General terms and conditions

General terms and conditions with customer information

Table of contents

1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping conditions
6. granting of rights of use for digital contents
7. retention of title
8. liability for defects (warranty)
9. redemption of gift vouchers
10. applicable law
11. code of conduct
12. alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of Robert Bree, trading as “Robert Bree | Logodesign, c/o Bürogemeinschaft 5. Stock, Birkenleiten 43, 81543 Munich; (hereinafter “Seller”), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.

1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.5 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

– by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or

– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or

– by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online store before sending his order, the order data shall be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.

2.5 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can continue to make entries during the electronic ordering process using the usual keyboard and mouse.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of revocation.

3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online store.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.

5) Delivery and shipping terms

5.1 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller’s revocation instructions shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Digital content shall be provided to the customer exclusively in electronic form as follows:

– via download

5.5 Vouchers shall be provided to the Customer as follows:

– by download

– by e-mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the DeepL description in the Seller’s online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.

6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.

7) Retention of title

If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his legal or contractual rights.

9) Redemption of gift vouchers

9.1 Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Gift Certificate.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can also be redeemed for one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11) Code of Conduct

– The Seller has submitted to the conditions of participation in the eCommerce initiative “Fairness in Commerce”, which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

General Terms and Conditions Seminars & Trainings

Table of Contents

1. scope of application, definitions
2. services of the organizer
3. conclusion of contract
4. right of withdrawal for consumers
5. prices and terms of payment
6. right to participate, transfer of contract
7. shortfall of the minimum number of participants
8. change or cancellation of the event
9. contractual right of withdrawal (cancellations)
10. teaching material
11. liability
12. applicable law, place of jurisdiction
13. alternative dispute resolution

1) Scope, Definitions

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Robert Bree, trading as “Robert Bree | Logodesign, c/o Bürogemeinschaft 5. Stock, Birkenleiten 43, 81543 Munich; (hereinafter referred to as “Organizer”), apply to all contracts for participation in courses / seminars (hereinafter referred to as “Event”), which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Organizer with regard to the Events presented on the Organizer’s website. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

2) Services of the Organizer

2.1 The Organizer offers both online and face-to-face events. The content of the event results from the respective course description on the website of the Organizer.

2.2 In the case of online events, the Organizer shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the organizer shall provide the customer with suitable application software before the start of a video conference, whereby the organizer may also use the services of third parties for this purpose. For error-free participation in the online video conference, the customer’s system must meet certain minimum requirements, which are communicated to the customer on the website of the organizer.

The customer is responsible for compliance with the system requirements. The organizer shall not be liable for technical problems that are due to inadequate system requirements at the customer.

2.3 In the case of face-to-face events, the organizer shall provide its services exclusively in personal contact with the customer and in premises selected by the customer for this purpose. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a specific location for the execution of the desired event.

2.4 The Organizer shall provide its services through qualified personnel selected by it. In doing so, the organizer may also make use of the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a particular person to carry out the desired event.

2.5 The organizer provides his services with the greatest care and to the best of his knowledge and belief. However, the organizer does not owe a certain success. In particular, the organizer does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance goal. This depends not least on the personal commitment and will of the customer, on which the organizer has no influence.

3) Conclusion of contract

3.1 The events described on the website of the organizer do not represent binding offers on the part of the organizer, but serve to submit a binding offer by the customer.

3.2 The customer can submit his offer via the online registration form provided on the website of the organizer. In doing so, the customer, after entering his data in the registration form, submits a legally binding contractual offer with regard to the selected event by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the organizer by e-mail.

3.3 The organizer can accept the customer’s offer within five days,

– by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), in which case the receipt of the confirmation of registration by the customer shall be decisive, or

– by requesting payment from the customer after the customer has submitted his contractual declaration.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the organizer does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by his declaration of intent. The same shall apply in the event that the event selected by the customer begins before expiry of the acceptance period and the organizer does not accept the customer’s offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 In the case of registration via the website of the organizer, the text of the contract shall be stored by the organizer after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Organizer shall not make the text of the contract accessible beyond this.

3.5 Before the binding submission of the offer via the online registration form of the organizer, the customer can continuously correct his entries via the usual keyboard and mouse functions.

3.6 Only the German language is available for the conclusion of the contract.

3.7 If the customer registers further participants for an event, he undertakes to also assume responsibility for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration when registering.

