General Terms and Conditions of von Grundherr Consulting, Krackhardtstraße 6c, 96049 Bamberg, Germany
Part 1 – General Terms and Conditions of Sale
§1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our online presence between us, von Grundherr Consulting (hereinafter: “VGC”); Krackhardtstraße 6c, 96049 Bamberg; Managing Director: Matthias von Grundherr; Telephone number: +49 17662331762; E-mail address: firstname.lastname@example.org and you as our customer. We conclude contracts only with entrepreneurs according to § 14 BGB (German Civil Code) or merchants according to the German Commercial Code.
(2) All agreements made between you and us in connection with the contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of the conclusion of the contract, available at https://vongrundherr.com/terms, shall apply.
(4) We do not accept any deviating terms and conditions of the contractual partner. This shall also apply if we do not expressly object to their inclusion. The General Terms and Conditions of Sale shall apply to entrepreneurs pursuant to Section 14 of the German Civil Code (BGB) or merchants pursuant to the German Commercial Code (HGB) and thus also to all future business relations, even if they are not expressly agreed again.
§2 Conclusion of contract
(1) VGC shall conclude contracts only with entrepreneurs according to § 14 BGB or merchants according to the German Commercial Code. VGC directs its products only to entrepreneurs according to § 14 BGB or merchants according to the German Commercial Code.
(2) The presentation and advertising of products in our online presence does not constitute a binding offer to conclude a service contract. It constitutes an invitation to entrepreneurs according to § 14 BGB or merchants according to the German Commercial Code to submit an offer to conclude a service contract with VGC.
(3) By sending an order via the online presences of VGC, you submit a legally binding offer, directed to acceptance by VGC.
(4) We shall immediately confirm receipt of your order placed via our online presence by e-mail. Such e-mail shall not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(5) A contract is only concluded when we accept your order by means of a declaration of acceptance or by providing the booked course.
(6) A right of revocation does not exist for contracts entered into by telephone with entrepreneurs.
(7) The contract between us and the customer can be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer shall not be entitled to receive the contents of the contract from us again in written form, unless otherwise agreed.
§3 Subject of the contract and fulfillment
(1) VGC offers its customers the performance of services within the framework of a service contract pursuant to § 611 BGB. These are courses for further training in “Social Media” for entrepreneurs according to § 14 BGB or merchants according to the German Commercial Code. Consulting is a free process that depends on many factors. Certain works are not the owed performance of the service contracts. The mere work of VGC is owed and no specific work result.
(2) VGC does not owe the production of a promised work, but merely the provision and performance of the course or service agreed upon in the contract. The fulfillment of the contract lies solely in the provision and implementation of the course and not in the production of a work. VGC does not owe the successful implementation of the information of the course by the customer. If a separate remuneration for the achievement of a certain success of an advertising measure has been agreed upon, it shall be paid to VGC as a success-dependent bonus.
(3) VGC shall assist the customer as a process companion and supporter. The actual implementation of the course contents is carried out by the customer himself and falls under his area of responsibility – VGC is not involved in this. The customer is therefore required to actively participate and implement the advice.
(4) VGC shall perform the agreed services with due diligence. VGC shall be entitled to avail itself of the assistance of third parties for this purpose.
(5) Upon request, the customer shall be provided with information on the services rendered under the contract within a reasonable period of time.
(6) With regard to the contents of a coaching, service and/or consulting contract entered into with us, we shall be entitled to a right to determine performance pursuant to Section 315 of the German Civil Code (BGB).
(7) The customer is obligated to cooperate within the framework of the contractual relationship. He shall provide the necessary cooperation immediately upon our first request.
(8) If it is not possible to provide the services ordered by you, for example for technical reasons, we shall refrain from issuing a declaration of acceptance. In this case a contract is not concluded. We will inform you of this without delay and, if applicable, immediately refund any consideration already received.
§4 Prices, terms of payment, set-off and right of retention
(1) All prices quoted in our online presence are binding net prices and do not include the respective statutory value added tax.
(2) The course price must be paid immediately upon receipt of our invoice. The course price becomes due upon receipt of the invoice.
(3) You may choose to transfer the course price to our account indicated in the invoice or to grant us a direct debit authorization. In the case of a direct debit authorization, we will debit your account at the earliest at the time stipulated in paragraph 1. A direct debit authorization granted shall also apply to further orders until revoked.
(4) In the event that agreed direct debits cannot be collected from the customer’s account and a chargeback occurs, the customer is obligated to transfer the amount owed within three business days after the chargeback and to bear the costs caused by the chargeback.
(5) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. The same applies to the exercise of a right of retention for a counterclaim arising from the same contract.
(6) Payment for the booked services/consultations is only possible by way of advance payment using the SEPA direct debit procedure. For this purpose, you are obligated and declare your consent to send us a written SEPA direct debit mandate signed by you immediately after the telephone call to: email@example.com und von Grundherr Consulting, Krackhardtstraße 6c, 96049 Bamberg (by post after the call). For this purpose, the following sample is to be used by you:
I authorize von Grundherr Consulting, Krackhardtstraße 6c, 96049 Bamberg, represented by the managing director Matthias von Grundherr, and their vicarious agents, to make recurring payments due from my account
by means of a SEPA basic direct debit. At the same time, I instruct my credit institution to honor the direct debits drawn on my account by von Grundherr Consulting, Krackhardtstraße 6c, 96049 Bamberg. I may request reimbursement of the debited amount within eight weeks, beginning with the debit date. The conditions agreed with my credit institution for payments by direct debit in the SEPA Core Direct Debit Scheme apply.
