neither commercial nor their independent vocational activity (§ 13 BGB). These Terms and Conditions, however, also apply to commercial customers, just the right of withdrawal according to the German Telemedia Act does not apply.
1.8 We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
1.9 This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages or any downloadable material on our freely accessible pages (e.g. brochures or catalogues) of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
1.10 By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to DeYuCo from their creation. Thus, DeYuCo shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as DeYuCo determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to DeYuCo all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that DeYuCo has the right but not the obligation to use and display any postings or contributions of any kind and that DeYuCo may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
1.11 You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.
2 Offer – offer documents – conclusion of contract
2.1 The presentation of products in the online shop of our websites is not a legally binding offer, but an invitation to submit an order. Product and service descriptions in catalogs and on the websites of the seller do not have the character of an assurance or warranty.
2.2 All offers are valid”while stocks last”, ifnotstated otherwisein the products. In addition, we reserve the right for errors.
2.3 In order for a contract to be entered into between the customer and DeYuCo, the order submitted by the customer must first be accepted by DeYuCo. The customer may place his order via email, telephone, normal mail, or Internet web shops. DeYuCo accepts the order either by sending the customer an order confirmation via e-mail, or normal mail or by delivering the goods to the customer directly with all application documentation.
2.4 We reserve the property right and the copyright in any pictures, drawings, calculations or other documentations given to the customer as part of any offer or order. The customer shall be required to receive our express consent in writing prior to passing on such documents to any third party.
2.5 Our offers are subject to change without notice. Any contract shall be considered as awarded only if it was confirmed in writing or if it is being performed already. DeYuCo reserves the right, during the course of further developments, to effect changes to the products insofar as the customer can reasonably be expected to tolerate the same.
2.6 The documents belonging to the offer or contract, such as illustrations, drawings and specifications of dimensions shall only give approximate indications insofar as they are not expressly designated as binding. Oral agreements shall only become valid when DeYuCo confirm the same in writing. Offers of DeYuCo that do not include any acceptance deadline may be revoked by DeYuCo unless DeYuCo receives written confirmation of acceptance by the customer within three weeks with effect from the offer date.
2.7 In case of online order via any of our websites the customer acknowledges our GTC and payment/cancellation of contract terms and enters into a binding sales agreement when finishing the payment checkout.
2.8 Order process via our websites cart system
a) Cart: Select the products you wish to order by clicking on the “Add to Cart” button. This adds the selected product to your cart. You can change this selection until submitting your order any time, e.g. by changing the number of products, by clicking the box “Remove” to delete the selection or cancel the order process. By clicking on the “Proceed to Checkout” button you will go to the next order step.
c) Finalizing order: You get an overview of your order: the billing address, payment method and selected products. Check if all information is correct. By clicking the button “Place binding order” you will send your order to us. Herewith you give us a legally binding offer.
2.9 Sales contract saving: The text of the sales contract is saved on our server. The GTC will be send to you as attachment of the order email. All details of your order will be send to you by email and can be reviewed on our webpage in your personal account (after login).
3 Delivery periods and methods
3.1 Delivery periods and delivery deadlines shall be considered as binding only if expressly defined as binding on our confirmation of contract award.
3.2 Furthermore, our compliance with delivery obligations is subject to our customer’s timely and orderly performance of his respective duties. Neglects the customer his obligations, we reserve the right to plea of non-performance. We shall be entitled to restitution of any damage or loss including possible extra expenses, should the customer be in delay of acceptance or in the event of the customer’s faulty non-compliance with duty to cooperate. We expressly reserve the right to further claims.
3.3 The risk of accidental loss or accidental deterioration of the purchase object shall devolve upon the customer at the moment the customer is in delay of acceptance or in debtor’s delay.
3.4 Partial deliveries shall be permitted.
3.5 In case of any download of digital goods or participation in our E-Trainings there are no delivery charges. After full payment is received customers will be send an email detailing access to our goods/courses without further charges.
3.6 For registration in our seminars, workshops or webinars no additional service charges are applied.
3.7 If delivery of the goods due to the fault of the buyer fail after three tries, DeYuCo may withdraw from the contract. If necessary, payments will be refunded to the customer immediately.
