Terms of use

Address:
Chess Academy Software and Book Publisher
Witali Braslawski
Zwickauer Str. 21
40627 Dusseldorf, Germany

Phone: 0211-742826 (for customers inside Germany), Tel. +49 211 742826 (for customers outside Germany)
Fax: 0211-742831 (for customers inside Germany), Fax: +49 211 742831 (for customers outside Germany)

Email: info@chess-academy.com
Website URL: https://chess-academy.com

Sales tax identification number according to § 27a Sales Tax Act: DE812892246
Tax number 10650381185, Tax Office Dusseldorf South, Germany

Site owner/operator, responsible for the content according to § 10 paragraph 3 MDStV: Witali Braslawski (address as above)

Bank account details:
Bank account owner: BRASLAWSKI / c/o CHESS ACADEMY SOFTWARE
Deutsche Bank, Dusseldorf, IBAN (International Banking Account Number): DE26300700240061969200. BIC/SWIFT-Code: DEUTDEDBDUE

Please read the following texts/notes, which give you information about the use of our homepage and your orders. All claims in connection with this homepage as well as the use of the homepage and all products/services offered there are subject to German law. By accessing, browsing, or placing an order on our homepage, you acknowledge that you have read and understood this notice and agree to be bound by the terms and conditions set forth herein. If you do not agree with the terms and conditions of our homepage, please do not use our internet homepage including products and services.

1. Content of the online offer

The contents of the Chess Academy website (hereinafter also referred to as Chess Academy website or Chess Academy homepage, Chess Academy store) are regularly maintained and updated. However, no guarantee is given for the correctness, quality, completeness, topicality, or availability of the information retrievable within the scope of the service. Liability claims against the site operator, which refer to damages of a material or non-material nature, which were caused by the use or non-use of the information presented or by the use of incorrect and incomplete information, are fundamentally excluded, insofar as there is no demonstrable intentional or grossly negligent fault on the part of the site operator.

This disclaimer is to be regarded as part of the internet publication to which you were referred. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remains uninfluenced by this fact. All photos, graphics, animations, logos, texts, videos, and all other components of this website including page design are subject to copyright and are the property of the respective author/right holder. Any further use of the material is not permitted without the written consent of the copyright holder. We expressly point out that all information is without guarantee and any liability due to incorrect, incomplete, or outdated information is excluded.

All offers are subject to change and non-binding. The site operator expressly reserves the right to change, supplement, or delete parts of the pages or the entire offer without prior notice, or to cease publication temporarily or permanently.

2. References and links

In the case of direct or indirect references to external websites (“hyperlinks”), which lie outside the area of responsibility of the site operator, a liability obligation would only come into effect in the event that the site operator has knowledge of the content and it would be technically possible and reasonable for him to prevent use in the event of illegal content.

The site operator hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The site operator has no influence on the current and future design, content, or authorship of the linked pages. Therefore, he hereby expressly dissociates himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists, and all other forms of databases set up by the site operator, to whose content external write access is possible. For illegal, incorrect, or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who has linked to the respective publication.

3. Copyright and trademark law

The site operator endeavors to observe the copyrights of the images, graphics, sound documents, video sequences, and texts used in all publications, to use images, graphics, sound documents, video sequences, and texts created by himself or to use license-free graphics, sound documents, video sequences, and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the site operator/author himself remains solely with the site operator/author of the pages. Any duplication or use of objects such as diagrams, sounds, or texts in other electronic or printed publications is not permitted without the author’s agreement.

4. Data Privacy

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers, and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against the senders of so-called spam mail in the event of violations of this prohibition.

5. Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication to which you were referred. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remains uninfluenced by this fact.

1. All our deliveries and services shall be based on these terms and conditions. They shall be an integral part of the contract by mutual agreement and shall apply to all business transactions, in particular to all future transactions, even if no separate reference is made to them, and shall govern them conclusively unless deviating terms and conditions are agreed in writing.

2. We shall not recognize any terms and conditions of the Buyer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their approval in writing. Individual agreements shall remain unaffected by the above provision.

3. Insofar as these terms and conditions contain regulations for commercial transactions, these shall apply exclusively to business transactions with fully qualified merchants within the meaning of the German Commercial Code (e.g. vis-à-vis a merchant if the contract is part of the operation of his trade), legal entities under public law or special funds under public law.