First name and surname of the account holder:
Street and house number of the account holder:
Postal code and city:
Credit institution (name and BIC):
Signature of the account holder:
(7) Entrepreneurs and merchants will receive an invoice for the booked services upon request (e-mail).
§5 Terms of delivery, reservation of advance payment and delay
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) Delivery shall be made upon receipt of payment and the necessary data of the customer by VGC, unless otherwise agreed (advance payment reservation).
(3) If the customer is in default with due payments, VGC reserves the right not to perform other services until the outstanding amount has been settled.
§6 Termination and term
(1) The contract shall have the term agreed between the parties.
(2) The right to terminate without notice for good cause shall remain unaffected.
(3) In the event of premature termination by the customer for good cause, our claim to remuneration shall remain unaffected. The customer shall have the right to prove that we have incurred no damage or significantly less damage.
(4) Terminations must be in writing to be effective.
(5) If the customer is in default with at least two due payments, VGC shall be entitled to terminate the contract extraordinarily and to claim the remuneration that would have accrued until the agreed termination date as damages.
(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 futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which you as the customer may regularly rely and trust (cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(1) We have copyrights to all images, films and texts published on our website. A use of the images, movies and texts, is not permitted without our express consent. Furthermore, it is also not allowed to use images, movies and texts that are created in the course of web design work or marketing services in the form of a customer relationship. If this is permitted, a separate entry will always be made in the service contract.
(2) The violation of our trade and business secrets as well as our copyrights will always be prosecuted under civil law and brought to the attention of the competent investigating authority under criminal law.
(3) The customer does not receive any right of use with regard to advertising texts / thumbnails published by us on our websites or within forums / groups.
§9 Data protection and data security
(1) The customer assures to comply with the provisions of the Basic Data Protection Regulation (DS-GVO) and the Federal Data Protection Act (BDSG) when passing on personal data to VGC.
(2) If VGC is to process data on behalf of the customer (commissioned processing), a separate agreement (in writing) to be remunerated shall be concluded between the parties.
§10 Applicable law and place of jurisdiction
(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.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of VGC, Bamberg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Part II – Special regulations for the use of our services
§1 Respectful treatment
(1) Within the framework of the contractual relationship with our company, the customer must always treat other participants/customers and our employees with respect.
(2) In the event of culpable violations, we are entitled, after one warning, to temporarily or permanently block the customer’s access to our program and training content at our reasonable discretion or to exclude the customer from participating in our training courses. In this case, the customer’s contractual obligations to us remain unaffected.
§2 Disruption of training and service processes
(1) Both inside and outside the training structures provided by us, the customer is prohibited from disrupting the training and service processes provided by us in any way or influencing the customer experience in any other way.
(2) In the event of culpable infringement, we are entitled, after a one-time warning, to temporarily or permanently block the customer’s access data to member areas or live calls at our reasonable discretion. The customer’s contractual obligations to us shall remain unaffected in this case.
§3 Acquisition of other coaching participants
(1) In individual cases, the customer is permitted to canvass other coaching participants or members of our training for his own business purposes. However, a systematic customer acquisition and or harassment of a coaching participant through acquisition attempts is prohibited.
(2) In the event of culpable infringement, we are entitled, after a one-time warning, to exclude the customer temporarily or permanently from participation in our member networks (e.g. Facebook group) at our reasonable discretion. The customer’s contractual obligations towards us shall remain unaffected in this case.
§4 Inadmissible disclosure of account login data
(1) The customer is expressly prohibited from disclosing the account or login data to our member areas to third parties, unless we have expressly agreed to such disclosure. (For example, for sharing relevant content with permanent employees of the customer).
(2) We are entitled to permanently monitor access to our IT systems via IP comparison. The use of technologies that disguise, otherwise falsify or anonymize the user’s IP address when accessing our IT systems as well as program and training content (for example, using a Tor browser) is prohibited.
(3) In the event of culpable infringement of the obligations under paragraphs 1 and 2, we shall be entitled to block the customer’s account to our systems temporarily or permanently at our reasonable discretion. The customer’s contractual obligations towards us shall remain unaffected in this case.
(4) Unauthorized disclosure of account login data (also referred to as account sharing) is a criminal offense, which we will have prosecuted under civil and criminal law.
§5 Non-Disclosure Agreement (NDA)
(1) During communication with participants in our training, internal company information and business details may be disclosed. In this respect, complete confidentiality must always be maintained with regard to external parties and third parties. Dissemination of this information is prohibited.
(2) In the event of culpable infringement, we shall be entitled, after a one-time warning, to temporarily or permanently block the customer’s access data to member areas or live calls at our reasonable discretion. The customer’s contractual obligations towards us shall remain unaffected in this case.
Terms Status: 01.01.2021
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