(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession).
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (4eck Media GmbH & Co. KG , Papenbergstr. 43, 17192 Waren (Müritz), Deutschland , Telefonnummer: +49 174 7330699, E-Mailadresse: info@tutkit.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
The right of withdrawal expires in the case of a contract for the supply of digital content not on a tangible medium, which obliges the consumer to pay a price, if the consumer:
1. has expressly consented to the trader commencing performance of the contract before expiry of the withdrawal period; and
2. has confirmed his knowledge that his right of withdrawal expires with his consent at the beginning of the fulfillment of the contract and
3. the trader has provided the consumer with a confirmation of the contract on a durable medium within a reasonable period of time after the conclusion of the contract, but at the latest when the digital content not on a tangible medium is provided:
- in which the content of the contract is reproduced and
- which states that the consumer has expressly consented to the trader commencing performance of the contract prior to the expiry of the withdrawal period and has confirmed that he is aware that he will lose his right of withdrawal upon commencement of performance of the contract.
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(If you wish to withdraw from the contract, please complete this form and return it to us).
- To 4eck Media GmbH & Co. KG, Papenbergstr. 43, 17192 Waren (Müritz), Germany, e-mail address: info@tutkit.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (4eck Media GmbH & Co. KG ) via the www.tutkit.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
(1) The subject of the contract is the subscription service (membership), which is limited in time for the duration of the contract and provides access to digital content that is not delivered on a physical data carrier (tutorials, video training, work files as well as templates, presets, illustrations, actions, brush tips and textures) to an extent determined by the service description of the respective membership package.
(2) By placing the respective membership package on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: In the case of memberships (subscriptions), the order process for the selected membership package is initiated immediately by clicking the "Order" button on the respective offer. After entering the personal data and the terms of payment, all order data will be displayed again on the order overview page. The digital content intended for purchase is placed in the "shopping cart" by clicking on the "Add content to shopping cart" button on the product page. You can call up the "Shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal details and payment conditions, the order details will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(1) The digital content offered is protected by copyright. You will receive a license of use from the respective licensor for each digital content purchased from us. The type and scope of the license of use can be found in the license terms specified in the respective offer and the "Terms of Use" button.
(2) Unless otherwise stated in the respective offer, you will receive a simple license of use. This includes a non-exclusive, perpetual right of use, in particular permission to save and/or print a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent out the contractual digital content or parts thereof or to sublicense, publicly reproduce or otherwise make it accessible or otherwise make it available to third parties, whether for a fee or free of charge.
(1) The digital course content offered by us is protected by copyright. When making the digital content available for streaming, you will receive the license of use described in paragraphs 2 and 3, unless otherwise stated in the respective offer.
(2) You will only receive access to the digital content in the form of streaming and, unless otherwise agreed, only for your personal, non-commercial use and only to the extent specified and permitted by the normal technical functionality of the service. Streaming means the digital transmission of content via the internet to a user-operated internet-enabled device in such a way that the data is intended for real-time viewing, but not for (permanent or temporary) downloading, copying, saving or redistribution by the user.
(3) Once the digital content has been made available for streaming, the user license is valid for the duration of the contract term, unless a different validity period - also referred to as "term" (or similar) - is specified in the respective offer. You have access to an unlimited number of reruns within this license period.
(1) The subscription contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the subscription contract is not terminated by one of the parties one month before the end of the basic term (unless a shorter period is stipulated in the respective offer), it shall be tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter notice period is stipulated in the respective offer).
(3) The right to terminate without notice for good cause remains unaffected.
(4) Each termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Adjust contract (upgrade/termination)" or similar designation).
If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(1) The statutory warranty rights apply.
(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
(a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the digital content, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances indicate otherwise.
c) The warranty period is one year from delivery of the digital content. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the digital content;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
4eck Media GmbH & Co KG
Papenbergstr. 43
17192 Waren (Müritz)
Waren (Müritz) Germany
Phone: 01747330699
E-mail: info@tutkit.com
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at http://ec.europa.eu/consumers/odr/. We are not prepared to participate in dispute resolution proceedings before consumer arbitration boards.
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online ordering process, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
The essential characteristics of the goods and/or services can be found in the respective offer.
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 There are no shipping costs.
5.3 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
The conditions for provision, the date of provision and any existing restrictions on provision can be found under a correspondingly designated button on our website or in the respective offer.
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
Information on the term of the contract and the termination conditions can be found in the "Contract term / termination for subscription contracts" provision in our General Terms and Conditions (Part I) and in the respective offer. These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https: //www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Here you will find our information on compatibility and interoperability.
Commenting/rating content on TutKit.com is only possible for logged-in members, whereby the authenticity of the author of the rating is verified by the system to ensure that no fake ratings are made on our content. Furthermore, the TutKit.com team is informed about new reviews of our content by the system for individual verification. Reviews verified by us are declared as such by the system (in the backend).
last update: 16.06.2023