Contractual conditions within the framework of contracts

that are concluded between

 

IFG Internationale Fortbildungsgesellschaft mbH, Wohldstraße 22, 23669 Timmendorfer Strand, telephone: 04503-7799-33, registered in the commercial register of the Bad Schwartau District Court under HRB 1664, VAT identification number: DE 204274370, represented by the managing director Mr. Wilhelm Hakim,

 

- hereinafter referred to as "provider" -

 

and the customer specified in Section 2 of the contract

 

- hereinafter referred to as "customer" -

 

§1 Scope, definitions

1. The following general terms and conditions in the version valid at the time of the order apply exclusively to the business relationship between IFG Internationale Fortbildungsgesellschaft mbH (hereinafter referred to as "provider") and the customer (hereinafter referred to as "customer"). Differing general terms and conditions of the purchaser or customer will not be recognized unless the provider expressly agrees to their validity in writing.

2. The customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who is acting in the exercise of his commercial or independent professional activity when concluding the contract.

 

§2 Conclusion of contract for seminar bookings

1. The customer can select products from the provider's range, in particular lectures, seminars, online seminars, and register for the events offered using the "Register" button. By clicking the "order with payment" button, he submits a binding application to conclude a contract for the event he has selected. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "Accept terms and conditions and privacy policy" button and has thereby included them in his application.

2. The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate order confirmation. In this order confirmation, the contract text (consisting of the order and general terms and conditions) is sent to the customer by us on a permanent data carrier (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

3. According to Section 4 No. 21a) bb) UStG, IFG mbH has been exempt from statutory sales tax since January 1, 2017 for seminars and courses that are certified in accordance with the BZÄK or the DGZMK and that are subject to a corresponding point assessment.

 

§3 Contract implementation for seminar bookings

1. There is no legal right to the booked seminar being led by the speakers named on the provider's website. The right to represent the named speaker by another speaker from the provider for a given reason, such as illness or other reasons of absence, remains reserved. The same applies to all of our other services.

2. The right to participate in the provider's seminars acquired upon conclusion of the contract is not transferable.

3. The provider is entitled to broadcast its seminars online via video using the "Zoom" software or a comparable tool (so-called online seminars) if the holding of face-to-face seminars is restricted or prohibited by official orders. In this case, the customer has the choice between rebooking the seminar to a later date or participating in the online seminar that replaces the face-to-face seminar. The customer does not have the right to cancel the seminar free of charge. The customer will be notified of the change from face-to-face seminar to online seminar by email before the booked date. The decision to participate in the online seminar is deemed to have been made if the customer does not request a rebooking from the provider by email 7 days before the start of the online seminar.

4. If the customer participates in an online seminar, after receipt of the seminar fee, he will receive further information by email no later than the day before the appointment about the technical requirements that his hardware and software must meet, the necessary instructions for using "Zoom" or a comparable tool, the planned time of the online seminar, any additional seminar documents and handouts, and his access code, which enables him to follow the online seminar in real time on his internet-enabled device (PC, laptop, smartphone, tablet). To do this, the customer must download the "Zoom app" or the "Zoom program" or a comparable tool in advance. The customer does not need to create a Zoom account; installing the software on his device is sufficient.

5. The code is intended exclusively for the customer, may not be passed on, and only entitles him to receive the transmission once. It is also not permitted to allow third parties to participate in the transmission with the customer. The provider can demand a cease-and-desist declaration from the customer, which is a prerequisite for sending the access code. If the code falls into other hands and/or a third party uses the customer's code to gain access to the online seminar together with the customer or in their place, the customer's right to participate in the transmission expires. The same applies to any kind of recording or recording of the transmission in sound and/or image and storage on data media. This is expressly prohibited.

6. The provider controls access to the online seminar by comparing the customer's participant number with the registration list in the so-called "waiting room" of the video conference. Each participant number only receives one access. The customer's payment obligation remains unaffected by any violation by the customer. If the transmission of the online seminar does not work or does not work properly for the customer due to inadequate technical requirements or incorrect operation by the customer, there is also no right to a refund or to re-attend the next online seminar on the same topic.

 

§4 Right of withdrawal of the provider, cancellation of seminar bookings

1. The provider reserves the right to unilaterally revoke the confirmation of participation and to cancel or reschedule the seminar. In this case, the customer can attend the new or another seminar or cancel the booking. In the latter case, the customer will be reimbursed for the fee paid. Further claims are excluded. The same applies to all other services provided by the provider.

2. The provider reserves the right to cancel seminars if demand and/or the number of participants is too low (at least 2 weeks before the start) or for other important reasons for which it is not responsible, such as sudden illness of the speaker, hotel closure or force majeure. In any case, the provider will endeavour to communicate cancellations or necessary changes as early as possible. Program changes are expressly reserved, provided that the overall character of the event is thereby preserved. Changes in speakers, minor changes to the course of the event or a reasonable relocation of the venue do not entitle the customer to a price reduction or to withdraw from the contract. If the provider has to cancel a seminar, the seminar fees will be credited for an alternative date or refunded at the customer's express request.

 

§5 Cancellation of seminar bookings by the customer

1. The customer is entitled to cancel seminars that he has booked up to 60 days before the start of the seminar, or 90 days for seminars abroad, without giving a reason for cancellation, free of charge. If the seminar fee has already been paid to the provider by the customer at this point, the provider will refund the seminar fee to the customer.

2. Cancellations must be made in writing, with text form (e.g. by email) being sufficient.

3. Later cancellations or requests for rescheduling are generally not accepted. In these cases, the seminar fees must be paid in full regardless of whether the customer attends the seminar. The same applies if the customer does not show up without cancelling.

