General Terms of Use

 

1. General Information / Contract Conclusion

 

1.1 The Lesson Nine GmbH (later in here referred to as „Babbel“), main residence Max-Beer-Str. 2, 10119 Berlin/Germany, runs an online learning system under the internet domain www.babbel.com, with which you can extend your language abilities in an easy and efficient way. Babble is available via the internet browser as well as via application.

 

Gift vouchers purchased via this Babbel online shop (later in here referred to as „Voucher“) can be redeemed under https://home.babbel.com/coupons/new. Beside those Vouchers the purchase of further articles is possible (later in here Voucher and article referred to as “Product”). These General Terms of Use of Babbel (later in here referred to as „GTU“) apply to Products purchased by a consumer or an enterprise (later in here referred to as „customer“) via the present online shop. Terms of the customer will not be accepted, unless otherwise agreed upon.

 

1.2 To contracts concerning chargeable and free-of-charge services and products offered under www.babbel.com as well as to the courses unlocked by Vouchers, the individually stated terms of service apply, unless explicitly otherwise regulated.

 

1.3 In the sense of these GTU, a consumer is any natural person concluding a business transaction for the purpose neither predominantly related to their commercial nor freelance activities. In the sense of these GTU, an entrepreneur is any natural or legal person or business partnership concluding a business transaction in the course of their freelance or commercial activities.

 

1.4 The product description contained in this online shop do not represent binding offers by Babbel, but serve the purpose for the customer to place an order.

 

1.5 The customer may place an order via the ordering form integrated into this online shop. After placing the selected Products into the virtual shopping basket and going through the electronic ordering process, the customer makes a binding proposition towards concluding a contract concerning the Products in the shopping basket by clicking the concluding button. During the ordering process, it is mandatory to provide a valid e-mail address as well as further data into the fields marked a mandatory.

 

1.6 Babbel may accept the customer's proposition within two days by sending an order confirmation in text form to the e-mail address provided during the ordering process. The contract between the customer and Babble is concluded by receipt of the order confirmation. If Babble does not accept the proposition within the above stated term, it is to be regarded as a rejection of the proposition, subsequently relieving the customer from his declaration of intent.

 

1.7 The term for accepting the order begins with the day after submitting the order by the customer and ends with expiry of the second day following the submission.

 

1.8 When placing the order via the online ordering form of the seller, the contract text will be stored by Babbel and sent to the customer in text form after submitting of the order. Before the binding placement of the order via online ordering form of the seller, the customer may correct the entered data at any time via the common keyboard and mouse functions.

 

1.9 The seller refrains from issuing invoices in paper form. The issuance of the invoice takes place via e-mail. By placing the order, the customer agrees to the electronic issuance of the invoice.

 

1.10 The execution of the order and the contacting usually take place via e-mail and automated order processing. The customer is to make sure that the provided e-mail address is correct in order to receive the e-mails sent by the seller. In particular, in case of using spam filters, the customer is to make sure that all e-mails sent by the seller or third parties commissioned with the order processing can be forwarded.

 

1.11 The delivery of the Voucher takes place electronically by e-mail to the e-mail address provided by the customer on contract conclusion, unless otherwise agreed upon. The delivery of articles will be done per mail to the respective entered postal address.

 

 

2. Prices and conditions of payments

 

2.1 To the delivery the list prices stated at the online shop at the time of the order apply. As fare as nothing else results from the offer of the seller, the prices stated are final prices including statutory VAT and shipping costs.

 

2.2 In this online shop the customer is informed about various methods of payment available. The payment is due immediately after contract conclusion.

 

2.3 The seller reserves the right to explicitly entitle a third party to collect the payment or to order the customer to pay. In such case the payment to the third party is regarded as a discharge from the debt towards the seller.

 

2.4 The payment duty will not be regarded as fulfilled until the seller or the third party commissioned by the seller are able to dispose of the amount paid. In case of payment default the seller is entitled to charge default interest in the legally applicable amount.

 

 

3. Right to withdrawal

 

The below stated right to withdrawal only applies to consumers.

