ALLGEMEINE GESCHÄFTSBEDINGUNGEN BEZÜGLICH DIENSTLEISTUNGEN.
Last Updated on 12.12.2023
Terms and Conditions
The German version of the GENERAL TERMS AND CONDITIONS FOR SERVICES shall apply. This translation of the German version into English is provided for the convenience of the reader only.
1 Scope of application
(1) All deliveries, services and offers of Dr. Michael Thiemann are subject to these General Terms and Conditions. These are part of all contracts that Dr. Michael Thiemann concludes with its contractual partners (hereinafter also referred to as “customer”) for the deliveries or services offered by Dr. Michael Thiemann. 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 Dr. Michael Thiemann does not specifically object to their validity in individual cases. Even if Dr. Michael Thiemann refers to a letter or e-mail that contains or refers to the terms and conditions of the customer or a third party, this does not constitute agreement 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 sent by email, but this is not limited to email.
(2) Our services are also sold by authorized partners and third-party providers in their own name (e.g. Digistore, etc). When booking / concluding a contract with a third-party provider/sales partner, only their terms and conditions apply. Dr. Michael Thiemann is not responsible for the actions of sales partners / third-party providers.
(3) If we advertise services but a contract is concluded through 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 customers, registrations will be considered in the order in which they are received.
(5) We are entitled to restrict our offers to specific customer groups (e.g. merchants, entrepreneurs) in individual cases. We will provide information about this before the contract is concluded in each individual case.
(6) The contract language is German.
3 Prices for seminars and events, cancellations and rebookings
(1) Participation in training or seminar events is subject to the prices stated in the course programs or, for example, in the case of company events, the individually agreed prices.
(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 event services, event documents (subject to availability), lunch and drinks during breaks, unless otherwise stated by us.
(4) Other costs associated with the training, such as accommodation and travel costs, shall be borne by the participant. Non-attendance or only occasional attendance at an event 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. an as yet undetermined future date, Dr. Michael Thiemann will suggest (alternative) dates for the seminar for the customer to choose from. A binding appointment booking is made when the customer selects and notifies the alternative date.
(6) Dr. Michael Thiemann is entitled to grant a one-time rebooking request from the customer up to a maximum of 4 weeks before the selected seminar date. In this case, a processing or conference fee of €300.00 plus VAT will be charged. Rebooking is no longer possible within the four weeks prior to a bindingly booked seminar date. Dr. Michael Thiemann reserves the right to postpone booked seminars for good cause, in particular in the event of short-term official requirements and instructions.
(7) If a participant is unable to attend the booked event / seminar due to illness or other reasons, he is entitled to transfer his booking to another, third person. The prerequisite is that the respective event / seminar price has been paid in full and that the price paid remains with Dr. Michael Thiemann to fulfill the obligations of the replacement participant.
(8) If a seminar cannot take place in a location due to force majeure, we provide a guarantee of performance in the form of an online seminar on the same or an alternative date.
(9) Unless otherwise stated, the agreed fees and prices include the applicable sales tax.
(10) Dr. Michael Thiemann always issues an invoice to the customer. When booking via the online store, Dr. Michael Thiemann is entitled to send the invoice as a PDF file by e-mail.
(11) In the event of default, we are entitled to charge customers who are not consumers within the meaning of § 13 BGB a default fee of 40.00 euros (§ 286 para. 5 BGB).
4 Conduct of events and seminars, cancellation and cancellation
(1) The venue is indicated in the current event description or in the confirmation letter, for 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 of official restrictions/conditions (e.g. during pandemics, force majeure), Dr. Michael Thiemann is entitled to offer the customer an alternative event within 12 months of the date of the canceled event with 30 days’ notice. Only if no alternative offer is made within this period is the customer entitled to withdraw from or terminate the contract. Withdrawal/termination for good cause is excluded. We recommend taking out cancellation insurance.
(3) Dr. Michael Thiemann is entitled to unilaterally adjust the times of events/seminars within reasonable limits. The customer will be notified of the adjustment no later than 7 days in advance. The total duration of the event will not be reduced.
5 Copyright and Rights of Use
(1) All copyrights and other proprietary rights regarding the event documents, including those of translation, reprinting and reproduction, remain with Dr. Michael Thiemann. Without the prior written permission of Dr. Michael Thiemann, no user may reproduce, duplicate, distribute or publicly display the event documents, in whole or in part, in any form, not even for teaching purposes.
(2) Any permissions by Dr. Michael Thiemann are to be requested by e-mail. Permission requires the text or written form by Dr. Michael Thiemann.
(3) We hold the copyrights to all images, films and texts published on our websites. Any use of the images, films and texts without our express consent is not permitted and will be prosecuted by us under civil and criminal law.
6 Warranty
(1) We are liable for material defects or defects of title of delivered items according to the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code) – as far as relevant. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller’s warranties we may have provided for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall apply in addition to claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties can be found in the warranty conditions that may accompany the items.
7 Behavior and consideration, domestic authority
(1) When posting reviews and comments on social media, the customer is obliged to take our interests into consideration. In particular, the customer may not publish or distribute any untrue factual claims or defamatory reviews about us, our programs and our events.
(2) We exercise the right to expel at our events and seminars. The customer must follow our instructions. We are entitled to exclude the customer from the event for the remaining time after a single warning in the event of violations. The customer’s obligation to pay remains unaffected in these cases.
(3) Paragraph 2 applies accordingly to bookings made through sales partners / third-party providers and also to virtual events (e.g. webinars).
8 Liability
(1) We shall be 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, we shall only be liable – unless otherwise provided for in paragraph 3 – for the breach of a contractual obligation, the fulfilment of which is essential to the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) The above limitations and exclusions of liability shall not affect our liability for damages arising from injury to life, limb or health and under the Product Liability Act.
9 Right of withdrawal
(1) If our customers are not consumers within the meaning of § 13 BGB (German Civil Code), there is no legal right of withdrawal after booking our services at a distance. We also do not recognize a right of withdrawal on a contractual basis.
(2) If our customers are consumers within the meaning of § 13 BGB, § 312g para. 2 no. 9 BGB applies when booking our scheduled seminars and events. The customer will receive separate instructions from us by email regarding the right of withdrawal. We are entitled to provide the instruction in text form (PDF file).
10 Applicable law, dispute resolution
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and at the time of your order you have your habitual residence in another country, 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 the online resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes regarding 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.
(3) The place of performance for companies and merchants is Nottuln.
(4) The exclusive commercial place of jurisdiction is Coesfeld.