3.8 If the product ordered is not available, because DeYuCo is not supplied with this product from its suppliers without fault, DeYuCo may withdraw from the contract. In this case DeYuCo will inform the customer immediately and may propose to supply a comparable product. If no comparable product is available or the customer does not wish to supply a comparable product, DeYuCo will reimburse to the customer any already paid fees.
4 Prices and payment conditions
4.1 Our prices are calculated ex works, plus package, freight, papers, postage, insurances and respectively applicable value added tax shall apply, unless differing provisions are stated in the confirmation of contract. We shall reserve the right to change the prices accordingly in the event of decrease or increase of costs after conclusion of contract, particularly due to changes in material prices. We shall submit evidence of such changes upon the customer’s request.
4.2 Our delivery invoices shall be paid purely net in advance of any delivery, unless differing provisions were stipulated.
4.3 The customer shall be obliged to make payment for the undisputedly non-defective goods, in the event that our delivery included in parts defective goods, unless the partial delivery is of no interest for the customer.
4.4 In the event that the customer should fall into payment delay upon receipt of a written reminder and/or according to § 284 III German BGB 30 days after due date and receipt of any invoice or any similar demand for payment, we shall be entitled to suspend fulfillment of our obligation until receipt of payment upon written notice. In this case we shall also be entitled to withdraw from contract upon granting of a reasonable extension of time. The amount of delay interest shall be determined in accordance with § 288 II German BGB; it shall be 8% above the base interest rate of the European Central Bank.
4.5 We shall be entitled to first set off the customer’s payments against his older debts. If we already incurred costs or interests, we shall be entitled to set off the payment first against these costs, then against the interests and finally against the main service.
4.6 In the event of the customer’s payment delay, we shall be entitled, until complete compensation of our claim, to withhold follow-up orders or partial supplies still to be delivered, revoke our consent to further selling to the customer’s end customer, take back goods supplied by us, at our discretion, up to the value of our claim. In this case, the customer shall be credited an account in the amount of the customary sale value at the moment of taking-back of the objects taken back.
4.7 Our prices indicated in our offers are the net price, excluding the respective business tax (currently 19% for orders within Germany). For customers outside of Germany the respective sales tax will be calculated according to the billing address provided.
4.8 We accept Paypal, credit card payment, bank transfer or for registered business customers payment per invoice. If third-party are charged with the payment processing, e.g. Paypal then their Terms and Conditions apply as well.
5 Costs for devolution of risk and packaging
5.1 Unless otherwise stated in the written confirmation of order, delivery ex factory shall be considered as agreed upon. Goods declared ready for delivery shall be collected by the customer immediately; otherwise we shall be entitled to deliver the goods at our discretion or to store the goods at costs customary for freight carriers and at the customer’s risk.
5.2 The risk of deterioration or accidental loss shall devolve upon the customer one week after notification of goods ready for delivery and after hand-over to the railway, the freight carrier or haulage contractor, however, not later than with exit from factory or warehouse. The choice of means of transport and of the transportation route shall be at our discretion, unless otherwise stipulated or in the event of lack of any particular instruction.
5.3 Upon the customer’s request, transportation insurance will be utilized for the delivery, at the customer’s expense.
6 Liability for damages
6.1 DeYuCo will be liable according to the respective product law. However claims not typically associated with this kind of contract will be excluded.
6.2 Technical information in advertisements, offers etc. are subject to permanent changes. Therefore, such data shall not constitute any guaranteed properties. We shall reserve the right to technical changes, deviations in dimensions, color or content of our goods, trainings and workshops as far as these changes are reasonable under consideration of the customer’s interests.
6.3 Wear and tear, third party intervention, employment of unauthorized accessories or the consequences of improper storage or utilization by the customer shall not be covered by any warranty.
6.4 The customer shall inspect the goods immediately upon receipt and notify any possible defect immediately (at present § 377 German BGB). The customer shall not be entitled to claims for defects, unless he complied with his obligation properly (at present § 377 German BGB). Did the customer fail to comply with his obligation, then the goods shall be considered as approved, unless defects could not be detected even after thorough inspection or defects were fraudulently not disclosed.
