GENERAL TERMS & CONDITIONS
We love to see you visit our webpages. This page informs you of our general terms and conditions.
§1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Cyoneer GmbH (hereinafter referred to as “Supplier”) to you in the version valid at the time of the order.
(2) Any deviating General Terms and Conditions of the Customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Cyoneer GmbH. By placing an order with Cyoneer GmbH, you agree to the application of these terms and conditions to your order.
(4) At InnovationLabs.Berlin we offer the sale of the following products and services: Online courses, trainings, coaching, consulting teaching and accompanying materials.
§2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in the English language.
(2) The offers are directed exclusively to end customers with a billing and delivery address worldwide.
In the case of individual bulky goods, the possible delivery addresses as well as the place of delivery may be limited; the limitation is shown in the respective list price.
(3) The purchaser must be at least 18 years of age.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely requested to make an offer.
(5) Your order represents an offer to InnovationLabs.Berlin to conclude a sales contract. The Customer submits a binding offer when he/she has gone through the online ordering process by entering the information requested there and clicks the “Confirmation” button in the last step of the order process.
(6) The purchase contract between the provider and the customer is only concluded by a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending of the goods or sending of a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not represent a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This refers both to the number of ordered products within the scope of an order and to the placing of several orders of the same product, where the individual orders cover a quantity customary in households.
(8) Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the InnovationLabs.Berlin service requires registration.
(10) By registering, the customer accepts these terms and conditions. Registration creates a contractual relationship between InnovationLabs.Berlin and the registered customer, which is governed by the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely requested to make an offer.
(12) By ordering a service with costs, the registered customer enters into a further contractual relationship with InnovationLabs.Berlin which is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking the “Confirmation” button.
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§3 Description of the scope of services
The scope of InnovationLabs.Berlin consists of the following services:
The user can register for free on the website and use free online courses. After purchasing an online course, it can be used accordingly. If the customer wants to use the website without restrictions, he/she can take out a corresponding paid subscription.
§4 Prices and shipping cost Cookies
(1) Our prices include the applicable statutory value-added tax and do not include a flat-rate shipping charge or shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of the products in our catalogue may be marked with the wrong price. We will check the prices when we process your order and before we charge the payment. If a product is marked with the wrong price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you whether you wish to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have indicated, we will charge the lower amount and ship the product to you.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
(4) In order to use InnovationLabs.Berlin a registration is required first.
(5) To be able to purchase the services of the website, the user must register and create a user account.
(6) If the user wishes to use a service for which a fee is charged, he/she will be informed in advance of the chargeable service. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(7) The provider reserves the right to charge different fee models for different booking times and user groups and especially for different periods of use, as well as to offer different scopes of services.
§5 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by InnovationLabs.Berlin (e.g. on the respective product detail page). We would like to point out that all information regarding availability, shipping or delivery of a product are only approximate indications and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If InnovationLabs.Berlin discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the customer remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the customer’s entrance door, front door or staircase or because the customer cannot be found at the delivery address given by him, although the delivery date was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) The delivery is made according to the customer’s method of payment. In the case of advance payment, delivery shall take place after the payment order has been issued to the remitting bank. In the case of payment by Paypal, credit card, gift card, direct debit, immediate transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate sales contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. Contracting party is Cyoneer GmbH. Irrespective of your right of revocation, you may cancel your order for a product free of charge at any time prior to sending the corresponding shipping confirmation.
(6) This right of cancellation does not apply to certain product groups and services, including digital content or software that is not delivered on a physical medium (e.g., a CD or DVD), provided that the download or use (whichever is earlier) has begun.
(1) If you order products from InnovationLabs.Berlin for delivery outside of the European Union, you may be subject to import duties and taxes which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no influence on these fees. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Furthermore, please note that when ordering from InnovationLabs.Berlin you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to point out to our international customers that cross-border deliveries are subject to opening and investigation by customs authorities. For more information, please read our customs information.
