General Terms and Conditions of this company (hereinafter: “this company”) regarding events and seminars.
1 Scope of application
(1) All deliveries, services and offers from this company are made exclusively on the basis of these General Terms and Conditions. These are an integral part of all contracts that this company concludes with its contractual partners (hereinafter also referred to as “customer”) regarding the deliveries or services it offers. They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.
(2) Terms and conditions of the customer or third parties do not apply, even if this company does not specifically object to their validity in individual cases. Even if this company refers to a letter or email that contains or refers to the terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
2 Conclusion of contract, third party providers
(1) Our offers and presentations (e.g. on websites, flyers, brochures, online shops, coupons) are generally subject to change. Booking requests and offers from customers must first be expressly confirmed by us. Confirmation is usually made by email, but is not limited to this.
(2) Our services are also sold by authorized partners and third party providers in their own name (e.g. Copecart, etc.). When booking / concluding a contract with a third party / sales partner, their terms and conditions apply exclusively. this company is not responsible for the actions of sales partners / third-party providers.
(3) If we advertise services but a contract is concluded via a third-party provider/sales partner, the third-party provider/sales partner is solely responsible for the respective offer.
(4) Due to the limited number of participants - in the interest of the customers - registrations will be considered in the order in which they are received.
(5) We are entitled to restrict our offers to certain customer groups (e.g. merchants, entrepreneurs) in individual cases. We will inform you of this in individual cases before the contract is concluded.
(6) The contract language is German.
(7) We will regularly save the contract text after the contract is concluded and can be requested from us by email upon request.
3 Prices for seminars and events, cancellations and rebookings
(1) The prices stated in the course programs or, e.g. for company events, the individually agreed prices apply to participation in training or seminar events.
(2) The participation fee is due immediately upon booking. If the participation fee has not been paid by the start of the event, participation is not possible.
(3) Prices for seminars and events include the event services, the event documents subject to availability, as well as lunch and drinks during breaks, unless otherwise specified by us.
(4) Other costs in connection with the training, such as accommodation and travel costs, must be borne by the participant themselves. Failure to show up or only participating in an event for a limited period does not entitle the participant to a reduction in the participation fee.
(5) The seminar date selected by the customer/participant when booking is binding. If the capacity of a seminar location has been reached when registering for a seminar, or if the customer has selected an open, i.e. still undetermined future date, BV Bestseller Verlag will suggest (alternative) dates for the seminar to the customer, from which the customer can choose. When the customer selects and notifies the alternative date, a binding booking is made.
(6) BV Bestseller Verlag is entitled, in individual cases, to grant a one-time rebooking request by the customer up to a maximum of 4 weeks before the selected seminar date. In this case, a processing or conference fee of EUR 300.00 plus VAT will be charged. Rebooking is no longer possible within 4 weeks before a bindingly booked seminar date. BV Bestseller Verlag reserves the right to postpone booked seminars. e if there is an important reason, in particular in the case of short-term official requirements and instructions.
(7) If a participant cannot attend the booked event / seminar due to illness or other reasons, he is entitled to transfer his booking to another, third party. The prerequisite is that the respective event/seminar price has been paid in full and that the price paid remains with this company to fulfill the obligations of the replacement participant.
(8) If a seminar cannot take place in person at an event location in 2021 or 2022 due to force majeure, we provide a guarantee of implementation in the form of an online seminar on the same or alternative event date.
(9) The agreed fees and prices include the applicable sales tax rate, unless otherwise stated.
(10) this company always issues an invoice to the customer. When booking via the online shop, this company is entitled to send the invoice as a PDF file by email.
(11) In the event of default, we are entitled to charge customers who are not consumers within the meaning of Section 13 of the German Civil Code (BGB) a flat-rate default fee of EUR 40.00 (Section 286 Paragraph 5 of the German Civil Code).
4 Conducting events and seminars, cancellation and failure
(1) The event location is stated in the current event description or in the confirmation letter, in the case of company events in the offer or the order confirmation.
(2) In the event of an official ban on events that have already been booked and confirmed or official restrictions / requirements (e.g. during pandemics, force majeure), this company is entitled to charge the customer 30 days in advance to offer a replacement event within 12 months of the date of the cancelled event. The customer is only entitled to withdraw/cancel the contract if no replacement offer is made within this period. Withdrawal/cancellation is excluded from this if there is an important reason. We recommend taking out cancellation insurance (e.g. www.erv.de).
(3) this company is entitled to unilaterally adjust event/seminar times within reasonable limits. The customer will be notified of the adjustment at least 7 days in advance. The total duration of the event will not be reduced.
5 Copyright and usage rights
(1) All copyrights and other protective rights relating to the event documents, including those relating to translation, reprinting and reproduction, remain with this company. Without prior written permission from this company, no user may reproduce, duplicate, distribute or publicly display the event documents, in whole or in part, in any form, including for the purposes of teaching.
(2) Any permissions from this company must be requested by email. Permission must be given in text or written form by this company.
(3) We hold copyrights to all images, films and texts published on our websites. Use of the images, films and texts is not permitted without our express permission and will be prosecuted under civil and criminal law in the event of a violation.
6 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB – where applicable. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be included with the items.
7 Behavior and consideration, house rules
(1) The customer is obliged to take our interests into account when submitting reviews and comments within social media. In particular, the customer may not publish / distribute untrue factual statements or defamatory criticism about us, our programs and our events.
(2) At our events and seminars, we practice the Haright of withdrawal. The customer must follow our instructions. In the event of violations, we are entitled to exclude the customer from the event for the remaining time after issuing a single warning. The customer's obligation to provide consideration remains unaffected in these cases.
(3) Paragraph 2 applies accordingly to bookings via sales partners / third-party providers and also to virtual events (e.g. webinars).
8 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise provided in paragraph 3, we are only liable for breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
9 Right of withdrawal
(1) If our customers are not consumers within the meaning of Section 13 of the German Civil Code (BGB), there is no right of withdrawal by law after booking our services via distance selling. We also do not recognize a right of withdrawal on a contractual basis.
(2) If our customers are consumers within the meaning of Section 13 of the German Civil Code (BGB), Section 312g Paragraph 2 No. 9 of the German Civil Code applies when booking our scheduled seminars and events. The customer will receive separate instructions on the right of withdrawal from us by email. We are entitled to provide instructions in text form (PDF file).
10 Applicable law, dispute resolution
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and are habitually resident in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.