6.5 In the event of any defect existing in the object of purchase, the customer shall be entitled to choose at his own discretion either subsequent performance by way of elimination of defects or supply of a new object free of defects. Should the customer choose elimination of defects, we shall be obliged to carry any and all expenses required for such purpose, in particular transportation, freight, work and material costs, as far as these costs are not increased due to the fact, that the goods were delivered to a different place than the agreed place of performance. In the event of failure of subsequent performance, the customer shall be entitled to request withdrawal or decrease at his own discretion.
6.6 DeYuCo’s liability arising under or as a result of the provision of the Services whether in contract, tort, breach of statutory duty or otherwise is limited to the fees actually paid by the Customer to DeYuCo for such Services.
6.7 We shall be liable in accordance with statutory provisions, as far as the customer asserts claims for damages caused by intent or gross negligence of our representatives or agents. We shall be liable in accordance with statutory provisions, as far as we faulty failed to comply with any major contractual duty; however, in the cases described above our aggregate liability shall be limited to the foreseeable, typically occurring damage. It applies in particular for the so-called lost profits or other financial damages of the customer for negligence. Liability for faulty damage to life, body or health shall remain unaffected; this provision shall also apply to the statutory liability under the product liability law.
6.8 The period of statute of limitation regarding claims for defects shall be 12 months as of the moment of devolution of risk.
6.9 Any electronic and digital goods will be replaced by DeYuCo, if the customer can reasonably document the non-performance of such digital goods. However, the customer cannot claim warranty or defects if the content is not up to the customer’s wishes or expectations. Digital goods are by definition of the German Law non-refundable once transferred to the customers computer systems.
6.10 DeYuCo will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, nor for lost or wasted management time or employee time of the Customer.
6.11 Any condition, representation or warranty that might otherwise be implied or incorporated within these Terms by reason of statute or common law or otherwise is hereby expressly excluded.
7 Aggregate liabilities
7.1 Any liability for damages exceeding the provisions under section 6 shall be excluded, irrespective of the legal nature of the asserted claim. This shall in particular apply to claims for damages from faulty action on the date of contract due to other failure to comply with obligations or due to tortuous claims for replacement of damages in accordance with § 823 German BGB. This limitation shall also apply in the event the customer requests replacement of useless expenses instead of asserting a claim for damages.
7.2 Insofar as the liability for restitution of damages toward us is excluded or limited, this provision shall also apply to personal liability for damages of our employees, worker, representatives and agents.
7.3 Our digital materials, templates, graphics, training courses, training materials and any other form of consultation and service are intended as guidance only. Customers are required to apply this knowledge and guidance only with care and common sense and use them only when suitable in the appropriate situation. In particular any information given in our trainings need to be double checked for the particular situation the customer is currently in (e.g. for financial decisions or personal safety). Any liability for the wrongful usage of information and advice provided by us are hereby expressly excluded.
7.4 Our information do not claim to be complete or up-to-date, as such every customer is required to double check prior to usage of any information if there are more and maybe even contradictory information available. This is particularly true for any safety topic.
7.5 The information, products and services offered on or through our Site and by DeYuCo and any third parties are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law we disclaim all warranties of merchantability and fitness for a particular purpose. We do not warrant the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any parts of the Site, including bulletin board or the servers that make it available, are free of viruses of other harmful components.
7.6 We do not warrant or make any representations regarding the use or the results of the use of our Site or materials on the Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
7.7 You agree at all times to defend, indemnify and hold harmless DeYuCo and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
7.8 Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, the Site, including all webpages, our messaging, blogs, newsletter, downloadable digital files, comments, products, emails or service, or third-party materials. made available through the Site or by DeYuCo in any way, even if we are advised beforehand of the possibility of such damages.
7.9 You specifically acknowledge and agree that we are liable for any defamatory, offensive of illegal conduct of any user, in particular if participants of our workshops, seminars, trainings or webinars abuse the knowledge obtained in our trainings in such illegal way
7.10 If you are dissatisfied with the Site, DeYuCo’s products and services, the Sites Terms and Conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
7.11 DeYuCo is not an investment advisory service, is not an investment advisor and does not provide personalized financial advice or act as financial advisor.
7.12 DeYuCo exits for educational purpose only, and any of our products, services, materials and information contained on our Site and in any of our products are for general informational purposes only.