§7 Terms of payment
(1) Any fees are to be paid in advance to InnovationLabs.Berlin at the due date without any deductions.
(2) By registering, providing the information necessary for the payment procedure and using the chargeable service, the user authorizes the operator to collect the corresponding amount.
(3) A chargeable service is automatically extended by the respective booked period (subscription), as long as it is not cancelled by telephone, e-mail or letter.
(4) The subscription is collected at the following time: on the first working day of the month
(5) The customer can pay for the goods or services by the following payment methods: Paypal, Credit card.
(6) Certain payment methods can be excluded by the provider in individual cases.
(7) The customer is not permitted to pay for the goods or services by sending cash or cheques.
(8) Should the customer choose an online payment method, the customer authorises the provider to collect the amounts due at the time of the order.
(9) If the provider offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the provider’s account within five calendar days after receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(10) Should the Supplier offer payment by credit card and the Customer choose this method of payment, the Customer expressly authorises the Supplier to collect the amounts due.
(11) If the provider offers payment by direct debit and the customer chooses this payment method, the customer issues the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account data, the Customer shall bear the costs for this.
(12) If the provider offers payment in advance and the customer chooses this method of payment, the customer is obliged to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
(13) Should the customer be in arrears with payment, the supplier reserves the right to claim damages for delay.
§8 Registration and termination
(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has not been convicted of an intentional criminal offence endangering the safety of third parties, in particular not of a criminal offence against sexual self-determination (§§ 174 et seq. StGB, a criminal offence against life (§§ 211 et seq. StGB), an offence against physical integrity (§§ 223 ff. StGB), an offence against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.
(3) A user is, under reservation, entitled to cancel his/her account at any time without giving a reason in writing by mail, e-mail or telephone. At the same time, there is the possibility to deactivate the user account completely and personally within the data and settings of the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he can cancel at least 14 days before the booking period. If this deadline is not met, the chargeable service will be extended by the selected booking period and the cancellation will only take effect at the end of the following booking period. A cancellation is possible by phone, e-mail or letter and will be confirmed by us in writing. In order that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be given. In case of a cancellation by telephone, the individual telephone password is required.
(5) InnovationLabs.Berlin may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. InnovationLabs.Berlin further reserves the right to remove profiles and/or any content published on the website by the user. If InnovationLabs.Berlin terminates the user’s registration and/or removes the user’s profile or published content, InnovationLabs.Berlin shall have no obligation to notify the user of such termination or removal, nor shall it be obliged to inform the user of the reason for such termination or removal.
(6) Subsequent to termination of any individual use of the services of InnovationLabs.Berlin, InnovationLabs.Berlin reserves the right to send information about this to other registered users who InnovationLabs.Berlin believes have been in contact with the user. InnovationLabs.Berlin’s decision to terminate a user’s registration and/or to notify other users who InnovationLabs.Berlin believes have been in contact with the user does not imply or warrant that InnovationLabs.Berlin is aware of the user’s individual character, general reputation, personal characteristics or lifestyle.
(7) Users are obligated not to intentionally or fraudulently make false statements in their profile or other areas of the portal. Such statements may result in civil law action. Furthermore, the operator reserves the right in such a case to dissolve the existing contractual relationship with immediate effect.
(8) If a User’s access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the User shall pay damages in the amount of the agreed remuneration minus saved expenses for the remaining term of the contract. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both parties to the contract are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all user data will be deleted by InnovationLabs.Berlin.
§9 Limitation of liability (services)
(1) InnovationLabs.Berlin assumes no responsibility for the content and correctness of the information in the registration and profile data of the orderers and other content generated by the orderers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating purchasers. Therefore InnovationLabs.Berlin is not liable for services of the participating customers. Accordingly, all matters concerning the relationship between the purchasers including, without exception, the services received by a seeker or payments due to purchasers shall be addressed directly to the respective party of the purchaser. InnovationLabs.Berlin cannot be held responsible for this and hereby expressly contradicts all possible liability claims of any kind including claims, services, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or not, in any way whatsoever in connection with the aforementioned matters.
