General Terms and Conditions - Deutsche Version hier
General Terms and Conditions for Legal Transactions of Almanach GmbH
Contact:
Almanach GmbH
Kolonnenstraße 8
D-10827 Berlin
Email: contact@almanach.app
Berlin-Charlottenburg District Court: HRB 248033 B
Managing Director: Jakob Flechtmann
1. General Provisions
1.1 Scope
These General Terms and Conditions ("GTC") apply to all contracts concluded between Almanach GmbH ("Almanach") and its customers regarding digital educational materials, regardless of the communication method.
1.2 Orders
1.2.1 Customers place orders with Almanach GmbH, Kolonnenstraße 8, D-10827 Berlin. Almanach is the contractual partner. A contract is only concluded upon confirmation of the order by Almanach. Our support team is available on weekdays from 10:00 AM to 6:00 PM at Almanach GmbH, Kolonnenstraße 8, D-10827 Berlin, or via email: contact@almanach.app.
1.2.2 The application of the customer's own GTC that deviate from these terms is expressly rejected.
2. Conclusion of Contract
2.1 Binding Purchase Offer
The pages accessible on the platform learn.almanach.app with product offers do not yet constitute an offer to conclude a contract. By submitting their order, the customer makes a binding offer to Almanach to conclude a purchase contract regarding the contents of their shopping cart. The contract text is not stored by Almanach. However, Almanach will immediately confirm receipt of the order by email to the email address provided by the customer. The order confirmation does not constitute acceptance of the offer, but merely informs the customer that their order has been received by Almanach.
If you do not receive the confirmation email promptly, please contact contact@almanach.app so we can investigate.
2.2 Formation of Contract
2.2.1 Student Access
A contract between the customer and Almanach is concluded - unless otherwise specified in section
2.2.2 - when Almanach expressly accepts the purchase offer submitted by the customer via the online shop or by email through an order confirmation. A mere automatic acknowledgment of receipt of the order does not yet constitute an order confirmation.
2.2.3 Teacher Access
A contract is concluded, if the customer orders products intended exclusively for teachers according to Almanach’s information, deviating from section 2.2.1 only after verification of the customer's eligibility to order the products, possibly through an introductory meeting with Almanach and subsequent confirmation by Almanach. After confirmation, Almanach additionally sends the customer an invitation to the iSpring platform, where the customer can use the materials for conducting lessons.
2.2.4 School Access
A contract between the customer and Almanach is concluded when Almanach expressly accepts the purchase offer submitted by the customer via the online shop or by email for the purpose of resale to third parties through an order confirmation. A mere automatic acknowledgment of receipt of the order does not yet constitute an order confirmation.
2.3 Purchase Contract
A purchase contract is only concluded when Almanach dispatches the ordered product to the customer.
3. Special Provisions
3.1 Special Provisions for Teacher Accounts
Teacher accounts are products provided exclusively to teachers for use in educational settings. Customers must not share these accounts with third parties, either free of charge or for a fee. Violation of this provision may result in account suspension and potential legal action by Almanach.
3.2 Special Provisions for Resellers (School Accounts)
School accounts are products intended for schools and organizations. By placing an order, the purchaser accepts the following terms for resellers. Any exceptions must be agreed upon with Almanach in writing.
3.2.1 Orders will be processed as quickly as possible. However, no commitment is made to meet a specific delivery date. Almanach assumes no responsibility for correct and timely delivery in the case of unclear order specifications. Cancellations and order changes are only considered if received before the original order has been processed.
3.2.2 Operational disruptions or other obstacles beyond our control may cause delays. In such cases, we strive to fulfill the order as soon as possible. We are not liable for any damages resulting from these delays.
3.2.3 Almanach creates all digital products with the greatest possible care. Nevertheless, it cannot be ruled out that factual or linguistic errors (e.g., printing, writing, or calculation errors) may occur. Minor errors that only insignificantly impair the suitability of the products for the contractually intended use do not constitute defects within the meaning of statutory warranty rights, provided they are not due to intent or gross negligence. Any further liability for damages, especially losses of customers or sales by the reseller due to minor errors in the products, is excluded.
3.2.4 Products already obtained by resellers may only be returned upon written request and written approval from Almanach, and only if other products of equal value are purchased in exchange. Image and audio carriers, as well as already activated digital products, are generally excluded from returns. For approved returns, Almanach reserves the right to charge a processing fee of 10% of the retail price.
3.2.5 We reserve the right to change prices. Price changes will be communicated via email to the provided email address before they take effect.
4. Use of the Customer Account and Retrieval of Digital Products
4.1 To use the purchased digital products, a personal customer account on Almanach’s platform may be provided. Access is granted via the login details provided by the customer during registration.
4.2 The customer is obliged to keep their login details confidential and not to grant third parties access to their customer account. Sharing login details or usage by multiple individuals is not permitted.
4.3 Through the customer account, the customer can retrieve and use the purchased digital products within the scope of the contractually agreed usage. Almanach reserves the right to temporarily or permanently block access to the customer account if there are specific indications of misuse.
4.4 Almanach is entitled to carry out maintenance work on the platform. This may lead to temporary restrictions on access to the customer account and digital products. Almanach will endeavor to carry out such maintenance work as user-friendly as possible.
5. Customer Right of Withdrawal
5.1 For contracts concerning the delivery of intangible digital content (e-books, e-papers, software downloads), the customer must consent to the commencement of contract execution before the withdrawal period expires. The right of withdrawal expires early according to § 356 (5) BGB if the customer has expressly agreed to the contract execution before the withdrawal period ends (through access activation or download provision) and has acknowledged that they will lose their right of withdrawal.