7.13 None of the information provided by us is intended as investment, tax, accounting or legal advice, as an offer to buy or sell, or as endorsement, recommendation or sponsorship of any security, or fund. Our information should not be relied upon for purposes of transacting in securities or other investments.
7.14 We do not offer or provide tax, legal or investment advice and you are responsible for consulting tax, legal, or financial professionals before acting on any information provided by us.
7.15 This Site is continually under development and DeYuCo makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness of any kind.
7.16 You acknowledge and agres that no representation has been made by DeYuCo or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in any or our services or by using our Site.
8 Reservation of property rights / Copyrights
8.1 We shall reserve the property rights in the object of purchase until receipt of any and all payments under the delivery contract. In the event of non-compliance with contract by the customer, we shall be entitled to take the object of purchase back. The taking back of the object of purchase includes a withdrawal from contract. We shall be entitled to make use of the object of purchase taken back; the yield from the use shall be charged up against the customer’s liabilities – minus reasonable utilization costs.
8.2 The customer shall be obliged to treat the purchase object with care; in particular, he shall be obliged to take out, at his own expense, a fire, water and theft insurance in the amount of the fixed value of the objects to be insured. Necessary maintenance and inspection works shall be carried out by the customer in due time and at his own expense.
8.3 In the event of attachment or other interventions by third parties, the customer shall be obliged to notify us immediately in writing in order to enable us to institute third party claim proceedings in accordance with § 771 German ZPO. Insofar as the third party is not able to reimburse to us the costs for the court or for the out-of-court proceedings in accordance with § 771 German ZPO, the customer shall be liable for the loss incurred by us.
8.4 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by DeYuCo infringe your copyright, you, or your agent may send to DeYuCo a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon DeYuCo actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to DeYuCo a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. DeYuCo’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: email@example.com
8.5 DeYuCo is a registered international trademark (DE 307693457). Any use of this trademark is strictly prohibited.
9 Exclusion of set-off
9.1 The customer shall be entitled to set-off only against undisputed counterclaims or counterclaims recognized by declaratory judgment.
9.2 The customer shall be entitled to set-off only as far as his counterclaims are recognized by declaratory judgment, undisputed or recognized by us. The customer shall also be entitled to withholding right insofar as his counterclaim is based on the same contractual relationship.
10 Doubtful claims
10.1 Our obligation shall be limited to step-by-step performance of the (remaining) delivery against cash payment of any and all open invoice amounts or against granting of appropriate securities, in the event, that facts become known for complete performance of delivery agreement, that give reason to anticipate loss of our payment claims.
11 Cancellation of contract
11.1 Should we be entitled to cancellation of a contract for any reason in the customer’s responsibility, the customer shall pay, apart from the consequences of cancellation, a lump sum for damages in the amount of 10% of the net value of the goods of the order including value added tax. It shall be at the customer’s discretion to produce evidence not having incurred any damage or a damage of lower value to us. The same provision shall apply to the event that the customer should intend to suspend and/or cancel the contract without authorization.
11.2 In case there are too few registrations for our seminars, trainings, workshops we reserve the right to cancel any such course. We will offer reasonable alternatives (such as in-house training), if customers refuse such alternatives we will cancel the contract and refund any already paid fee.
11.3 Contract Cancellation Right: The Customer has the right to cancel this contract within fourteen days without giving any reason. The revocation period starts fourteen days from the date on which you or a representative of yourself who is not the carrier, have taken physical possession of the goods (or in the case of seminar / webinar applications receiving our confirmation of registration). To exercise your right of cancellation, you must contact us (DeYuCo GmbH, attn. Dr. Claus Kobusch, Moerser Str. 91, D-40667 Meerbusch, Germany or DeYuCo Inc., 444 Brickell Avenue, Suite 51270, att. Dr. Claus Kobusch, FL-Miami 33131, USA respectively) by means of a clear statement (e.g. by post mail or e- mail) of your decision to withdraw from this contract. You may use the attached withdrawal form, which however is not required. In order to observe the revocation period it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal deadline.