4) Right of withdrawal for consumers

Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), there is no right of withdrawal for consumers in the case of contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision of services.

5) Prices and terms of payment

5.1 Unless otherwise stated in the offer of the Organizer, the prices quoted are total prices that include the statutory value-added tax.

5.2 Costs for travel, accommodation and catering for face-to-face events are not included in the price and are to be borne by the customer, unless otherwise stated in the course description of the organizer.

5.3 Various payment options are available to the customer, which are indicated on the website of the organizer.

5.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Eligibility to participate, transfer of contract

6.1 Only the person named in the registration confirmation is entitled to participate. A contract transfer to a third party is only possible with the consent of the organizer.

6.2 If a third party enters into the contract between the customer and the organizer, he and the customer are liable to the organizer as joint and several debtors for the participation price and any additional costs incurred by the entry of the third party.

7) Shortfall of the minimum number of participants

7.1 The organizer can determine a minimum number of participants for his courses. If a minimum number of participants is stipulated, the Organizer shall expressly point this out in the course description.

7.2 If the minimum number of participants is not reached, the organizer can withdraw from the contract at the latest seven days before the start of the course by giving notice to the customer. The organizer shall send the customer his notice of withdrawal immediately after becoming aware that the number of participants has not been reached, but no later than seven days before the start of the course.

7.3 If the organizer makes use of his right of withdrawal according to the above paragraph, the customer can demand participation in another event of at least equal value, if the organizer is able to offer such an event from his offer at no extra cost to the customer. The customer must make his request to the organizer immediately after receipt of the organizer’s declaration.

7.4 If the customer does not exercise his right in accordance with the above section, the organizer shall immediately refund to the customer any participation fee already paid.

8) Change or cancellation of the event

8.1 The organizer reserves the right to change the time, place, course instructor and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organizer. Reasonable are only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organizer contrary to good faith. The organizer will inform the customer in good time in the event of a change in the time, place, course leader and/or content of the event.

8.2 In the event of a significant change to the service, the customer may withdraw from the contract free of charge or instead request participation in another event of at least equal value if the organizer is able to offer such an event from its range of services at no extra cost to the customer.

8.3 The customer must assert the rights in accordance with the above section immediately after informing the Organizer about the change in services.

8.4 The organizer is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. In the event of cancellation of the event, the organizer will endeavor to find an alternative date.

9) Contractual Right of Withdrawal (Cancellations)

Irrespective of any statutory right of cancellation that may exist, the organizer grants the customer the right to cancel his registration for an event of the organizer free of charge according to the following conditions (contractual right of cancellation):

9.1 The customer may cancel his registration up to 3 days before the start of the booked event without giving reasons by submitting a declaration to the organizer in text form (e.g. e-mail). The date of receipt of the declaration by the organizer shall be decisive for compliance with the cancellation deadline. If the customer cancels his registration in due time, the organizer will fully refund any participation fee already paid within a period of two weeks from receipt of his declaration. For this purpose, the organizer may use the same means of payment that the customer used for his payment to the organizer.

9.2 Any existing statutory right of withdrawal of the customer shall not be limited by the above-mentioned right of withdrawal.

10) Teaching material

10.1 The organizer is the owner of all rights of use which are necessary for the execution of the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.

10.2 The customer may only use the contents of the event, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, distribute or make publicly available teaching materials without the separate permission of the organizer.

10.3 In the case of online events, course-accompanying teaching material (e.g. teaching documents) shall be made available to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.

11) Liability

The organizer is liable to the customer from all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

11.1 The organizer is liable without limitation for any legal reason

– in case of intent or gross negligence,

– in the event of intentional or negligent injury to life, limb or health,

– on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,

– on the basis of mandatory liability such as under the Product Liability Act.

11.2 If the organizer negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. Material contractual obligations are obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.

11.3 In all other respects, liability on the part of the organizer is excluded.

11.4 The above liability provisions shall also apply with regard to the liability of the organizer for its vicarious agents and legal representatives.

12) Applicable law, place of jurisdiction

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.

12.2 If the customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the organizer’s registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the organizer’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the aforementioned cases, however, the organizer is in any case entitled to call upon the court at the customer’s place of business.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

13.2 The organizer is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Vertreten durch die IT-Recht Kanzlei

Vertreten durch die IT-Recht Kanzlei