5.2 For orders that include multiple products, the applicable withdrawal policy applies separately to each product.
5.3 Withdrawal Policy
You have the right to withdraw from this contract within fourteen days without stating any reason. The withdrawal period is fourteen days from the date the product is made available.
To exercise your right of withdrawal, you must inform us (Almanach GmbH, Kolonnenstraße 8, D-10827 Berlin, Email: contact@almanach.app) through a clear statement (e.g., a letter sent by post or email) regarding your decision to withdraw from this contract. You may use the attached sample withdrawal form, but its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notice of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you promptly and no later than fourteen days from the date we receive your withdrawal notice. Refunds will be made using the same payment method used in the original transaction unless otherwise expressly agreed. No fees will be charged for the refund.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)
To: Almanach GmbH, Kolonnenstraße 8, 10827 Berlin, Email: contact@almanach.app:
I/we () hereby withdraw from the contract concluded by me/us () regarding the purchase of the following goods () / the provision of the following service ():
Ordered on () / received on ():
Your name:
Your address:
Your signature (only if notifying on paper):
Date:
___
(*) Delete as appropriate.
The EU Commission provides a platform for online dispute resolution, which you can access at http://www.ec.europa.eu/consumers/odr.
6. Copyrights and Rights of Use
6.1 All content and offered products displayed on the website www.almanach.app and the platform learn.almanach.app and their subpages are protected by copyright and must be respected by the customer. The customer may only use the content and products as permitted below.
6.2 The customer is granted only the right to use the content and products for personal use. If an order is placed by a reseller (i.e., if the customer orders the product on behalf of a school), this right does not apply to the school. Any further use (e.g., further reproduction, distribution, granting program access to third parties) is prohibited.
6.3 All usage rights for published content in all media formats (online and offline) remain solely with Almanach. The reproduction or use of images, graphics, sound documents, video sequences, and texts in other electronic or printed publications is therefore not permitted without the express consent of the rights holder.
6.4 All trademarks and other designations mentioned within Almanach's online offerings and products, which may be protected by third parties, are subject to the respective applicable trademark laws and the rights of the respective owners. The mere mention of a trademark does not imply that it is not protected by third-party rights.
7. Prices and Payment Terms
7.1 The prices listed on the Almanach website are in Euros and include German VAT. No specific foreign currency prices exist unless explicitly stated.
7.2 For orders via the online shop, payment options include credit card (VISA, MasterCard, Amex), Apple Pay, Google Pay, Link Pay, Paypal, and bank transfer (immediate transfer). If the customer does not order via the online shop (e.g., by email), payment is only possible via prepayment.
7.3 When paying via the online shop, we immediately collect the full invoice amount, regardless of whether the ordered titles are available immediately or later.
7.4 In individual cases, Almanach reserves the right to exclude one or more of the aforementioned payment options or to require prepayment.
8. Warranty
8.1 The statutory warranty regulations apply.
8.2 Downloading software and documents from the online shop is at the customer’s own risk. Almanach is not liable for any damages resulting from the installation or use of downloaded files. Almanach is also not liable for damages and impairments caused by computer viruses unless they are due to gross negligence or intent.
8.3 The use of downloaded digital content is at the customer’s own risk. Almanach assumes no liability for defects resulting from the use or download of digital products (e.g., e-books, software, e-papers, documents) unless the defects are due to intent or gross negligence on our part. We are not liable for errors arising from the use of the product on the customer's device unless the error is due to a defect in the product itself. If a product has defects or errors, we will, at our discretion, either provide a free replacement or refund the purchase price of the defective product, as required under statutory warranty obligations.
8.4 The use of the internet or other networks in connection with the ordered products is also at the customer's own risk and expense. If Almanach has linked to third-party websites, Almanach points out that it has no influence on the content and design of these third-party websites. Therefore, Almanach accepts no liability for the content of these third-party websites and does not adopt their content as its own.
9. Data Protection
By using our website and services, you agree to our privacy policy, which describes how your personal data is processed. Further details can be found in our privacy policy at https://almanach.app/privacy-policy.
10. Governing Law
These GTC and the legal relationship between Almanach and the customer are subject to the laws of the Federal Republic of Germany. The contract is concluded in German.
11. Amendments to these GTC
11.1 Almanach reserves the right to amend these GTC at any time for factual reasons, especially to adapt to legal requirements or new services, with effect for the future. If there is an ongoing contractual relationship between Almanach and the customer, the following regulations apply.
11.2 In the event of an amendment, Almanach will send the customer the amended GTC, highlighting the changes typographically, either by email or (once this function becomes available) as a message in the personal inbox on the platform of Almanach (learn.almanach.app). The changes to the GTC are deemed approved by the customer if the customer does not object to the changes in writing or by email within one month after receipt of the change notification. Silence on the part of the customer regarding the changed GTC thus constitutes express consent to the amendments. Almanach will point out the significance of the one-month period in the change notification.
11.3 Any objection by the customer to the changes to the GTC should be addressed to:
by letter: Almanach GmbH, Kolonnenstraße 8, D-10827 Berlin
by email: contact@almanach.app
11.4 If the customer exercises the right of objection, the changes to the GTC are considered rejected, and the contractual relationship will continue based on the original GTC. In this case, however, Almanach is entitled to terminate the contractual relationship for good cause.
12. Severability Clause
Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. In such cases, the parties will strive to agree on a valid provision that comes as close as possible to the economic purpose of the invalid provision.
Effective Date: April 28, 2025
© 2025 Almanach GmbH - Kolonnenstraße 8 - Berlin 10827