In principle, the statutory right of cancellation applies. Accordingly, the customer has the right to cancel his contractual declaration within 14 days of concluding the contract without giving reasons.
To exercise the right of cancellation, the customer must inform us of his decision to cancel this contract by means of a clear declaration (e.g. by post, telephone, e-mail).
To comply with the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the expiry of the cancellation period
If the customer cancels this contract, we must refund all payments that we have received from him, including delivery costs, immediately and at the latest within fourteen days from the day on which beAlien receives notification of the cancellation of this contract. For this repayment, beAlien shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; under no circumstances shall fees be charged for this repayment.
Notwithstanding the above, the right of cancellation for digital content (e.g. setups) shall expire as soon as beAlien has begun to fulfil the contract and the customer has expressly agreed that beAlien may begin to fulfil the contract before the expiry of the cancellation period. The fulfilment of the contract begins with the provision of the download in the customer area on the website in accordance with § 5 Para. 1 T&C.
Furthermore, the right of cancellation for services (e.g. coaching) shall expire with the complete provision of the service if the customer has expressly agreed before the start of the provision that beAlien will begin with the provision of the service before the expiry of the cancellation period and has confirmed its knowledge that its right of cancellation shall expire with the complete fulfilment of the contract by beAlien.
The above exceptions do not apply if expressly agreed otherwise.
The customer expressly recognises that all intellectual property rights relating to the products, services and/or the website belong to beAlien, its suppliers or other claimants.
Intellectual property rights shall be understood to mean patent, copyright, trade mark, trade name and model rights and/or other (intellectual) property rights, including sui generis rights in databases or other products as well as technical and/or commercial know-how, methods, concepts and trade secrets, whether patentable or not.
With regard to products and/or services that beAlien uses or has used or has developed or developed in connection with the contract and for which beAlien owns or can assert the copyrights or other intellectual property rights, it reserves all intellectual property rights.
Without the express written consent of beAlien, the customer is not permitted to pass on, reproduce and/or utilise products and/or services, regardless of whether this is done with the involvement of third parties or not. These products include setups, telemetry, advice, reports, working methods, (model) contracts, brands and logos and other intellectual products of beAlien, in the broadest sense of the word. The customer may only reproduce the documents for his own use if this is reasonable in the context of the purpose of the contract.
BeAlien declares to the best of its knowledge and belief that the products and/or services supplied by it do not infringe any intellectual property rights of third parties applicable in Germany. If proceedings for infringement of such rights have been instituted or there is a possibility thereof, beAlien may, at its own discretion, inter alia, replace or modify the brand or product in question or acquire the right to continue using that brand or product or terminate the contract in whole or in part, in which case the price paid by the customer for the product and/or service in question shall be refunded to the customer, if necessary with the retention of an appropriate reduction in value.
The customer shall notify beAlien in writing as soon as possible of any liability claim or action brought against it based on an allegation that the goods sold by beAlien infringe valid intellectual property rights. BeAlien accepts no liability for infringement if the infringement is related to the customer having adapted or modified a product and/or service in breach of the above provisions without the express written consent of beAlien.