11.4 Consequences of cancellation: If you withdraw from this contract, we refund all the payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than the standard delivery that we offer), and repay immediately latest within fourteen days from the date on which the notification is received via your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless we explicitly agreed otherwise; in any case you will be charged fees for such repayment. We may withhold the reimbursement until we have received the returned goods again, or until you have demonstrated that you have returned the goods, whichever is earlier. You have to return the goods promptly and in any event not later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the direct cost of returning the goods. You only need to pay for any diminished value of the goods, if this value loss is due to an unnecessary usage other than to ascertain the nature, characteristics and functioning of the goods.
Cancellation template (If you would like to cancel the contract then you can use the attached template, kindly fill out and send back to us)
To DeYuCo GmbH
att. Dr. Claus Kobusch
Moerser Str. 91
(Alternatively via email to: firstname.lastname@example.org)
Herewith I cancel the contract for purchasing the following products (*) / the following services (*)
Product / Service 1 (article number or description) (*)
Product / Service 2 (article number or description) (*)
Product / Service 3 (article number or description) (*)
Ordered on ___(*) / received on ____ (*)
Name : First name, last name
Address: street, postal code, city, country
Signature (in case of written letter)
(*) Cancel not necessary parts.
11.5 The revocation rights do not apply to goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed, audio and video recordings or software if the delivered data carriers have been unsealed by you, newspapers, periodicals and magazines.
11.6 The procedures in this section are not a precondition for the effective exercise of the right of withdrawal as mentioned in the section “Withdrawal”. Customers are requested before returning any goods to contact DeYuCo (Email: email@example.com or by phone: +49 2132 9955023) to announce the return. In this way they allow DeYuCo the fastest possible assignment of the products.
11.7 Customers are requested to send the goods as a prepaid package DeYuCo back and keep the mailing receipt. DeYuCo refund the customer on request the cost of postage in advance, unless they are payable by the buyer. Customers are asked to avoid damage or contamination of the product. The goods should be sent back to DeYuCo if possible in original packaging with all accessories. If the original packaging is no longer in the possession of the buyer, any other suitable packaging should be used to provide sufficient protection against transportation damage and to avoid any claims for damages because of damage due to faulty packaging.
11.8 You can cancel your registration to any seminar & webinar until four weeks before seminar/webinar start. After that a cancellation fee of 100% of the seminar costs is applied. You can transfer your seat to another person of course, who can instead of you participate in the seminar with no extra charge if you cannot attend personally.
11.9 Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties upon your explicit wish, before you have exercised your right of revocation. This concerns in particular the purchase of all kinds of digital goods (such as graphics, images, designs, templates, e-training, e-learning courses, etc.). The right of cancellation expires prematurely if your contractor DeYuCo has started the contract fulfillment with your explicit consent before the end of the revocation period or you have caused yourselves such fulfillment (e.g. by download of digital goods or participation in the electronic training and courses). Because of the impossibility to return digital goods a withdrawal from the contract is only possible if the goods have not been transferred to your computer or you did not participate in the courses/seminars yet.
12 License and rights to use
12.1 For all products and services that you purchase from DeYuCo, you get a single-user license. This license allows an individual to use our products & services. Any resale is strictly prohibited. The copyrights of all products shall remain with DeYuCo, they are not transferred to the customer. The purchase of a single-user license is only for one person, the company-wide use of our products is prohibited. If you need a company-wide license, please contact us for an offer.
- On web sites;
- In print media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile “apps”), and opt-in e-mail marketing;
- Incorporated into film, video, multimedia presentations, or advertising for broadcast, public performance
- Integrated in printed or digital material for public performance or exhibition, including trade stands, point of sale materials, outdoor advertising;
- For decorative purposes solely for your own personal, non-commercial use, not for resale, download or distribution, or any other commercial use
Under the following restrictions and requirements:
- The original images may not be easily extractable from your product. For example, an alpha transparent PNG image will not be used as such (e.g. in PowerPoint files), as in this case the original image can simply be extracted as a graphic. But by using e.g. a white background the alpha transparency is no longer present and the picture (with white background) may be used in websites, PowerPoint, etc.
- Images may not be made available, whether via digital asset management systems, shared storage media or the like, if this is done with the aim of sharing the image with others or to transfer them to another. This is especially true for enterprise-wide use by uploading the images to a corporate network.
