General Terms and Conditions
for the online shop at the URL
https://constellateur.com and https://courses.constellateur.com
operated by
WITTIGONIA GmbH
Constellateur.com is a service provided by WITTIGONIA GmbH
Bahnhofstrasse 15
69115 Heidelberg
Email: info@constellateur.com
Phone number: +49 (6221) 1867638
- hereinafter referred to as "Provider" -
1. Scope of Application
These General Terms and Conditions (GTC) apply, after their inclusion, to all contracts concluded for the purchase of goods, services, or other goods (hereinafter referred to as "Goods") in the online shop at the above-mentioned URL in their valid version at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer do not become part of the contract, unless the Provider expressly agrees to them.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the Provider to the visitors of the online shop to submit an offer for the purchase of the goods offered in the shop.
2.2 The order of the goods is made through the online order form of the Provider. After selecting the desired goods, entering all requested mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance is made by the Provider confirming the conclusion of the contract in writing or in text form (e.g., by email) (Order Confirmation) and this order confirmation is received by the customer, or by delivering the ordered goods and these goods are received by the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and the payment request is received by the customer; the time of contract conclusion is determined by the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.
2.3 Before submitting the order via the online order form of the Provider, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly placed and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.
2.4 The Provider will store the contract text after the conclusion of the contract and transmit it to the customer in written form (e.g., by email). There will be no further access to the contract text by the Provider. If the purchase is made through a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: English.
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. Details can be found in the withdrawal instructions, which are provided to every consumer no later than immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices stated in the online shop at the time of the order apply. All prices are inclusive of applicable value-added tax and plus any shipping costs indicated, if applicable. The available payment options are communicated to the customer in the online shop of the Provider.
4.2 If "SEPA direct debit" is agreed, payment is due immediately after the conclusion of the contract. Before debiting the purchase price, the customer will be informed of the expected date of the debit (Pre-Notification). The direct debit will not be made before the customer receives this Pre-Notification and before the deadline mentioned in the Pre-Notification. If the direct debit fails due to insufficient funds in the account, incorrect bank details provided by the customer, or any other reasons attributable to the customer, the customer shall bear any resulting chargeback fees, provided that the failure of the direct debit is attributable to the customer.
4.3 If payment by credit or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.
4.4 If payment via "PayPal" is agreed, the purchase price is due immediately after the conclusion of the contract. The payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If "Sofortüberweisung" (instant bank transfer) is agreed, the purchase price is due immediately after the conclusion of the contract. The payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.6 If Giropay is agreed, the purchase price is due immediately after the conclusion of the contract. The payment processing is handled by paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of Title
The purchased goods remain the property of the Provider until the full payment of the purchase price.
6. Delivery and Reservation of Self-Delivery
6.1 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within the delivery time indicated in the online shop. The applicable delivery times can be found in the online shop.
6.2 Self-collection of the purchased goods is not possible.
6.3 If the Provider is unable to deliver the ordered goods because it has not been supplied by its own fault, despite having concluded a congruent covering transaction with a reliable supplier in a timely manner, the Provider will be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to immediately notify the customer of the impossibility of performance. Any consideration already provided by the contractual partner will be refunded to them without delay. This provision does not affect any mandatory consumer rights.
7. Warranty
The provisions of statutory warranty apply.
8. Liability
8.1 The provider is liable without limitation:
- for damages resulting from the violation of life, body, or health, based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- due to a warranty promise, to the extent that no other arrangement has been made in this regard;
- due to mandatory liability (e.g., under the Product Liability Act).
8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable, typical damage that is inherent in the contract, unless unlimited liability applies pursuant to the above paragraph. Material contractual obligations are obligations that the contract imposes on the provider according to 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 regularly relies.
8.3 In all other respects, the liability of the provider, as well as the liability of its vicarious agents and legal representatives, is excluded.
9. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with the applicable data protection regulations. Further information can be found in the provider's privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, unless this choice of law leads to a consumer being deprived of the protection afforded by mandatory provisions of the law of his/her habitual residence within the European Union.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider's place of business shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the heading of these terms and conditions.
10.3 If a provision of this contract is or becomes invalid or unenforceable, the other provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find at the following link: https://ec.europa.eu/consumers/odr.
The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
You can find our email address in the heading of these terms and conditions.