 

§6 Conclusion of contract when ordering nutritional supplements

1. The customer can print out an order form for purchasing nutritional supplements on the provider's website, fill it out and send an order to the provider in writing by post, fax or email.

2. The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email, the contract text (consisting of the order and general terms and conditions) is sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.

3. The contract is concluded in German.

 

§7 Delivery, availability of goods, retention of title

1. Delivery times specified by us when purchasing goods are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchases on account). If no or no different delivery time is specified for the respective goods on our website, it is 14 days.

2. If no copies of the goods selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the goods are permanently unavailable, the provider will refrain from accepting the order. In this case, no contract is concluded.

3. If the goods specified by the customer in the order are only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.

4. The goods delivered remain the property of the provider until full payment has been made.

 

§8 Prices and shipping costs

1. All prices stated on the provider's website include the applicable statutory sales tax.

2. The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer unless the customer exercises his right of cancellation. For orders of goods worth EUR 20 or more, the provider delivers to the customer in Germany free of charge. For orders of goods worth EUR 250 or more, the provider delivers to the customer in other European countries free of charge.

3. The goods are shipped by post. The provider bears the shipping risk if the customer is a consumer.

4. In the event of cancellation, the customer must bear the direct costs of the return shipment.

 

§9 Terms of payment

 

1. The following applies when booking seminars:

• When booking a face-to-face seminar in Germany, the seminar fee is due 30 days before the start of the event.

• When booking a face-to-face seminar abroad, the seminar fee is due 60 days before the start of the event.

• When booking just one online seminar, the fee is due two weeks before the seminar date.

• When booking multiple online seminars, the partial fees are due two weeks before the respective seminar dates.

• When booking an online seminar within two weeks of the date, the fee is due upon receipt of the booking confirmation.

• If dates are not set or the seminars take place more than six months after the booking, the fee is due six months after the booking.

• In special cases (e.g. seminars with waiting lists or official requirements regarding the holding of an event), other payment conditions may apply. These will be communicated to the customer in good time before/when booking.

 

2. The following applies to the purchase of nutritional supplements:

• Payment of the purchase price is due immediately upon receipt of the invoice.

• The customer can pay in advance, by credit card, PayPal or on account. Payment on account is only possible for new customers for the first order up to a goods order value of 100 EUR.

 

3. If the due date for payment is determined according to the calendar, the customer is in default simply by missing the deadline. In this case, he must pay the provider default interest for the year in the amount of 5 percentage points above the base interest rate.

 

4. The customer's obligation to pay default interest does not exclude the provider from claiming further damages caused by default.

 

§10 Warranty for material defects, guarantee

1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For businesses, the warranty period for items delivered by the provider is 12 months.

2. An additional guarantee only exists for the goods delivered by the provider if this was expressly stated in the order confirmation for the respective article.

 

§11 Liability

1. The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

2. In the event of a breach of essential contractual obligations, the provider is only liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health.

3. The restrictions in paragraphs 1 and 2 also apply in favor of the provider's legal representatives and vicarious agents if claims are asserted directly against them.

4. The liability limitations arising from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

§12 Cancellation policy

1. When concluding a distance selling contract, consumers generally have a statutory right of cancellation, about which the provider will inform them below in accordance with the statutory model.

The exceptions to the right of cancellation are regulated in paragraph (2). A sample cancellation form can be found in paragraph (4).

 

Right of withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason.

 

The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the goods.

 

To exercise your right of withdrawal, you must inform us (IFG Internationale Fortbildungsgesellschaft mbH,

Wohldstraße 22, 23669 Timmendorfer Strand, telephone: 04503-7799-33, fax: 04503-7799-45, email: info@ifg-hl.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of cancellation

 

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the inexpensive standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

 

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

 

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

 

You will bear the direct cost of returning the goods.

 

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

 

2. Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

 

1. Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

 

2. Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,

 

3. Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery,

 

4. Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery,

 

5. Contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence,

 

6. Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery was,

7. Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,

8. Contracts for the provision of services in the field of accommodation for purposes other than residential purposes, transport of goods, car rental, delivery of food and beverages and the provision of other services related to leisure activities, if the contract stipulates a specific date or period for the provision,

9. Contracts where the consumer has expressly requested the trader to visit him to carry out urgent repairs or maintenance work; this does not apply to other services provided during the visit that the consumer has not expressly requested, or to goods supplied during the visit that are not necessarily required as spare parts for the maintenance or repair,

 

3. The right of withdrawal also expires prematurely with the customer's consent if the contract is fully fulfilled by both parties at the customer's express request before the customer has exercised his right of withdrawal.

 

4. The provider informs about the model withdrawal form in accordance with the statutory provisions as follows:

 

Sample cancellation form

 

(If you want to cancel the contract, please fill out this form and send it back.)

 

To

 

IFG Internationale Fortbildungsgesellschaft mbH

Wohldstraße 22

23669 Timmendorfer Strand

Telephone: 04503-7799-33

Fax: 04503-7799-45

E-mail: info@ifg-hl.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/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 if notification is made on paper)___________________________

 

Date__________________________________________________________________________

 

(*) Delete as appropriate

 

§13 Final provisions

1. Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

3. The contract remains binding in its remaining parts even if individual points are legally ineffective. The statutory provisions, if any, take the place of the ineffective points. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be ineffective as a whole.

4. As a precautionary measure, the provider also refers to the online dispute resolution platform "OS platform" of the European Union (EU) for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/. However, the provider is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

 

Status: January 1, 2022