General terms and conditions and right of withdrawal
der Six Sigma Management Academy
I. Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day in the case of a sales contract: “on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Six-Sigma Management Academy, Philip Bauer, Rather Bungert 31, 50859 Cologne) of your decision by means of a clear statement (e.g. a letter sent by post or an email). to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.
II. General terms and conditions for events of the Six Sigma Management Academy, MBB Doz. Dipl.-Ing. Philip Bauer, - hereinafter referred to as lecturer.
§ 1 Scope
1.1
The following General Terms and Conditions (GTC) apply to all business transactions of Sigma Management Academy with its customers. The validity applies in particular to the lecturer's regular training program, which is open to all interested customers (hereinafter "face-to-face event"), online training courses and training materials accompanying the event (hereinafter "e-learning") as well as courses and seminars specifically tailored to a corporate customer (hereinafter " In-house training”), as well as the delivery of training materials as well as additional services and other ancillary obligations provided as part of the execution of the contract.
The general terms and conditions apply for the entire duration of the business relationship. Any general terms and conditions of a customer do not become part of the contract, even if the lecturer does not expressly object to them, and in particular are not tacitly acknowledged.
1.2
Sections 3, 4, 11, 12, 13 of these General Terms and Conditions apply analogously to registration for examinations and their implementation as part of the certification of persons. § 2 applies analogously with the proviso that registration for the examination becomes binding upon receipt of a corresponding order confirmation from the Six Sigma Management Academy, MBB Doz. Dipl.-Ing. Philip Bauer, - hereinafter referred to as the lecturer - who carries out the examinations and for whom the lecturer accepts the registration on his behalf. The audit service is billed directly by the Six Sigma Management Academy. The amounts stated in the Six Sigma Management Academy contract are due at the beginning of the event. The regulations contained in §§ 5.2 and 5.3 apply accordingly to the invoices of the Six Sigma Management Academy.
§ 2 Order placement and performance
2.1
The offers of the Six Sigma Management Academy are binding unless otherwise agreed in writing or in the form of an email. If the customer's order deviates from the offer, the contract is concluded with the content of the order confirmation from Six Sigma Management Academy. The regulations in § 3 apply to face-to-face events and e-learning.
2.2
The customer can place orders with Six Sigma Management Academy in the following forms:
– by post
– by E-Mail
After receipt of acceptance (in-house training) or registration (face-to-face events and e-learnings), the customer receives an order confirmation by email or, upon request, by post. If the offer is non-binding and non-binding, the order is deemed to have been accepted by Six Sigma Management Academy and the contractual relationship has been concluded with this order confirmation. The customer is obliged to immediately check the order confirmation for accuracy upon receipt. If the order confirmation differs from the customer's order, the customer is obliged to object to it by post or email to the Six Sigma Management Academy within 5 working days of receipt. Otherwise, the contract is deemed to have been tacitly approved with the content of the order confirmation.
2.3
Updates and changes to offers and orders or the contractual relationship are determined by both contracting parties in writing or by email and are part of the contractual relationship between Six Sigma Management Academy and the customer as an additional agreement.
2.4
The Six Sigma Management Academy sends all documents related to the contract and the conclusion of the contract to the customer by email or, upon request, by post. These include, in particular, the order confirmation, the invoice, the general terms and conditions and - if the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) - the instructions on the right of withdrawal and information materials. The customer is entitled to request that individual or all documents be sent by post instead. In this case, the Six Sigma Management Academy can charge a fee of EUR 1.20 per document sent.
§ 3 Face-to-face events and e-learnings
3.1
Registrations for “in-person events of the Six Sigma Management Academy must be sent to the Six Sigma Management Academy as early as possible. Regardless of the regulation in § 2.1 sentence 1, registration is only binding once it has been confirmed by the Six Sigma Management Academy. Confirmation will be made by email or, if the customer requests it, in writing. Confirmation for e-learning takes place exclusively via email. The provisions of sentences 4-6 of § 2.2 apply accordingly. Together with the confirmation, the customer will be sent the invoice, these General Terms and Conditions and - if the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) - the instructions on the right of withdrawal. There is no right to participate in events with a limited number of participants.