4. Dissociation from linked contents of external websites. In its decision of May 12, 1998, the Regional Court of Hamburg ruled that the inclusion of a hyperlink may imply shared responsibility for the content of the linked page. This can only be reliably prevented by expressly distancing oneself from these contents. Therefore, the site operator hereby expressly distances itself from all contents of all linked sites and expressly does not adopt these contents as its own. This declaration applies to all links shown on this website and to all texts and other contents of all pages to which the banners and links registered here lead.

5 Copyright. All pictures, texts, and other content on this website are subject to copyright protection. They may not be used for commercial purposes or published or distributed in any other way without the express permission of the respective copyright holder. This also applies to full citation of the source of the respective image, text, or other content.

1. The product-describing information contained in brochures or similar documents and the information provided with any other offer, such as illustrations, drawings, descriptions, performance and consumption data, as well as information relating to the usability of software, books, and devices for new technologies, are subject to change without notice unless they are expressly designated as binding. Prices are subject to change and errors excepted. In particular, we reserve the right to make changes (such as the postponement of deadlines for product development and manufacturing as well as for further development and improvement) and improvements that serve technical and/or innovative/conceptual progress.

2. The order signed by the buyer or recognized as such (such as orders on the Internet) is contractually binding. We are entitled to accept the contract offer therein within two weeks. The acceptance can be declared by sending the order confirmation, the invoice, or by delivery. If our delivery is made without the buyer having received an order confirmation beforehand, the contract shall be concluded upon handover of the goods to the forwarder or carrier or upon handover by electronic means.

Right of withdrawal

You (as end consumer, apply to goods and services, do not apply to contract with transfer of rights (such as domain purchase) have the right to revoke this contract within 14 (fourteen) days without giving any reason.

The withdrawal period in the case of a purchase contract is 14 (fourteen) days from the day on which you, as the buyer, or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

The withdrawal period is 14 (fourteen) days from the day of the conclusion of the contract in the case of a service contract (digital content not delivered on a physical medium).

The withdrawal period in the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately is 14 (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 last goods.

The withdrawal period in the case of a contract for the delivery of goods in several partial shipments or pieces is 14 (fourteen) days from the day on which you, as the buyer, or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or piece.

The withdrawal period in the case of a contract for the regular delivery of goods over a fixed period of time is 14 (fourteen) days from the day on which you as the buyer or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.

 

To exercise your right of withdrawal, you must contact us at:

Witali Braslawski
Zwickauer Str. 21
40627 Dusseldorf, Germany

Fax +49 (0)211-742831
E-Mail: info@chess-academy.com

by means of a clear declaration (e.g. a letter sent by mail, fax, or email) about your decision to revoke this contract. You can also use the cancellation form attached below for this purpose, which is, however, not mandatory. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such revocation.

To comply with the withdrawal period, it is sufficient that you send a notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of revocation

If you revoke this contract in respect of all the goods in your order, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 (fourteen) days from the day on which we received notification of your revocation of this contract.

If you revoke only in relation to certain goods, we will refund the purchase price for them. For this repayment, we will use the same means of payment that you used in the original transaction unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment. Unless we have offered to collect or arrange for collection of the goods ourselves in the event of cancellation, we may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

In the case of a contract for the provision of services:
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.

If the consumer has received goods in connection with the contract:
You shall return or hand over the goods to us without undue delay and in any case no later than 14 (fourteen) days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of 14 (fourteen) days.

You shall immediately and in any case no later than within 14 (fourteen) days from the day on which you notify us of the revocation of this contract send goods that can be sent by parcel post exclusively to:

Witali Braslawski
Zwickauer Str. 21
40627 Dusseldorf, Germany

or to hand it over. The deadline is met if you send the goods before the expiry of the 14 (fourteen) day period.

We bear the costs of the return shipment, i.e. the return shipment is free of charge for you if the price of the returned item(s) exceeds an amount of 40 euros. In addition, we will bear the costs of returning such goods which, due to their nature, cannot be returned to us normally by mail (e.g., shipping goods) and will pick up the item from you. You have to bear the costs of the return only if the price of the returned goods does not exceed an amount of 40 euros.

You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.

 

Cancellation form

If you want to cancel the contract, please fill out this form and send it back.

