A Mini Course in Training Design
Language: English
Published by iUniverse, 2011
- Softcover
- New

Seller: moluna, Greven, Germanymoluna
AbeBooks seller since July 9, 2020
Condition: New
US$ 19.75
Quantity: Over 20 available
Add to basketItem description from seller
Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. KlappentextrnrnIf you want to learn how to bring the best performances out of the people who surround you, then this straightforward guidebook on human resource development provides you with the tools you need to cause positive change.nnPeople n.
Seller Inventory # 447832190
- Title
- A Mini Course in Training Design
- Author
- Welch Sr. Edd, William A.
- Publisher
- iUniverse
- Publication year
- 2011
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1462046614
- ISBN 13
- 9781462046614
- help people develop confidence, vigor, and zeal to meet challenges;
- write the best performance criteria;
- establish an atmosphere where learning is always promoted.
All supervisors must take responsibility in helping their employees meet expectations and become successful professionals. This also applies to ministers, rabbis, imams, and other leaders who encourage people to lead more productive and satisfying lives. Regardless of whether you are a human resource professional, it's imperative that you rise to the challenge and take the necessary steps to help others rise to their potential. Learn how to do it step by step with A Mini Course in Training Design. It provides guidance on how you can become a motivational force. Through human resource development tools, you can develop qualities such as expertise, empathy, and enthusiasm that will help you to develop training methods specialized to your purpose and to your people.
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
A Mini Course in Training Design
A Simple Approach to a Not-So-Simple SubjectBy William A. Welch Sr.iUniverse, Inc.
Copyright © 2011 William A. Welch Sr., EdD.All right reserved.
ISBN: 978-1-4620-4661-4
Contents
INTRODUCTION.............................................................XITHE BOOK, IT'S FORMAT, AND FOR WHOM IT IS INTENDED.......................XII. THEORY AND PRACTICES IN ADULT LEARNING................................1ADULT EDUCATORS AND DEFINITIONS OF ADULT EDUCATION.......................3CRITICAL REFLECTION AND TRANSFORMATION LEARNING..........................4ON BECOMING A MOTIVATIONAL FACILITATOR...................................6A POWER RELATIONS APPROACH TO ADULT LEARNING.............................8II. PERFORMANCE NEEDS ASSESSMENT.........................................11SELF-PREPARATION.........................................................11ASSESSING THE CLIENT'S NEEDS.............................................13METHODS AND TECHNIQUES OF NEEDS ASSESSMENT...............................20III. PERFORMANCE OBJECTIVES..............................................28TERMINAL OBJECTIVES......................................................28ENABLING OBJECTIVES......................................................29REQUIREMENTS OF A PERFORMANCE OBJECTIVE..................................29LEARNING DOMAINS.........................................................34IV. ACTIVITIES TO ACHIEVE THE PERFORMANCE OBJECTIVES.....................42THE EXPERIENTIAL APPROACH................................................44V. FACILITATION..........................................................57DIMENSIONS OF FACILITATOR EFFECTIVENESS..................................57VALUES-BASED FACILITATION................................................66USING DVDS...............................................................69VI. EVALUATION AND CLOSURE...............................................71CLOSURE..................................................................74VII. ESTABLISHING THE LEARNING ATMOSPHERE................................76VIII. ESTABLISHING THE LEARNING CONTRACT.................................82IX. PUTTING IT ALL TOGETHER: A SAMPLE DESIGN.............................85TERMINAL OBJECTIVE.......................................................85ESTABLISHING THE LEARNING ATMOSPHERE.....................................87ESTABLISHING THE LEARNING CONTRACT.......................................88ACTIVITIES TO ACHIEVE THE PERFORMANCE OBJECTIVES.........................89EVALUATION...............................................................96X. A PERSONAL WORD FROM THE AUTHOR.......................................97BIBLIOGRAPHY.............................................................99
Chapter One
THEORY AND PRACTICES IN ADULT LEARNINGIt is important and appropriate to begin our brief journey into the development of learning activities by exploring some of the basic fundamentals of adult learning. It is, after all, the adult population that we are primarily concerned about in this book. Additionally, "for the first time in our society, adults outnumber youths, there are more older adults, the population is better educated than ever before, and there is more cultural and ethnic diversity" (Merriam, Caffarella, & Baumgartner, 2007, p. 7). This change provides many opportunities and challenges. It provides opportunities to serve a vast market and challenges to design and deliver learning experiences to a complex mixture of clients whose needs are equally as diverse as they themselves are.
