§1 Object of the Aqua Lung Online Academy range
(1) Aqua Lung GmbH, Josef-Schüttler-Str. 12, 78224 Singen (hereafter referred to as “Aqua Lung”) offers advanced training on various topics and products of, and in connection with, Aqua Lung via www.aqualungonlineakademie.de.
2) In order to participate in such training activities you, as a dealer, need to register on the Academy website free of charge. You require a customer number, an e-mail address and confirmation by Aqua Lung.
(3) If you wish to participate in the Aqua Lung training activities, you as a dealer and your staff who will also participate, need to have functional Internet access and a contemporary browser. Aqua Lung reserves the right to change technical requirements for the use of the Academy website and the training activities.
(4) All of the dealer’s staff members may participate in the Aqua Lung Academy training activities upon stating the registered customer number and upon payment of the respective course fee. The training is a follows: First of all, training is carried out electronically and is followed by a number of questions. The questions need to be answered correctly if you wish to obtain a training certificate which is issued by Aqua Lung. At the end of each course, the successful customer receives a certificate which lists the name of the PRO shop and the participant’s name.
(5) All participants who hold such a training certificate are entitled to carry out tasks such as the maintenance activities described in the course. Each certificate is valid for two years (the seminar can be repeated at a fee) for the respective generation/model. Each member of staff needs to obtain a certificate, and the latter is valid only for this member and in connection with the registered PRO shop.
(6) The documentation made available as part of the training may only be used by the staff member who actually participated in the training. Copying of any nature is prohibited.
(1) During the registration process, the dealer is responsible for the correct entry of the data required for handling all communication and/or for the use of Aqua Lung training activities. The dealer himself/herself needs to inform Aqua Lung immediately, in writing and online, if possible, of any data changes.
(2) During the registration process, the dealer chooses his or her password (free choice). The password must not be passed on to third parties and must be kept safe from third parties. Furthermore, the dealer is obliged to save or transfer encrypted passwords only in digital media as well as LAN and WAN networks.
(3) A “password” consists of all letter/figure/character sequences chosen for the purpose of preventing the use by unauthorized people.
(4) After the registration, the registration data are transferred to Aqua Lung and stored.
§3 Training fees
(1) Upon the conclusion of the contract, the dealer is obliged to pay the agreed training fee for all the participants listed in the registration.
(2) The fees are gross fees and include the legal turnover tax applicable to the training activities.
(3) Payment is due upon booking the training activity. Payment is made either by credit card or immediate bank transfer. The training activities are made available as soon as the payment transaction is completed. There is no refund unless the dealer proves that temporarily there is or was no access to the training activities for technical reasons.
(4) Authorized staff members may interrupt a course at any time after the start and resume the training activities within a reasonable period of time; there will be no extra fee for re-entering the training activity.
(1) In cases of gross negligence or malice, Aqua Lung shall be liable according to the legal regulations; in such cases, the liability restrictions listed below shall not apply. In cases of ordinary negligence, liability shall be excluded unless any major obligation (cardinal duty) has been violated and unless there has been a case of damage to life or limb or impossibility of performance or default.
(2) In cases of ordinary negligence, and if a major obligation has been violated or if there is a case of impossibility of performance or default, liability for damage, which is not due to damage to life and limb, is restricted to damage which could have been foreseen when concluding the contract and during the ordinary course of contract.
(3) Aqua Lung shall only be liable to the customer or a third party, irrespective of whether the third party is linked to the dealer or not, for all indirect loss or damage directly or indirectly resulting from the rights and duties granted in the training contract, but only in case of malice or gross negligence.
(4) The liability restrictions stated above do not restrict the legal claims stated in the product liability law. Liability for damage resulting from any damage to life, limb or health resulting from a negligent violation of duty by Aqua Lung, or from a wilful or negligent violation of duty by a legal representative or agent of Aqua Lung shall not be affected by the above liability restrictions. Liability for guaranties remains unrestricted if such guaranties are meant to protect the customer from the damage caused.
§5 Data protection
(1) Aqua Lung undertakes to treat all personal data provided by the dealer or his/her staff according to the valid data protection law, and, in particular, not to pass on such data to third parties. As regards the relationship between the parties involved, third parties do not include companies used by Aqua Lung for payment processing or for the performance of contractual or technical services.
(2) Aqua Lung specifically undertakes not to collect, record, keep, change, block or delete any personal data protected by the data protection law or to pass on or make such data available to third parties or otherwise use such data without permission and for a purpose which differs from the purpose of fulfilling the legal obligations. This obligation of data secrecy shall continue until the respective personal data are deleted.
(3) “Personal data” are data of any person by means of which a person can be identified, for example their name and address, e-mail address or telephone number and other non-public data in connection with this person.
(4) Data made available by the respective user:
a) As part of the registration process via login, the principal data for registration are passed on to Aqua Lung; the individual data appear in the registration forms of the respective login and are only collected, stored and used for the service delivery and accounting process of Aqua Lung. As part of the registration, Aqua Lung is also entitled to inform the user about website changes, supplements or new versions or about information made available via the website.
b) If you register individual staff members for training, the staff member’s personal data are stored for the examination and issue of the certificate as well as for the training documentation.
c) The data provided by the users are stored on the servers of a service provider, but such data are not used or otherwise processed by the service provider.
(5) If you send e-mail messages or other correspondence to us, we keep such messages in order to process the user’s enquiry, to answer queries and to improve our website, products and services. For example, if we receive feedback, we may use and disclose this feedback for any purpose provided that we do not include your personal data unless the customer has given special authorization to the provider in an individual case. The collection and use of such data and personal data included in the feedback is subject to the above-mentioned data protection regulations.
(6) At any time, each user has the right to obtain information about the personal data collected; this information is free of charge. At any time, the user has the right to withdraw his/her approval to use his/her personal data in future. If you wish to obtain information or withdraw your approval, please contact us via the data stated in the masthead; we shall provide information without delay.
(7) If you wish to take such steps, we shall, upon your request, partly or fully delete the data stored at Aqua Lung.
(8) If we are legally obliged to keep data, we are entitled to keep, use and process such data for the legally required period of time, even though the user has requested to delete such data, if this is necessary to adhere to our legal obligations.
(1) You may terminate the contract with Aqua Lung at any time by starting the contract termination process in the account administration.
(2) When this process is completed, your customer account will be deleted. §5 section 8 shall still be applicable.
§7 Final provisions
(1) The electronic range and these General Terms and Conditions determine the rights and obligations between the parties to the contract.
(2) Any changes of, or supplements to the agreements made and of these General Terms and Conditions shall be valid only if they are made in writing.
(3) If one or several clauses of the General Terms and Conditions become invalid, the remaining clauses remain valid. The invalid clause is to be replaced by a legally valid clause agreed by the parties; the purpose of the legally valid clause shall be in line with these General Terms and Conditions and the legally valid clause shall be as close as legally possible to the invalid clause in terms of its economic effect.
(4) In the case of deviations and/or inconsistencies, the regulations governing the electronic range take precedence to the General Terms and Conditions. The parties to the contract reserve the right to make a written agreement on deviations which, however, shall only be valid if it specifically refers to the deviating clause.
(5) This contract is subject to the laws in the Federal Republic of Germany except the UN purchase law (“Convention for the International Sale of Goods” (CISG) dated 11 April 1980 in its legally valid form) and to international law (the German conflict of laws in particular).
(6) If the dealer is not a consumer in the sense of § 13 Civil Code, the place of jurisdiction for all disputes arising from this contract shall be Singen.
Date: 18 July 2016