3.2
Unless expressly stated otherwise, the participation fee is per participant and event.
3.3
Cancellations and rebookings must be made in writing or by email to the Six Sigma Management Academy Cologne. In the event of cancellations and rebookings for reasons for which the Six Sigma Management Academy is not responsible, the following fees must be paid per participant and event:
– free of charge up to 14 working days (Monday-Friday) before the start of the event
– between 13 and 3 working days before the start of the event 30 of the fee
– full fee from 2 working days before the start of the event.
The decisive factor is the receipt of the deregistration or rebooking by the Six Sigma Management Academy. Of course, a replacement participant will be accepted at no additional cost. In the event of absence from the event or premature termination of participation for reasons for which the Six Sigma Management Academy is not responsible, the full participation fee must be paid.
This regulation also applies to e-learnings with a precise implementation time (e.g. webinars).
In the case of time-independent e-learning, the different rule applies that the customer is obliged to pay the full fee from the time he has access to the e-learning.
In all cases, it remains open to the customer to prove that Six Sigma Management Academy suffered no or only minor damage.
§ 4 Prices
Prices and services from the Six Sigma Management Academy from the current program are generally exempt from sales tax in accordance with Section 4 No. 21 UStG. The applicable statutory VAT applies to other prices and service offerings.
§ 5 Payment and due date
5.1
The Six Sigma Management Academy's claim to payment of the price is due in cash on the day of the event for face-to-face events, and four weeks before the event for in-house training and e-learning. All services of the Six Sigma Management Academy that are not expressly agreed to in the price are additional benefits that are paid for separately. If a fixed price has been agreed, the Six Sigma Management Academy can invoice advance payments based on the progress of the order completion.
5.2
Complaints about Six Sigma Management Academy's invoices must be communicated to Six Sigma Management Academy in writing or by email and justified within a deadline of 21 working days after receipt of the invoice. The Six Sigma Management Academy undertakes to inform the invoice recipients of the deadline and the consequences of their failure to do so in the invoice.
5.3
The customer is only entitled to offset and retain similar claims if they have been legally established or are undisputed. For dissimilar claims, a right of retention is limited to claims based on the same contractual relationship.
§ 6 Implementation and cancellation or cancellation of events
6.1
The face-to-face event will be carried out in accordance with the announced program content and in accordance with recognized didactic and professional principles. The Six Sigma Management Academy reserves the right to relocate or change the program flow, provided that this does not fundamentally change the aim of the event and the change is reasonable for the customer, taking into account the interests of the Six Sigma Management Academy. There is no entitlement to the event being carried out by a specific trainer or at a specific venue. For in-house training, the venue is determined in advance with the customer.
6.2
The Six Sigma Management Academy undertakes to carry out the services to be provided with didactic and professional care to the best of its knowledge, but cannot guarantee that the customer will learn successfully. The Six Sigma Management Academy also does not guarantee that its performance will fall short of the customer's expectations.
6.3
If an event has to be canceled for reasons for which the Six Sigma Management Academy is responsible (e.g. due to illness of the trainer or due to insufficient number of participants), customers will be informed immediately. Participation fees already paid for the events will be refunded. Further claims are excluded.
6.4
If a bindingly agreed service date for in-house training is not canceled by the customer at least 15 working days in advance in writing or by email for reasons for which the Six Sigma Management Academy is not responsible, the Six Sigma Management Academy is entitled to demand full compensation To demand compensation for the service not provided, unless the customer proves to Six Sigma Management Academy that the damage was less or that there was no damage.
§ 7 Customer participation in in-house training/customized training
7.1
The customer's obligations to cooperate are recorded in the order confirmation from the Six Sigma Management Academy.