(3) Cyoneer GmbH is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Cyoneer GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Cyoneer GmbH.
(4) For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the Contract Partner may regularly rely), Cyoneer GmbH Europe shall only be liable if they are based on an intentional or grossly negligent violation of obligations by Cyoneer GmbH or on an intentional or grossly negligent violation of obligations by a legal representative or vicarious agent of Cyoneer GmbH.
(5) The claims for damages are limited to the foreseeable damage typical for the contract. In the event of delay, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages which are based on injury to life, body or health or freedom shall be subject to a limitation period of 30 years; otherwise after 1 year, whereby the limitation period shall expire at the end of the year in which the claim arose and the creditor becomes aware of the circumstances substantiating the claim and the person of the debtor or would have to become aware of them without gross negligence (§ 199 Para. 1 BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and the law and, if necessary, to delete it in whole or in part.
§10 Set-off and right of retention
(1) The customer is only entitled to offsetting if the customer’s counterclaim has been legally established or is not disputed by the provider.
(2) The orderer can exercise a right of retention only if your counterclaim is based on the same contractual relationship.
§11 Retention of title
Cyoneer GmbH reserves the right of ownership of the goods until full payment has been received.
§12 Damage in transit
(1) Should the customer receive the goods with obvious transport damages, the supplier demands that he complains about this as soon as possible.
(2) Should the customer fail to lodge a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: According to these regulations, purchasers in the European Union have, in addition to their 30-day return guarantee, warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on InnovationLabs.Berlin, if they turn out to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the purchaser is not a consumer, the period of limitation is one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which are based on compensation for damage to body and health or on intent or gross negligence.
§14 Limitations of liability (products)
(1) The provider is liable for claims for damages of the customer from the injury of life, body, health or from the violation of essential contractual obligations, as well as for other damages, which are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the goal of the contract.
(3) The provider is liable for violations of essential contractual obligations, which are based on contract-typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages of the customer, which are based on an injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) As far as the liability of InnovationLabs.Berlin is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§15 Cancellation policy
(1) If the purchaser is a consumer, he has a right of revocation in accordance with the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke the contract without giving reasons.
The revocation period for services is fourteen days from the day of conclusion of the contract.
In order to exercise your right of revocation, you must give us:
Phone: +49 (0)30 76770307
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period and that you have returned the goods via our online return centre within the period defined below.
(3) Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notification of your revocation of this Agreement. 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.
If you have requested that the services should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of services provided under the Agreement.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without delay and in any event no later than 14 days from the date on which you inform us of the cancellation of this contract to
Telefon: +49 (0)30 76770307
to be returned or handed over. The deadline is met if you send the goods before the 14-day period has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
The right of revocation does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods which are manufactured according to customer specifications or which are clearly tailored to personal requirements
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded
- for services, if InnovationLabs.Berlin has provided these services in full and you have taken note of them before placing the order and have expressly agreed that we can start providing the service and you lose your right of revocation if the contract is fulfilled in full;
- for the delivery of newspapers, journals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but for which delivery can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control.
§16 Exclusion of the right of revocation
(1) The right of withdrawal does not apply to contracts
for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery because of their nature;
- for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after supply.
§17 Data protection and cookies
(1) Should personal data (e.g. name, address, e-mail address) be collected, we pledge to obtain your prior consent. We shall not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities if the provider has given the persons concerned prior written consent.
(4) You have the right to receive complete information free of charge from InnovationLabs.Berlin about the data stock concerning you at any time.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate privacy and cookies policy.
§18 Jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§19 Final provisions
(1) Contract language is English.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use InnovationLabs.Berlin only with the involvement of a parent or guardian.
(3) If you violate these terms and conditions and we do not take any action against it, we are further entitled to exercise our rights at any other occasion where you violate these terms and conditions of sale.
(4) We reserve the right to make changes to our website, rules, terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.