Terms and Conditions
General Terms and Conditions (GTC)
§ 1 Scope of Application
(1) The following General Terms and Conditions ("GTC") apply to all contracts for the delivery of goods or the purchase of digital online products concluded between Kölner Lernspielverlag GmbH (hereinafter referred to as the "Provider") and either business customers (as defined in § 14 German Civil Code (BGB)) or consumers (as defined in § 13 BGB) — both hereinafter referred to as "Users."
A business customer within the meaning of § 14 BGB is a natural or legal person, or a legal partnership, acting in the exercise of their commercial or independent professional activity when entering into a legal transaction. A consumer within the meaning of § 13 BGB is any natural person entering into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(2) These GTC apply in the version current at the time of contract conclusion.
(3) Any deviating terms and conditions provided by the User shall not apply, even if not expressly rejected by the Provider.
§ 2 Registration
(1) Orders in the Provider's online shop can be placed either as a guest or as a registered user. Registration is not a prerequisite for ordering. There is no entitlement to registration. Certain groups of users (e.g. teachers, schools) may receive a customer number from the Provider upon request, enabling them to register in the online shop. This customer number is sent via email to the address provided during registration.
(2) Users are obligated to provide accurate and truthful information when registering. It is the User’s responsibility to ensure that the email address provided is accessible and that no reception issues (e.g. forwarding errors, deactivation, or full inbox) hinder communication.
(3) Users must promptly update their account information in the event of changes (particularly name, address, email, or phone number). The Provider reserves the right to reject registration without stating reasons and may immediately and without prior notice exclude users who provide false or incomplete address data.
(4) A presumption of incorrect information arises if emails sent to the user are undeliverable on three consecutive occasions or if a delivery fails due to incorrect address data. Emails are considered delivered on the day of dispatch unless a delivery error message is received.
(5) If the User provides false data or fails to update changed data, especially an incorrect email address, the Provider may cancel the contract or block access to online products.
§ 3 Orders and Conclusion of Contract
(1) The product range displayed in the online shop constitutes a non-binding invitation to order. By clicking the button "Place Binding Order," the User submits a binding offer to purchase the items in the shopping cart.
(2) The Provider will immediately confirm receipt of the order by email (order confirmation), which includes order details. This confirmation does not constitute acceptance of the offer.
(3) A contract is formed only upon explicit acceptance by the Provider, shipment of the goods, or — for digital products — when the content is made available for download or access. Orders submitted by post, email, or fax result in a contract upon dispatch of the goods.
(4) Registered users can review their order history in their personal account.
(5) If items are not yet published, temporarily unavailable, or out of print, this will be indicated on the invoice. Pre-orders will be delivered automatically within six months of the order date.
(6) Should a product become unavailable due to reasons beyond the Provider’s control (e.g. supplier issues or printing errors), the Provider may deliver a revised version if available. If no such version exists, the Provider may withdraw from the contract and will promptly refund any purchase price already paid.
(7) Changes or cancellations can only be considered if received before the original order has been processed.
§ 4 Right of Withdrawal for Consumers
Consumers are entitled to a statutory right of withdrawal. Please refer to the relevant Withdrawal Policy section.
§ 5 Passwords and Confidentiality
(1) Upon registration, the User defines a username and password, which are required for future purchases. The username is confirmed via email.
(2) The User must handle these credentials with care to prevent loss and unauthorized access.
(3) If a password is suspected to be compromised, the User must immediately change it. If there is reason to believe that a third party has accessed the account, the Provider must be notified without delay. The Provider will block access as soon as notification is received.
§ 6 Data Protection
The Provider collects and stores the data necessary for transaction processing, in compliance with applicable data protection laws. Details can be found in the Privacy Policy available on the website. Users may request information about their stored personal data at any time.
§ 7 Rights of Use
(1) The content and products offered in the online shop are protected by copyright. Users may only use them within the limits permitted by the contract.
(2) Unless otherwise agreed, products are licensed for personal use only. If ordered on behalf of a school, usage is extended to that school. Specific usage terms as defined by the Provider must be followed.
(3) For school use, integration into internal networks (e.g. intranet) per § 52a UrhG requires prior written consent from the Provider.
(4) Any extended use, such as duplication, distribution, or granting third-party access, is prohibited. "Third parties" are individuals outside the User’s organization.
(5) Exceptions to (3) and (4) apply to products designed for reproduction (e.g. worksheets, templates), which may be copied and distributed for teaching purposes — but not stored or distributed digitally due to copyright restrictions.