- You may not resell, redistribute, provide access to, share or transfer any image except as specifically provided herein. Uploading any image to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the image.
- You may not: Publicly display an Image: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions intended to prevent the use of such Images by third parties, unless the Image is incorporated into a design with text or other content, and the overlaid or embedded text or other such content covers an area of at least 33% of the display size of the Image. Unless expressly permitted by this agreement, no other person may use Images which you have licensed hereunder.
- You may not: use or display any image on websites or in connection with any service designed to sell or induce sales of user-customized on-demand products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
- You may not: use an image in conjunction with defamatory or otherwise unlawful or immoral content.
- You may not: use an image in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- You may not: use any image on a social media platform or other third party website that claims to acquire rights in the image contrary to these usage rights as a result of such use. Upon DeYuCo’s request, you shall immediately remove any images from such platform or website.
- You may not: Use DeYuCo’s images in a manner that competes with DeYuCo’s business. This includes, by way of illustration only and not by way of limitation, displaying images in any format (including thumbnails) for download on a website, offering DeYuCo images for sale, or including DeYuCo’s images in templates of any nature, including web templates, document templates, projects or otherwise for distribution and/or sale to third parties.
- You may not: Use images as the basis for any individual or collection of physical or digital merchandise or promotional items, which you offer for sale, including the creation of a digital or print greeting card line based on DeYuCo’s images.
- You may not: Use any image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
- You may not: Falsely represent, expressly or by way of reasonable implication, that any Image was created by you or a person other than the copyright holder(s) of that Image.
- You may not: Stockpile or otherwise store downloaded images that are not used within twelve (12) months of the date on which you first downloaded such image. If you fail to use an image within twelve (12) months from the date of your first download of that image, you lose all rights to use that image.
- “Non-transferable” as used herein means that except as specifically provided in these usage rights, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, an image or the right to use an image. You may however, make a one-time transfer of images to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any image. If you become aware of any unauthorized duplication of any DeYuCo image(s) please notify us.
- If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the DeYuCo Image number as well as the date or dates on which the Images were used. You shall deliver copies of such records to DeYuCo at our request.
- You agree to indemnify and hold DeYuCo, its employees and partners harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by these usage rights. You further agree to indemnify DeYuCo for all costs and expenses that DeYuCo incurs in the event that you breach any of the terms of this or any other agreement with DeYuCo.
12.3 Terms of usage for our e-Books, templates (website templates, PowerPoint/Excel/Word templates etc.) and our workshop and training documentations (hereinafter collectively referred to as “Documents”)
- All documents are provided in single-user license.
- Storage on networks with the objective of making them available to third persons is forbidden.
- Documents may not be made available, whether via digital asset management systems, shared storage media or the like, if this is done with the aim of sharing them with others or to transfer them to another. This is especially true for enterprise-wide use by uploading the document to a corporate network.
- You may not resell, redistribute, provide access to, share or transfer any documents except as specifically provided herein. This is true for both the full document and any parts of it.
- You may not: The publication of the documents as a single file in a digital format on the Internet or any other medium for distribution.
13 Place of jurisdiction and place of performance
13.1 The place of jurisdiction and place of performance is DeYuCo’s headquarter in Meerbusch/Germany.
13.2 The law of the Federal Republic of Germany shall govern the business relationship, UN sales law shall be excluded.
13.3 Unless otherwise stated in the confirmation of order, the place of performance shall be our headquarter.
14 Data Protection
14.1 DeYuCo processes personal data of the customer for appropriate purposes and according to statutory provisions.
14.2 For the purpose of ordering goods specified personal information (such as name, e-mail address, mailing address, bank data) are used by DeYuCo for the processing of the contract. These data will be treated confidentially and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
14.3 The customer has the right to receive free information about the personal data stored by DeYuCo about him. In addition, he has the right to correct inaccurate data, to block and delete his personal data, insofar as there is no legal obligation to retain.
15 Severability clause
15.1 Should any of the provisions of the GTC be ineffective or void in part or in whole, then the contractual partners agree to stipulate a provision that comes closest to the meaning and purpose of the ineffective or void provision.
15.2 If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.