For decades, whenever the subject of adult learning has surfaced, one name immediately comes to mind: Malcolm Knowles. Synonymous with that name is the term andragogy. There is no single theory that explains all adult learning, although there have been and continues to be considerable effort directed toward that end. Knowles (1984; 1992; 1998) presented his concept of andragogy offering a difference between the learning styles and needs of children and adults. He describes the two approaches, pedagogy and andragogy, which in my view have also been misinterpreted as a dichotomy, an either/or approach to teaching, facilitating learning for children and adults. The word itself comes from the Greek words paid, meaning "child," and agogus, meaning "leader of," literally translated together meaning the art and science of teaching children (Knowles, Holton, & Swanson, 1998).
In the pedagogy approach the teacher decides what the learner needs to know and proceeds to develop and deliver the instruction designed to relieve the knowledge or skill deficiency. It is assumed that children have little if any experience that the teacher needs to consider in the teaching process. The assumption that the learner has little relevant knowledge of the subject being taught or any particularly relevant life experience that needs to be considered would create a real dilemma for anyone teaching adults. "To adults, their experience is who they are. In any situation in which adults' experience is ignored or devalued, they perceive this as not rejecting just their experience, but rejecting them as persons" (Knowles et al., p. 58). Horton and Freire (1990) insist that "you can't say you respect people and not respect their experiences" (p. 178).
After a brief review of the foregoing we come easily to the conclusion that there are situations in which adults need a pedagogical approach and children an andragogical approach. It is more about what the learner knows, his or her experience and or training in a given area, that controls the decision as to which approach is more suitable.
The andragogical approach does in fact take into account the experiences of the learner. It makes several assumptions about the learner, among them that they "have a self-concept of being responsible for their own decisions, for their own lives" (Knowles, et al., 1998, p. 65). Knowles offers additionally the following assumptions on which the andragogical model is based:
* Adults need to know why they need to know a particular thing or have a particular skill before they move to learn it.
* They become ready to learn in order to cope with real-life situations. Readiness, Knowles points out, is associated with moving from one developmental stage to another.
* They are life-centered in their orientation to learning in contrast with their youthful counterparts, who are more subject-centered oriented.
* Adults are motivated more by internal pressures, such as job satisfaction, self-esteem, and quality of life, than by external motivators, such as better jobs, promotions, or higher salaries.
It must be said at the outset that Knowles's assumptions have been seriously questioned by many, among them Brookfield (1996), Merriman, Mott, & Lee (1996), Hanson (1996), and Merriam, Cafferella, & Baumgartner (2007). In fact Brookfield questions whether andragogy is a theory at all. Perhaps the last word should be that of Knowles himself when he stated that he "prefers to think of [andragogy] as a model of assumptions about learning or a conceptual framework that serves as a basis for an emergent theory" (Knowles, 1989, p. 112).
One difficulty for some in using the andragogy/pedagogy continuum is where to place a particular adult on the continuum. After all, we know that most adults do not develop in all aspects at the same pace and thus may be quite self-directed about one set of responsibilities and far less self-directed in another. Additionally there are probably wide variations among the self-directedness of all of them. What tools can be utilized to make decisions as to the different levels of knowledge, experience, and motivation the learner brings to the session?
The SLII (Blanchard, Zigarmi & Zigarmi) model, for example, has two extremes and two points in between. The points regarding the development levels of the learner/follower are clearly identified at each level, which helps in deciding the needs of the learner as well as how to facilitate the learning experience. It provides a clear process by which persons may be led from incompetence to competence or from one level of competence to another by having solid cues as to when direction and/ or support is needed and at what levels of intensity. It would be safe to assume that participants come to a learning session at differing levels of competence and motivation to learn and therefore are at different points on the andragogy/pedagogy continuum. The facilitator must then identify where the participants are and deal with them accordingly. The objective would be to assist them toward becoming self-directed human beings.