Witali Braslawski
Zwickauer Str. 21
40627 Dusseldorf, Germany

Fax: +49 (0)211-742831
Email: info@chess-academy.com

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

Ordered on (*) ____________ / received on (*) __________________ ________________________________________________________

Name of consumer(s) ______________________________________________________

Address of consumer(s) _____________________________________________________

Signature of consumer(s) (only in case of paper communication) _________________________

Date _________________________

(*) Delete where not applicable

 

Exceptions to the right of withdrawal

For sales of goods that fall under the exceptions of § 312g paragraph 2 BGB, we point out that there is no right of withdrawal for these goods.

These include:

  • Goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
  • Goods that can spoil quickly or whose expiration date would be quickly exceeded.
  • Goods if they have been inseparably mixed with other goods after delivery due to their nature.
  • Sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
  • Sound or video recordings or computer software in a sealed package, if the seal was removed after delivery.
  • Distance contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

This cancellation policy has been in effect since October 2023.

End of the cancellation policy

1. The goods shall remain our property until our claims have been settled in full. In the event of breach of contract by the purchaser, in particular in the event of default in payment, we shall be entitled to take back the delivery item; the purchaser shall be obliged to surrender it. Unless the provisions of the Consumer Credit Act apply, the taking back of the delivery item by us shall not constitute a withdrawal from the contract unless we have expressly declared this in writing. In the event of seizure or other interventions by third parties, the Buyer shall notify us in writing without delay so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). In commercial transactions, we retain title to the delivery item until receipt of all payments arising from the business relationship with the Buyer. The retention of title shall then also extend to the acknowledged balance insofar as we book claims against the Buyer to the current account (current account retention).

2. For dealers, an extended retention of title applies in accordance with § 455 BGB and case law.

1. The statutory warranty of 24 months shall apply. The warranty is limited to rectification of defects or replacement delivery at our discretion.

2. The buyer is entitled to require the cancellation (transformation) of the contract if rework fails several times. In this case, all items and articles shown with an individual price shall be deemed to be independent items, and the rescission or reduction may only be demanded in respect of these.

3. Regarding conversions, the current sales price shall always be used as a basis, but no more than the sales price from the invoice. Liability for any consequential damages, particularly loss of profit, is excluded unless we are guilty of intent or gross negligence.

4. We are not liable for the correctness of technical data, prices, and other offers in manufacturer’s brochures, test reports, etc. (also applies to third-party products and services), to which we made no express reference, we assume no liability.

5. When asserting warranty claims, the following points must be observed in particular:

a) The delivery bill or invoice (or a copy thereof) must be enclosed for processing.

b) The rejected goods are to be made available to us in the original packaging with as exact a description of the defect as possible.

c) Damage caused exclusively by improper handling, maintenance, or improper return, as well as by non-observance of the instructions for use (for software – by acceptance of the license) is not covered by the warranty claims.

d) Damage caused by third-party intervention (e.g. faulty installation due to system intrusion or any device conflicts, virus infection of the program due to Internet/Intranet use, virus infected or damaged hard disk, or similar causes associated with the PC data carrier) as well as damage caused by damaged or faulty operating system of the user are not our responsibility and are also not covered by the warranty claims. We also assume no liability for the installation of the software product under the operating system which was not determined as “suitable for the product” (such recognition can be found on the product packaging or product description.

e) Transport damage must be reported immediately to the responsible transport company.

f) In the sale of used equipment (such as software and books) or in the sale at auction, unless the seller is legally liable or otherwise agreed, any warranty is excluded.

g) The risk of loss or damage on the way to or from the place that accepts the warranty claims or redelivers the repaired software product is undisputedly borne by the buyer, insofar as he has selected an uninsured delivery method.

1. To the buyers of the software or books (exclusively new products of our own development or goods produced by cooperation with other company), that we or another dealer or distributor authorized by us have sold, we provide the manufacturer’s warranty / statutory warranty usually of 24 months from the date of purchase or even more time, but only if it was agreed in writing with us before.

2. To the buyers of the software or books (exclusively foreign products) sold by us, we usually provide only a reasonable warranty guarantee of 24 months from the date of purchase.

3. the warranty starts from the day of the sale of the product (date of purchase) by the seller to the buyer. License agreements for purchased software products are valid immediately from the date of program installation (separate regulation during software installation is displayed as a license agreement at the first program start or can be displayed as a separate file and should be accepted by the user).

