GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Withdrawal, cancellation, postponement for training participants
5. Withdrawal, cancellation, postponement for Lösch & Partner
6. Duties of the customer
7. Intellectual Property
8. Prices and terms of payment
9. Delivery and shipping conditions
10. Retention of title
11. Liability for defects (warranty)
12. Redemption of promotional vouchers
13. Applicable law
14. Jurisdiction
15. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Lösch & Partner GmbH Projektmanagement & IT-Consulting (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 its 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 mutatis mutandis to contracts for the delivery of tickets, unless otherwise expressly stipulated. In this context, these GTC only regulate the sale of tickets for certain events described in more detail in the Seller's item description and not the performance of these events. The execution of the events shall be governed exclusively by the statutory provisions in the relationship between the participant and the organizer and, if applicable, by any terms and conditions of the organizer that deviate from these. If the seller is not also the organizer, he is not liable for the proper conduct of the event, for which only the respective organizer is responsible.

1.3 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.

1.4 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 Depending on the Seller's content description, the subject matter of the contract may be both the one-time provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In the case of the Subscription Agreement, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.

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. Furthermore, the customer can also submit the offer to the seller by e-mail, by online contact form or by telephone.

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 is decisive, or
• by requesting payment from the customer after the customer's order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry 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 If a payment method offered by PayPal is selected, 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, available 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 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's order has been sent. 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 will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before bindingly placing the order via the Seller's online order form, the Customer may recognize 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that 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 withdrawal.

3.2 For more information on the right of withdrawal, please refer to sections 4 and 5.

4) Withdrawal, cancellation, postponement for training participants

4.1 In principle, the customer has the right to withdraw from the training contract or to rebook the training for another date with the same course name until the start of the first training event. The withdrawal or rebooking must be made in writing to: academy@loesch.de.
4.2 If the withdrawal or rebooking is made at least 28 calendar days before the start of the training, no training fee is payable. If the cancellation or rebooking is made less than 28 but at least 14 calendar days before the start of the training, 50% of the training fee is due. If it takes place less than 14 calendar days before the start of the training, 100% of the training fee is due for payment.
4.3 If the customer does not participate in a training without having withdrawn from the contract or having rebooked the training, the customer must pay the full training fee.
4.4 The relevant time for withdrawal and rebooking is the receipt of the respective withdrawal or rebooking declaration by Lösch & Partner.
4.5 In the event of a cancellation/termination for reasons for which Lösch & Partner GmbH is not responsible (e.g. serious long-term illness), the reason for the cancellation must be credibly proven to Lösch & Partner GmbH. Lösch & Partner GmbH will then decide on the payment obligation after examining the facts. The deregistration/termination must be made in writing. The date of receipt by Lösch & Partner GmbH is decisive with regard to the above-mentioned deadlines. Cancellations or terminations by telephone are not sufficient and will not be considered.

5) Withdrawal, cancellation, postponement for Lösch & Partner

5.1 A minimum number of participants is required for a training/seminar to take place at the stated fee. The minimum number of participants required in each case is stated in the event information. If this minimum number of participants is not reached, Lösch & Partner GmbH may withdraw from the contract. Cancellation shall be made in writing (via e-mail) by Lösch & Partner GmbH no later than 2 weeks before the start of the event. If a fee has already been paid for the seminar/training, this will be refunded immediately. Further claims of the registrant do not exist. In particular, there shall be no claims for damages.
5.2 If a training course/seminar cannot take place in whole or in part for reasons for which Lösch & Partner GmbH is not responsible (e.g. due to force majeure), Lösch & Partner GmbH may withdraw from or terminate the contract. In this case, the participant shall only have to pay the pro rata fee for the part of the training or seminar that has already taken place.
5.3 Lösch & Partner GmbH may also terminate the contract without notice for good cause. Good cause shall be deemed to exist in particular in the following cases: Disruptions to the event that result in Lösch & Partner GmbH no longer being able to fulfill its contractual obligations to the participants; behavior that endangers the participant's own person, third parties or other participants; or it is not possible for the instructor to conduct the seminar on one or more days of the event for good cause (e.g. illness). In these cases, both parties agree that an alternative date will be set. After payment of the training fee, the participant will receive a voucher for participation in the training on an alternative date. The alternative date must be attended within 12 months of the originally booked training.

Lösch & Partner will not assume any costs incurred by the participant as a result of the cancellation (e.g. cancellation fees for travel and overnight accommodation), insofar as Lösch & Partner is not responsible for the cancellation.

6) Obligations of the customer

6.1 The customer is not entitled to reproduce, translate or pass on training documents or parts thereof to third parties without the permission of Lösch & Partner Academy.

6.2 The customer undertakes to observe the copyright protection of the software used in the training and not to make any unauthorized copies.

7) Intellectual Property

7.1 The intellectual property rights to the training courses on the Lösch & Partner Academy shall remain with the Contractor, Lösch & Partner.

7.2 Filming, recording, taping or photographing the seminar/workshop is not permitted. 

8) Prices and terms of payment

8.1 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.

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

8.3 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which he makes advance payments to the Customer (e.g. purchase on account or payment by installments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.

8.4 If the payment method "SOFORT" is selected, the payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.

8.5 If a payment method offered via the payment service "mollie" is selected, the payment shall be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.

9) Delivery and shipping conditions

9.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

9.2 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 that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.

9.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment to carry out the shipment and the seller has not previously named such person or institution to the customer.

9.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.

9.5 Self-collection is not possible for logistical reasons.

9.6 Tickets shall be provided to the Customer as follows:

- by e-mail

10) Retention of title

If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

11) Liability for defects (warranty)

11.1 Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:

11.2 If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• the limitation period for defects in new goods is one year from delivery of the goods;
• the rights and claims due to defects are excluded for used goods;
• the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.

11.3 The above-mentioned limitations of liability and shortening of time periods shall not apply to

• for claims for damages and reimbursement of expenses of the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

11.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

11.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

11.6 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 thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

12) Redemption of promotional vouchers

12.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

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

12.4 Several promotional vouchers can also be redeemed for one order.

12.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

12.6 If the value of the promotional 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.

12.7 The credit balance of a promotional voucher shall neither be paid out in cash nor shall it bear interest.

12.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.

12.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional 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 representation authorization of the respective holder.

13) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase 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 state in which the consumer has his habitual residence.

14) Jurisdiction

If the customer acts 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 shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

15) Alternative dispute resolution

15.1 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.

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