 

WITHDRAWAL INSTRUCTION

 

Right to withdrawal

 

You have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period is 14 days beginning with the day that you or any appointed third party acting on your behalf, which is not the forwarding agent, has taken possession of the products.

 

To exercise your right to withdrawal you need to send us (Lesson Nine GmbH, Max-Beer-Str. 2, 10119 Berlin, Deutschland, Telefon: +49 30 779079 510 (Geschäftszeiten: Montag bis Freitag von 10:00 Uhr bis 14:00 Uhr MEZ), E-Mail: info@de.babbel.com) informing us about your decision to withdraw. You are free to use the attached withdrawal form.

 

[LINK: http://about.babbel.com/de/terms/withdrawal_form.pdf]

 

To comply with the withdrawal deadline, it is sufficient to inform us about your exercise of the right to withdraw before expiry of the withdrawal deadline.

 

 

Consequences of withdrawal

 

If you withdraw from the contract, we are to refund all received payments immediately, latest within 14 days after receipt of your withdrawal declaration, including shipping costs (additional costs for self-chosen delivery methods, others than our suggested standard method, are excluded). Those refund payments take place in the same way the original payment was carried out, unless other methods of payment are explicitly agreed upon with you. In no case fees for refund payments will be charged.

 

 

4. Voucher conditions

 

4.1 The purchased Voucher code is transferable. Any natural, adult person (later in here referred to as “user”) may register with the learning platform under www.babbel.com and use the chargeable and free-of-charge learning program.

 

4.2 The user is to open and to verify a user account in order to redeem Vouchers and to unlock language courses.

 

4.3 For the period chosen during the ordering process, the Voucher can be freely used for one of the available language package combinations of language-to-learn and display language. The Voucher code may be redeemed only once. The encashment of a Voucher is not possible. The Voucher credit will neither be paid out in cash nor is it subject to interests.

 

4.4 Vouchers may be redeemed until the end of the third year after purchase of the Voucher.

 

 

5. Liability

 

5.1 Babbel is eager to always maintain orderly operation of the online shop. However, Babbel does not guarantee permanent undisrupted operation.

 

5.2 Damage claims of the customer are excluded, unless otherwise agreed upon, except damage claims of the customer resulting from harm to life, body and health or from violation of essential contractual duties (cardinal duties) as well as liability for other damages resulting from intentional or gross negligent violation of contractual duties on side of Babbel, their legal representatives or vicarious agents.

 

5.3 In case of violation of essential contractual duties Babbel is only liable up to the typical, foreseeable contractual damage if caused by light negligence, unless damages are claimed by the customer resulting from to harm to life, body and health.

 

5.4 The liability limitations of the paragraphs 5.2 and 5.3 do also apply to legal representatives and vicarious agents of Babbel if claims are asserted directly against them.

 

5.5 The provisions of the Product Liability Act remain unaffected.

 

6. Use of customer data

 

To all data concerning the business relationship with the customer, the Babbel data protection regulations, retrievable from the respective online shop, apply. In case of further questions concerning data protection, information and alteration requests, please contact Babbel under support@de.babbel.com

 

 

7. Information concerning Online Dispute Resolution

 

The European Union provides an online platform for the settlement of disputes between commercial salesmen and non-commercial users (consumers), resident in the European Union, in relation to purchase and service contracts with costs. The participation in such settlement procedures is voluntary. Even though Babbel is not participating in this program, our customer service will competently support you in case of problems: support@de.babbel.com The online platform for dispute resolution is available under http://ec.europa.eu/consumers/odr

 

 

8. Place of jurisdiction, applicable law, partial invalidity

 

8.1 To contracts between Babbel and the user exclusively the law of the Federal Republic of Germany applies under exclusion of CSIG law. In case of business transactions with consumers within the European Union, local laws of the country of residence of the consumer may also apply as far as those imperatively concern consumer protection regulations.

 

8.2 The parties exclude the application of conflict rules of the international private law as far as such exclusively leads to the application of other legal systems.

 

8.3 These GTU partially remains legally valid even if single regulations are invalid.

 

8.4 The parties agree upon the corporate residence of Babble to be the place of jurisdiction if the customer has no residence in Germany.

 

 

Last updated: November 2017