1. scope of application
These General Terms and Conditions apply to the contracts concluded by Schaufelmann GmbH, Sandershäuser Straße 87 b, 34123 Kassel (hereinafter referred to as Schaufelmann) and the training participant for seminars. Included in the scope of these General Terms and Conditions are online seminars and also in-house trainings.
An online seminar is an interactive online training course in which content is conveyed by Schaufelmann via the ZOOM video conferencing software with a predefined start and end time. Participants follow the event on their own workstations/computers or other suitable own end devices. In-house trainings are trainings at the location of the respective customer in presence.
These general terms and conditions are addressed to entrepreneurs in the sense of § 14 para. 1 BGB and also to consumers in the sense of § 13 BGB. Schaufelmann shall not participate in any dispute resolution proceedings before a consumer arbitration board. Deviating general terms and conditions of the customer shall only apply if Schaufelmann has expressly agreed to them in writing.
2. scope of services /
terms of payment
Content, participant fee and time of the online seminar result from the information on the website and in the online booking form. Payment is made in advance against invoice and must be paid at the latest on the day before the start of the seminar in the case of online training or at the latest 3 days before the start of the seminar in the case of in-house training. The invoice will be sent electronically by e-mail before the seminar. In the case of registrations at short notice, the customer may send proof of payment to Schaufelmann by e-mail before the start of the seminar. The invoice shall contain the respective valid gross final price (net price plus statutory VAT).
3. registration/multiple participants
Registration for the respective online seminars takes place via the online booking form on the homepage of the seminar provider. There, the customer can initiate the registration process for the online seminar selected by him by clicking on the button "Please select your seminar". Within the registration process, the customer must enter the required (contact) data and participants and complete the registration for the online seminar by clicking the button "Participate in online seminar". The customer can correct input errors at any time using the existing buttons/navigation buttons before clicking the aforementioned button "Join the online seminar".
By registering, the customer submits a binding offer to Schaufelmann GmbH to conclude the contract for participation in the desired online seminar. Schaufelmann GmbH will confirm receipt of the registration within 48 hours by e-mail and check whether the participant quota has not already been exhausted. The registration in the above sense does not constitute a contract between Schaufelmann GmbH and the customer. After checking the participant quota, Schaufelmann GmbH will accept or reject the customer's offer to conclude a contract on participation in the desired online seminar by means of a binding booking confirmation in text form. The contract shall only be concluded through a binding booking confirmation in text form.
During the registration process via the ZOOM video conferencing software, each participant enters his or her first and last name in the name field at the start of the seminar. For multiple participants on one terminal/computer, the company name must be entered in the name field. Registration for the respective in-house training courses must be made by telephone, in writing or by e-mail. After checking the contingent of participants, Schaufelmann will accept or reject the customer's offer to conclude a contract on participation in the desired in-house training by means of a binding booking confirmation in text form. The contract shall only be concluded through a binding booking confirmation in text form.
Each participant in the face-to-face seminar requires a separate registration for the training. For this purpose, Schaufelmann prepares a list of participants, which the commissioning company fills out and returns to Schaufelmann. On the day of the seminar, each training participant confirms his or her attendance by signing an attendance list.
4. cancellation of seminars / reservation of right to change
Schaufelmann reserves the right to cancel an online seminar due to insufficient demand or number of participants no later than 5 working days before the scheduled seminar date or for other important reasons for which Schaufelmann GmbH is not responsible (e.g. unforeseeable illness of the speaker, force majeure). Schaufelmann shall endeavor to arrange an alternative date with the respective customers. Should this not succeed, Schaufelmann will refund the participation fee already paid.
Further liability and compensation claims which do not concern injury to life, body or health shall be excluded, unless there is intent or gross negligence on the part of Schaufelmann. The liability of Schaufelmann GmbH under the Product Liability Act shall remain unaffected.
Schaufelmann reserves the right to make necessary changes to the content and/or organization before or during the seminar, provided and to the extent that these do not significantly change its overall character. If necessary, Schaufelmann GmbH shall be entitled to replace designated trainers with trainers of equal qualification. Schaufelmann also reserves the right to conduct the in-house training planned as a face-to-face seminar as an online seminar.
This may be the case in particular if demand is too low, for reasons of occupational health and safety or due to official requirements.
5. right of withdrawal
There is no right of withdrawal on the part of the customer. In the event that the customer is prevented from attending, the customer may agree with Schaufelmann once on a replacement date or name a replacement seminar participant within 6 months.
6. liability
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Schaufelmann GmbH, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
In the event of a breach of material contractual obligations, Schaufelmann GmbH shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health. These restrictions shall also apply in favor of the legal representatives and vicarious agents - in particular speakers - of Schaufelmann GmbH if claims are asserted directly against them. The provisions of the Product Liability Act shall remain unaffected.
If, at the time of the online seminar, technical problems occur on the part of the customer, such as Internet malfunctions, for which Schaufelmann GmbH is not responsible, the participation fee will not be refunded.
7. right of withdrawal for consumers
If you are a consumer within the meaning of § 13 BGB, you have a right of withdrawal.
CANCELLATION POLICY
You have the right to revoke the contract with Schaufelmann GmbH within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Schaufelmann GmbH, Sandershäuser Str. 87 b, 34123 Kassel, e-mail: info@gw129-seminare.de by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including any delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged any remuneration because of this repayment.
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 that point in time at which 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.
Notice of the possibility of early expiry of the right of withdrawal Your right of withdrawal shall expire if we have performed our service in full and have only started to perform the service after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal upon complete performance of the contract by us.
Sample cancellation form
If you want to revoke the contract, you can use the following text and send it back to us:
Schaufelmann GmbH, Sandeshäuser Str. 87b, 34123 Kassel, E-Mail: info@gw129-seminare.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
________________________________________
ordered on (*) received on (*)
________________________________________
Name of the consumer(s)
________________________________________
Address of the consumer(s)
________________________________________
Place, date
________________________________________
Signature of the consumer(s) (only in case of notification on paper)
(*) PLEASE DELETE WHERE INAPPLICABLE
8. storage of the contract text
These GTC can be accessed and printed on the website www.gw129-seminare.de/en/terms-and-conditions/. The text of the contract and the registration data shall be stored by Schaufelmann GmbH for the purpose of executing the contract. The registration data will be sent to the customer separately by e-mail.
9.access to the online seminar
Participants' access to the online seminars is password-protected via the Internet. Together with the booking confirmation and a timely reminder before the start of the seminar, participants will receive an e-mail from Schaufelmann
GmbH the invitation with the access data and step-by-step instructions for seminar participation via the web browser. Alternatively, the participant can download the free videoconferencing software to the end device used and log in with the access data and log in with the access data.
10. copyright
The seminar documents in PDF format are protected by copyright and may not be reproduced or used for other training purposes before, during or after the seminar (not even in excerpts) without consent. Internal distribution is also prohibited.
11. Applicable Law / Place of Jurisdiction
Only German law shall apply to the performance and claims arising from this contract. Place of performance as well as place of jurisdiction is Kassel.
12. provider identification and summonable address
The address for complaints and other declarations of intent as well as summonable address is:
Schaufelmann GmbH
Sandershäuser Straße 87 b
34123 Kassel