1. In commercial transactions, our liability for damages in case of slight negligence is strictly limited to the foreseeable damage. Additional regulations for compensation for damages are usually determined by corresponding license agreements for software products.

2. Claims exceeding the warranty rights, in particular claims for damages, are excluded, unless the cause of damage is due to intent or gross negligence on our part or if we have violated a material contractual obligation.

3. We are not liable for unforeseen damages – except in case of intent. These exclusions of liability shall not apply in the case of the assumption of a guarantee for the quality of an item within the meaning of § 444 BGB, in the case of fraudulent concealment of a defect, in the case of damages arising from injury to life, limb or health and in the case of liability under the Product Liability Act.

1. Delivery: All items are basically available from stock. The minimum invoice value is 15.00 EUR. For first-order prepayment or such payment methods as a bank or postal transfer, direct debit, credit card (we accept VISA, American Express, Mastercard), PayPal payments, payments via Stripe, etc. Creditworthiness provided.

2. Postage costs, shipping methods, insurance methods. Delivery with Deutsche Post AG: From an invoice value of 50.00 EUR is postage-free. The purchase price of 50.00 EUR is included:

a) Shipping (as a letter or as a small package) and packaging of the goods

b) Usual insurance against loss or damage

Payment card fee (applies to all credit cards as well as online payments such as some PayPal, etc.) is included in the purchase price. Parcel fee (applies only to parcel shipping!) and cash on delivery fee (variable, depending on delivery method) are not included in the purchase price and should be added to the final price.

Otherwise, we charge the following flat rates for domestic shipments:

a) Book and merchandise shipments (books/software): 3.95 EUR (including packaging).

b) For orders from 500,- EUR additional 3% discount for payment within 10 days (applies to payments against the invoice as well as for bank transfer, postal transfer, check, prepayment, bank debit, credit card, and PayPal payments).

4. Notification of defects: In the case of obvious defects within 10 days to raise. Missing or damaged items must be reported to us within 24 hours (weekdays!) after delivery by phone or in writing (e-mail is also possible: info@chess-academy.com).

Transport damage: Usually such damages are extraordinarily rare. In case of damage, please act as follows: In any case, leave the goods and packaging unchanged and keep them for inspection! Do not use damaged goods! Report the damage as described below! Please note that the time limit for reporting is limited to 24 hours (working days)!

Damaged packaging: Unpack in the presence of the delivering parcel or UPS messenger and have confirmation of the damage issued.

Packaging flawless, contents damaged:

a) Transport by Deutsche Post: Immediately notify the responsible post office, and request an inspection and a statement of facts. Then inform us.

5) Return of repairs: We usually charge a flat rate of 5.00 EUR including postage and packing, regardless of the invoice amount.

6. Payment: Invoices are generally payable within 14 days net (without discount). The receipt of payment on our accounts is decisive. Foreign banknotes and checks are accepted at the current exchange rate with a deduction of bank charges unless other conditions have been specified in the catalog and store or agreed in writing.

7 Default and reminder costs: The cost of the first reminder is 2.56 EUR. For the second reminder (registered mail) we charge 10.23 EUR. In case of overdue payments, the usual bank interest rates will be charged separately. Since the administrative effort for the collection of due amounts represents a considerable time and thus financial factor, we would like to point out that defaulting customers after a justified second reminder receive goods at best against cash in advance or cash on delivery. If we send you unjustified reminders, please let us know so that we can check our records and correct any errors.

8. Inability to pay: In case of inability to pay, a contractual penalty in the amount of three times the outstanding debt at the time of becoming known will be due additionally and as a precaution.

1. Delivery: All items are basically available for immediate delivery from stock in Düsseldorf, Germany. Minimum invoice value 15,00 EUR. For first-order prepayment or check (creditworthiness required), bank or postal transfer, credit card (we accept VISA, American Express, Mastercard), online payments via PayPal, Stripe, and others. Creditworthiness provided.

2. Postage, delivery methods, insurance: delivery (goods) is usually made with Deutsche Post as an air shipment. Other methods of delivery are also possible and will be specified separately in the order form or agreed upon separately (e.g. in conversation, by fax or by e-mail). Postage costs will be charged separately in this case (the respective delivery location of the recipient and desired delivery time determine corresponding additional postage costs, apply by agreement).