Adult Educators and Definitions of Adult Education
Included in the writer's concept of adult educator are those who teach adults in educational institutions, religious leaders, facilitators/ trainers, supervisors, managers, or anyone who has as a job or volunteer responsibility for teaching adults. They are included because I believe that understanding basic fundamentals of adult learning is an indispensable part of the competency required for the work they must do. I believe also that it is important that we have a definition of adult education that we can ascribe to. I have accepted the view from Brookfield "as a dialogue among equals, an endeavor in cooperative learning" (1995, p. 208). I accept as well the position of Linderman, who gave the following definition of adult education: "A cooperative venture in nonauthoritarian, informal learning, the chief purpose of which is to discover the meaning of experience; a quest of the mind which digs down to the roots of the preconceptions which formulate our conduct" (Linderman, 1925, p. 3). He further insists that education "begins not with subject matter but with the situations and experiences which mold adult life ... a method whereby the experiences and ideologies of adults are freed from traditional bonds" (p. 33).
Merriam, Caffarella, and Baumgartner (2007) provide what they term the main goals of adult learning: 1) to enhance the abilities of adult learners to be self-directed in their learning, 2) to foster transformational learning as central to self-directed learning, and 3) to promote emancipatory learning and social action as an integral part of self-directed learning.
Critical Reflection and Transformation Learning
Brookfield's (1995) position would appear be a precursor to Merriam, Caffarella, and Baumgartner (2007) and to flow directly from and directly support Linderman, whose words were written in the first quarter of the last century of the last millennium. "Teachers have a choice either to work in ways that legitimize and reinforce the status quo or in ways that liberate and transform the possibilities people see in their lives" (Brookfield, 1995, p. 209). Brookfield is one of the preeminent contributors to the adult learning theory of transformation learning and critical reflection, particularly in teaching. Critical reflection is "a critique of the presuppositions on which our beliefs have been built" (Mezirow, 1990, p. 1). Reflection becomes critical when it has two distinctive purposes: first, to understand how considerations of power undergird, frame, and distort the workplace processes and interactions; and second, to question assumptions and practices that seem to make our working lives easier but actually work against our long-term best interest (Mezirow, 1990).
Mezirow (2000) defines learning as "the process of using a prior interpretation to construe a new or revised interpretation of the meaning of one's experience in order to guide future actions" (p. 5). We then have as our charge the responsibility of creating the opportunities for persons to revisit experiences, honestly question their present views, feelings, and assumptions about them, and conclude whether or not they still see them in the same light. So learning becomes a series of reinterpretations of our experiences. Such reinterpretations may well change how we see the world around us. This is what Cranton (1996) terms "the process of emancipatory learning—becoming free from forces that have limited our options, forces that have been taken for granted or as seen beyond our control" (p. 2). Transformative learning occurs when an individual has reflected on assumptions or expectations about what will occur, has found these assumptions to be faulty, and has revised them. They have transformed their way of viewing a particular premise (Cranton, 1996; Mezirow, 1990).
In the workplace, we are constantly attempting to transform how persons not only perform but how they feel about work, processes, coworkers, and so on. Religious leaders have, among others, the tasks of changing how individuals see themselves and their concept of humankind in their relationship to God. The whole issue of diversity, from persons with challenging conditions to people who are racially different, requires us to seek changes in the way some see and behave toward others that are different. We are all involved in some kind of effort directed at some kind of transformation.
Much of how we see the world is greatly influenced by our meaning perspectives, which are primarily "uncritically acquired in childhood through the process of socialization, often in the context of an emotionally charged relationship with parents, teachers, or other mentors" (Mezirow, 1990, p. 3). Adulthood is the time for reassessing the assumptions of our formative years that have resulted in distorted views. We can help persons transform their meaning schemes through helping them reflect upon anomalies. As referenced before, these reinterpretations cover the gamut of our experiences. We learn to the extent that we are able to reflect upon our assumptions and behaviors and make determinations as to their fitness for us at a given moment. How we supervise subordinates, specific initiatives we have taken with them, or reactions we have had to them have all been subjected to our critical review from time to time and have sometimes resulted in our becoming better at supervising/leading people. Becoming skilled at helping others take better advantage of this method will help them learn more powerfully from their experiences throughout life.
