1. Scope

1.1. 1.1. These General Terms and Conditions (GTC) apply to all contracts, services, and offers concluded by means of distance selling or electronic commerce. As part of the ordering process, you accept the GTC in the version valid at the time of ordering. Any terms and conditions used by the customer that conflict with or deviate from these GTC will not be recognized unless we have expressly agreed to their validity in writing or in text form.  

1.2. 1.2. The operator of the online shop (“contractual partner”) is: Charleen Hay, based in Wettenberg, Hesse, Germany. Postal address: Bahnhofstraße 61, 35435 Wettenberg, Germany. You can contact our customer service for questions, complaints, and objections by email at hey@marketingminded.de

1.3. 1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB). An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. If a company is specified as the customer when the contract is concluded, this company becomes our contractual partner as an entrepreneur.

1.4. 1.4. The sale of digital products is processed via WooCommerce Payments, Stripe, and PayPal. The contractual partner is Charleen Hay.

1.5. 1.5. The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. The German text takes precedence in the event of any differences in language usage.

2. Offers and general information

2.1. 2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Only the order of a product by the customer
constitutes a binding offer.

2.2. 2.2. The contents of the products can be found in the product description. The contents at the time of booking are considered the subject of the services. We expressly reserve the right to make changes to the contents of the products at any time. Errors excepted.

3. Order process and conclusion of contract 

3.1. 3.1. The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. The customer can select products from the contractual partner’s range without obligation and collect them in a so-called shopping cart by clicking on the “Add to cart” button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to the checkout by clicking on the “Proceed to checkout” button in the shopping cart. The offer to conclude a contract is made by the customer. By completing the order page and clicking on the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. During the ordering process, the customer has the option of correcting the entries made at any time and returning to the shopping cart using the browser’s “back” function or canceling the order process altogether. Information required for the order is marked with an asterisk (*).

3.2. 3.2. The contractual partner then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the contractual partner and does not constitute acceptance of the application. The customer remains bound to the order for five days, i.e., the contract is bindingly  concluded if the contractual partner accepts the customer’s order within this period.

3.2. 3.2. After the order has been submitted, the contractual partner will send an order confirmation by email if the offer is accepted. In the event of acceptance, the contract is concluded in accordance with these General Terms and Conditions. As soon as the invoice amount for the order has been paid in full and correctly, the contractual partner will arrange for the delivery of the ordered product in accordance with the agreed shipping method (email link, download, or access data for the online course).  

3.3. The contract is concluded in German. The contract text (order confirmation and invoice) is stored by the contractual partner in compliance with data protection regulations and sent to the customer by email. If the customer has created a customer account, the contract text is stored in their customer account.

3.4. 3.4. The contractual partner will contact the customer by email and automated order processing. The customer shall ensure that the email address they have entered is correct.

4. Prices and terms of payment

4.1. 4.1. The prices stated in the contractual partner’s online shop at the time of ordering apply. Our prices are net prices (excluding statutory value added tax). The recipient of the service is liable for tax. Prices are quoted in EURO.

4.2. 4.2. If certain discounts or promotional offers are advertised, these are limited in terms of time or quantity. There is no entitlement to them.  

4.3. 4.3. The invoice amount is due and payable immediately upon conclusion of the contract. 

4.4. 4.4. In the event of non-payment, we reserve the right to temporarily or permanently block access to the services at any time. The customer is not entitled to assert a right of retention against our payment claims. The customer may only offset our claims with undisputed or legally established or ready-for-decision counterclaims.

4.5.  4.5. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.  

4.6. 4.6. If third-party providers are commissioned to process payments, e.g. PayPal or Stripe, their general terms and conditions apply.

5. Delivery and access to digital products

5.1. 5.1. Digital goods will be delivered to customers in electronic form, either as a download or via an access link, as soon as we have received payment. 

5.2. 5.2. The respective (online course) modules can be activated step by step in accordance with the respective product description. 

5.3. 5.3. The login details provided during registration (username, password, etc.) are intended for personal use only and must be kept secret by the customer. Disclosure to third parties is expressly prohibited.

5.4. 5.4. The contractual partner may temporarily or permanently block access if there are concrete indications that the customer is violating or has violated these General Terms and Conditions and/or applicable law, or if we have any other legitimate interest in blocking access.

5.5. 5.5. Entitlement to access only exists after payment for the digital product has been made.

5.6. 5.6. Access period: The customer receives access to the online courses for 12 months from the date of purchase. Once the access period has expired, you are no longer entitled to the content, course support, or product updates. For print-at-home products, we provide the customer with a one-time download link that can be used to download the product once.  