(6) All rights to materials created by the Provider or third parties remain with the respective rightsholders. Any further use — digital or print — requires prior written consent.
(7) It is prohibited to bypass or disable any encryption, security, or authentication mechanisms.
(8) Failure to enforce rights does not constitute a waiver.
§ 8 Delivery and Services
(1) Available products are delivered within 3 to 6 days. If a title is not yet released or temporarily unavailable, delivery follows within 1 to 3 working days of availability. Delivery dates are approximate unless expressly confirmed as binding.
(2) Orders are usually fulfilled by Kölner Lernspielverlag. In exceptional cases, delivery and billing may be handled by other providers. Additional terms may apply for business customers.
(3) Delivery method is determined by the Provider. Partial deliveries are permitted and shipping costs for these will be covered by the Provider if deemed reasonable for the User.
(4) Users are liable for any extra costs caused by incorrect or outdated addresses. After two failed delivery attempts, the Provider may withdraw from the contract.
(5) In cases of incorrect delivery or product defects, return shipping costs are borne by the Provider.
(6) The User’s email address may be shared with DPD Deutschland GmbH for shipment notifications and delivery preferences.
(7) Review copies may be provided to teachers and trainee teachers for curriculum assessment, subject to proof of eligibility.
§ 9 Shipping, International Delivery
(1) All shipping costs, including COD and reshipping fees, are borne by the User.
(2) International orders may be subject to export restrictions, taxes, and customs duties. Users are responsible for proper handling and payment of these charges.
§ 10 Payment
(1) Payments must reference the invoice number. Unless agreed otherwise, the purchase price is due immediately.
(2) For pre-release products, the price applicable at the time of delivery applies. Resellers are obliged to enforce fixed pricing. All prices include applicable VAT.
(3) Promotional offers may be time- or quantity-limited. Details are provided in the product description.
(4) Payments are to be made to Kölner Lernspielverlag GmbH.
(5) If invoices are not settled by the due date, the full balance becomes payable. Further orders require advance payment. Credits and partial payments are applied to the oldest outstanding amount per § 367 BGB. Payment is considered overdue 30 days after invoice date, with statutory interest applied.
(6) Pre-invoices include only titles currently available or soon to be available. Payment triggers issuance of a final invoice and delivery. Unavailable items are not reserved. If such titles are not shipped within six months of payment, Users may request a refund or offset.
(7) Prices in the shop, catalogs, and invoices are gross. VAT-exempt delivery is only available to international customers who have provided a valid VAT ID and requested exemption.
(8) Offsetting is only permitted where counterclaims are legally recognized, uncontested, or acknowledged by the Provider.
§ 11 Retention of Title
Delivered goods remain the property of the Provider until full payment is received, regardless of any withdrawal rights.
§ 12 Warranty and Liability
(1) Statutory warranty rights apply to all goods.
(2) Internet usage is at the User’s own risk. The Provider accepts no liability for disruptions beyond its control.
(3) The Provider is not liable for third-party content accessible via linked sites and does not adopt such content as its own.
(4) The Provider assumes no responsibility for the completeness, accuracy, or timeliness of the information provided.
(5) Both parties retain the right to withdraw from the contract under applicable law.
(6) Users must report product defects. The Provider may either rectify the defect or supply a replacement. If this fails, the User may reduce the price or withdraw from the contract. Business customers have a one-year warranty period.
(7) The Provider is liable without limitation for intentional or gross negligence by its legal representatives or agents. For slightly negligent breaches of essential contractual obligations (cardinal duties), liability is limited to foreseeable, typical damages. Further exclusions apply to business customers, except in cases of mandatory statutory liability, including personal injury or product liability law.
§ 13 Amendments to the GTC
(1) The Provider may amend these GTC at any time with future effect.
For ongoing contractual relationships (e.g. subscriptions), changes will be communicated via email. Users may object within one month. Failure to object constitutes acceptance. Users will be informed of their right to object and the consequences thereof. If the User objects, the original terms remain in effect. Termination rights remain unaffected.
§ 14 Final Provisions
(1) Users may not transfer their rights and obligations without prior written consent from the Provider.
(2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(3) The contract language is English.
(4) For business transactions, the place of jurisdiction is New York, NY. The Provider may also sue at the User’s general place of jurisdiction.
(5) If any provision is found to be invalid, the remaining provisions remain in effect.
(6) The Provider does not participate in dispute resolution proceedings before a consumer arbitration board.