On Becoming a Motivational Facilitator
Much is said about motivation in facilitating adult learning. How can I become a more motivating presenter? This question is continually raised. Motivation is an internal drive. I am of the view that while we cannot motivate persons, we may create an environment that is conducive for persons to act on their motivational tensions. We may also help create a realistic expectancy that making the necessary effort to achieve the outcome that they are motivated to seek is in fact a realistic one, thus making it more probable that the effort will be made.
Wlodkowski (1985) offers five critical assumptions for helping adults want to learn. In his first assumption he states that "people are always motivated" (p. 12). When we dismiss persons as not being motivated, he would insist that "it is more accurate to say, `This learner is not motivated to learn with me'" (p. 12). We then are left with the problem of identifying the why of that condition and finding ways to overcome it. Wlodkowski further offers four of what he terms cornerstones on which he suggests our efforts to become a motivating instructor/teacher/facilitator can rest: expertise, empathy, enthusiasm, and clarity. He offers these as skills to be developed, not as traits or abstractions. He insists that they can be learned as other skills are learned.
Expertise
We certainly will not find any arguments against anyone being prepared, being thoroughly knowledgeable in their chosen fields. It also follows that it is this perception on the part of the learners of the instructor's competence that encourages them to at least pay attention, which allows the instructor to further engage them toward acting on their motivational tensions. It is important for us to critically evaluate how we demonstrate our expertise. If we have a presentation style that belies our level of knowledge or skill in a given area, we will not be perceived as having any.
Empathy
Certainly anyone working with adults needs to be understanding of the kinds of dilemmas, feelings, frustrations, issues, and fears many of the adult learners bring with them to the learning environment. How do we construct learning modules and develop presentation plans without this ability? How can we be sensitive to the various undercurrents so common in the learning environment? How do we become alert to the learner's needs? Without understanding their needs, we will not understand their reactions to what we present.
Schwarz (2002) offers a very important distinction regarding the conception of empathy/compassion. He asserts that compassion "is sometimes mistakenly thought of as having pity for others. Pity leads you to help protect others such that in the long run it is not helpful and leaves people less protected" (p. 88). Swartz goes on to say the best help is that which "enables you to have empathy for others and yourself while holding yourself and others accountable for action rather than unilaterally protecting others or yourself" (p. 88).
Wlodkowski (1985) points out that "adult needs and expectations for what they are taught will powerfully influence how they motivationally respond to what they are taught" (p. 23) The more their needs and expectations are met by what and how they learn, the more they will be motivated to learn. Conversely, the more often their needs and expectations are not met, the lesser the chances that they will be motivated to learn. Our group and individual management capabilities will be seriously deficient without strong empathic skills particularly of the type that Schwarz (2002) mentions in the preceding paragraph.
Enthusiasm
If you have ever heard or seen a truly great speaker or tuned in to one of the more popular evangelists, what comes across immediately is their enthusiasm for whatever they happen to be advocating. What comes through equally as strongly is the tremendous response they receive from their audiences. People are "up," interested, asking for more. Enthusiasm increases believability, signals a sense of commitment on the part of the facilitator, and enhances learner motivation. It causes people to pay attention, to listen. Once they begin to listen, most of the battle is won. Once they begin to feel it so is the war.
(Continues...)
Excerpted from A Mini Course in Training Designby William A. Welch Sr. Copyright © 2011 by William A. Welch Sr., EdD.. Excerpted by permission of iUniverse, Inc.. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
"About the title" may belong to another edition of this title.
Shipping rates from Germany to U.S.A.
| Item | 16 to 45 business days | 16 to 45 business days |
|---|---|---|
| First item | US$ 56.16 | US$ 56.16 |
Payment methods
- Bank Wire Transfer
- Check
- Paypal
Store description
Online Handel nur mit Neubüchern
Seller's business information
Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
-
To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
-
I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
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 in case of a notification on paper)
-
Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If an article is placed by us with AbeBooks or ZVAB, the activation of the page on AbeBooks or ZVAB shall involve the binding offer to conclude a contract under the terms and conditions contained in the article page.
(3) The contract shall become effective via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
Before submitting the order, you have the ability once more to review or change any information here (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the “Buy now” button to submit the order, you declare your legally binding acceptance of the order which makes the contract effective.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be 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.
(4)
Insofar as 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 goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
- Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
- Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022