6. Copyright / Rights of Use 

6.1. 6.1. Files, content, and documents distributed by the contractual partner (e-books, print-at-home templates, and online courses) are protected by copyright and are intended exclusively for purchase for personal use as an individual user. The customer undertakes to recognize and comply with copyright laws. The customer may download or stream the purchased e-book, templates, and online course to a device of their choice. The customer may store downloaded files on their own devices.  

6.2. 6.2. All rights of use to the files and documents are reserved. This means that the customer does not receive any additional terms of use. Therefore, in particular, the production of copies of files or printouts for third parties, the transfer or forwarding of files to third parties, or any other use for purposes other than the customer’s own studies, whether for a fee or free of charge, requires the express prior written consent of the contracting party, even after the end of the cooperation.  

6.4. 6.4. The duplication or reproduction, distribution, publication, and making publicly available, either in whole or in part, whether in digital form via remote data transmission or in analog form, is not permitted.

6.3. 6.3. Print-at-home files and access to online courses may only be used by one person per license (named user).

7. Right of withdrawal and exceptions

7.1. 7.1. Consumers who conclude a contract exclusively using means of distance communication generally have a statutory right of withdrawal, which we describe in accordance with the statutory model in section 7.3 below.

7.2.  7.2. The following special provisions apply to the right of withdrawal for digital products and services: Digital services are delivered directly to your email address in electronic form immediately after ordering. The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier if we have begun to execute the contract (in practice, this means when the data transfer has begun). For the customer, this means that if they receive the entire content directly, they waive their right of objection. We point this out directly BEFORE the order is completed, with the following wording: I would like to point out that you waive your 14-day right of withdrawal because you have direct access to all course content. After the customer has expressly agreed that we may begin executing the contract before the expiry of the withdrawal period and has confirmed their awareness that, by giving their consent, they waive their right of withdrawal upon commencement of the execution of the contract.

Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us  (Charleen Hay, Bahnhofstraße 6a, 35435 Wettenberg, hey@marketingminded.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.)

An: Charleen Hay, Bahnhofstraße 6a, 35435 Wettenberg,  hey@marketingminded.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*). 

Ordered on (*) / received on (*)

Name of customer or consumer
Address of customer or consumer

Signature of customer or consumer (only required for paper notifications)
Date

(*) = Delete as applicable. 

8. No guarantee

8.1. 8.1. In our online programs, we only provide recommendations for action.

8.2. 8.2. The implementation of these recommendations is the sole responsibility of the customer. We cannot and do not promise any specific success.

9. Amendments to these General Terms and Conditions 

Amendments to these General Terms and Conditions We reserve the right to amend these General Terms and Conditions. If the customer does not object to such amendments within two weeks, the amendments shall be deemed to have been accepted by the customer. In the event of an objection, we shall be entitled to terminate the contractual relationship with the customer upon the planned effective date of the amendments.  

10. Liability for defects and damages

10.1. 10.1. Our liability for defects and damages is determined by the statutory provisions, unless otherwise specified below.

10.2. 10.2. Consumers and businesses: The following applies to consumers: We reserve the right to make changes to the product that go beyond what is necessary to maintain contractual compliance if there is a valid reason for doing so. In such a case, we will inform the consumer separately. For contracts with businesses, the general limitation period for claims for defects (§ 438 (1) No. 3 BGB) is one year from delivery, unless we are liable in accordance with the following provisions.

10.3. 10.3. We are liable for breaches of duty—regardless of the legal basis—within the scope of our liability for damages for intent and gross negligence. We shall only be liable for negligent breaches of duty
a) for damages resulting from injury to life, limb, or health, and
b) for damages resulting from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract, and on the fulfillment of which the customer regularly relies. In the latter case, however, we shall only be liable for foreseeable damage typical for this type of contract.

10.4. 10.4. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. Liability under the Product Liability Act remains unaffected.

10.5. 10.5. Likewise, no liability or guarantee is assumed for the topicality, correctness, appropriateness, and/or completeness of the service or content, either expressly or implicitly.

10.6. 10.6. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are not liable for the constant and uninterrupted availability of the booking pages, the interface, or the products.  

11. Final provisions, dispute resolution 

11.1. 11.1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law, or a special fund under public law.

11.2. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

11.3. 11.3. The terms and conditions set out here are complete and final.

11. 4. Should individual provisions of this contract be or become invalid or contradict statutory provisions, the remaining provisions of these General Terms and Conditions shall remain unaffected. The invalid provision shall be replaced by mutual agreement between the contracting parties by a legally effective provision that comes closest to the economic meaning and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.

Version of the General Terms and Conditions: 1.0
Status of the General Terms and Conditions: October 31, 2024