Otherwise, we charge the following flat rates for postage and packaging costs (usually air shipments, as letters or small packages):

a) Delivery within the EU (outside Germany) 5,00 EUR

b) Parcel delivery (several books, software) additional 6,14 EUR

c) Cash on delivery fee (Austria, Switzerland, and Benelux countries): up to 7,67 EUR

d) Bank charges for bank transfers and check deposits as well as credit card fees are usually already included in the sales price. Otherwise, we charge about 5,11 EUR to 10,23 EUR.

3. The purchase price (incl. postage and packing costs) includes:

a) Shipping and packing of the goods

b) Usual insurance against loss or damage (as far as possible)

Parcel fee (applies only to parcel shipping) and cash on delivery fee are not included in the purchase price.

4. Notice of defects: In the case of obvious defects, these must be reported within 10 days. Missing or damaged items must be reported to us by telephone or in writing within 24 hours (working days!) after delivery.

Transport damage: Usually such damages are extraordinarily rare. In case of damage, please act as follows: In any case, leave the goods and packaging unchanged and keep them for inspection! Do not use damaged goods! Report the damage as described below! Please note that the time limit for reporting is limited to 24 hours (working days)!

Damaged packaging: Unpack in the presence of the delivering parcel or UPS messenger and have confirmation of the damage issued.

Packaging flawless, contents damaged:

a) Transport by Deutsche Post: Immediately notify the responsible post office, and request an inspection and a statement of facts. Then inform us.

b) Transport by Hermes or UPS: Inform us immediately; we will inform Hermes or UPS and request an inspection of the delivery.

5. Return of repairs: We charge regardless of the invoice amount and depending on the weight and by country a flat rate of 10.00 EUR (standard delivery, letter or merchandise shipping, uninsured) or 20.00 EUR (delivery is made as a package, uninsured) and 30.00 EUR (delivery is made as a package, insured).

If you want to return an item, please use the original packaging and attach a copy of the invoice or delivery bill.

6. Prices for end customers within the EU – include VAT. Prices are subject to change and correction.

Postage and delivery charges and customary bank fees for bank transfers and check facilities, as well as necessary fees for credit card processing are usually shown separately and included in the final price (i.e. ordered goods + shipping costs (including postage and packaging) if other provisions are not specified in our catalog or store.

Payment: Invoices are generally payable within 14 days without a discount. Decisive is the receipt of payment on our accounts. Unless other conditions have been specified in our catalog or store, foreign notes and checks will be accepted at the current exchange rate less bank charges.

8. The cost of the first reminder is 2.56 EUR. For the second reminder (registered mail) we charge 10.23 EUR. In case of overdue payments, the usual bank interest will be charged separately. Since the administrative effort for the collection of due amounts represents a considerable time and thus financial factor, we would like to point out that defaulting customers after a justified second reminder receive goods at best against prepayment or cash on delivery. If we send you unjustified reminders, please let us know so that we can check our records and correct any errors.

9. Inability to pay: In the event of inability to pay, a contractual penalty in the amount of three times the outstanding debt at the time of becoming known is due in addition and as a precaution.

1. The place of jurisdiction for all disputes arising in connection with the contractual relationship – also from withdrawal as well as from the initiation and processing of the contractual relationship – shall be the competent court of the seller if the buyer is a registered merchant, a legal entity under public law or a special fund under public law. We are also entitled to sue at the general place of jurisdiction of the customer.

2. If the buyer does not have a general place of jurisdiction in Germany or if he moves his domicile or usual place of residence out of the area of validity of the Federal Republic of Germany after the conclusion of the contract, our place of business shall be the place of jurisdiction. This shall also apply if the place of residence or habitual abode of the purchaser is unknown at the time the action is brought.

3. The law of the Federal Republic of Germany as well as corresponding directives of the EU shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply in the relationship between us and the Buyer.

Additional information required by law:

Strengthening of consumer protection

The EU Regulation No. 524/2013 aims to give consumers confidence when shopping online by means of a platform for online dispute resolution. The new platform can be accessed at http://ec.europa.eu/consumers/odr/. Online dispute resolution is thus intended to provide a simple, efficient, fast, and inexpensive out-of-court solution to disputes. The new rule will apply from 09.01.2016.

Privacy policy and further information on the subject of data protection can be found on the data protection page.

Date: October 2023, Location: Dusseldorf, Germany