7.2
The customer bears the additional costs incurred by the Six Sigma Management Academy as a result of the contract execution being delayed due to improper cooperation on the part of the customer. Even if a fixed or maximum price is agreed upon, the Six Sigma Management Academy is entitled to bill additional costs for this additional expense.
7.3
Although Six Sigma Management Academy will take reasonable protective measures to avoid the spread of malware as much as possible (e.g. by using anti-virus programs), it is the customer's responsibility to take appropriate and sufficient security measures on their hardware and software to protect their own files and programs to protect them from loss, destruction or damage.
§ 8 Limitation of liability
8.1
The Six Sigma Management Academy assumes no liability for damage caused by force majeure (e.g. power outages, natural events, labor disputes or traffic disruptions, network and server errors, line and transmission disruptions, viruses or other imponderables of daily life).
8.2
The Six Sigma Management Academy is only liable without limitation in the event of intent or gross negligence. In the event of a breach of essential contractual obligations, the Six Sigma Management Academy is liable even in the event of slight negligence. In this case, the obligation to pay compensation is limited to the foreseeable, typically occurring damage. Essential contractual obligations, also so-called cardinal obligations in the sense of case law, are understood to be those obligations that make the proper execution of the contract possible and on whose fulfillment the customer can rely. Any further liability for damages is excluded.
8.3
The Six Sigma Management Academy is not liable for damages resulting from the fact that the customer himself or third parties have changed or falsified the materials, documents or information provided to him.
8.4
The above limitations of liability also apply in favor of the legal representatives, employees, employees, employees, vicarious agents and vicarious agents of the Six Sigma Management Academy
.
8.5
These limitations or exclusions of liability do not apply to liability arising from injury to life, body and health, according to Section 44a TKG or in the event of the assumption of a guarantee or liability according to the Product Liability Act.
§ 9 Copyrights and publications
9.1
All copyrights and co-copyrights or exclusive rights of use to the training documents, illustrations, etc. created by the Six Sigma Management Academy remain with the Six Sigma Management Academy.
9.2
The passing on of the documents, representations etc. created by the Six Sigma Management Academy as well as the information etc. acquired in connection with the service to third parties and their publication is not permitted unless the parties have a separate agreement on this in writing or in form of emails.
§ 10 Confidentiality
The Six Sigma Management Academy is obliged to keep secret all information about the customer that it becomes aware of as part of this contractual relationship. This applies in particular to all information that the customer describes as confidential or is recognizable as a trade secret.
§ 11 Data protection notice
11.1
The storage and processing of customers' personal data takes place in strict compliance with the EU General Data Protection Regulation and the Federal Data Protection Act.
11.2
The storage and processing of personal customer data only takes place to the extent that this is necessary for the execution and processing of the contractual relationship with the customer and as long as the Six Sigma Management Academy is legally obliged to store this data.
11.3
Personal customer data will only be transferred to third parties with the express consent of the customer or if the transfer is necessary to protect the legitimate interests of Six Sigma Management Academy, unless the legitimate interests or fundamental rights of the customer outweigh them. In addition, the Six Sigma Management Academy is only entitled to transmit customer data if it is legally obliged to release the data. The collection, transmission or other processing of the customer's personal data for purposes other than those stated here is not permitted and does not take place on the part of the Six Sigma Management Academy.
§ 12 Applicable law
German law applies to the contractual relationships existing between Six Sigma Management Academy and the customer, excluding the UN Convention on Contracts for the International Sale of Goods.
§ 13 Place of performance, place of jurisdiction and information on alternative dispute resolution
13.1
If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the place of performance - unless otherwise agreed - is Cologne
.
13.2
If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the courts in Frankfurt am Main have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship with the customer.
13.3
In accordance with the Online Dispute Resolution Regulation (Regulation (EU) No. 524/2013), the European Commission provides a platform for online dispute resolution (OS) for consumers, which the customer can access at https://webgate.ec.europa.eu/odr/ main/index.cfm?event=main.home.show&lng=DE
Can be found. The Six Sigma Management Academy is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
