General terms and conditions

 

General terms and conditions (GTC) for events of the b39 academy of IDS Innovation GmbH

1.
General

The following general terms and conditions apply in the version valid at the time of the conclusion of the contract for all events between the customer and the b39 Academy, IDS Innovation GmbH, Dimbacher Straße 6-8, 74182 Obersulm (hereinafter referred to as b39 Academy).

Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if the b39 Academy does not expressly object to them or the customer refers to them when placing an order. The customer's contractual provisions shall not apply even if the b39 Academy accepts the customer's services without reservation in the knowledge of these contractual conditions. Individual agreements between the b39 Academy and the customer shall in any case take precedence over these general terms and conditions.

2.
Registration
and conclusion
of contract

 The events offered on the website or other media of the b39 Academy are subject to change and non-binding, especially with regard to the stated participation fee. Technical as well as other changes of the offered events are reserved within the scope of the reasonable. Some of our events have a participant limitation for didactic reasons. Registrations will be considered in the order in which they are received.

The registration for an event must be made in text form by the client. Online registration for an event shall be made using the registration form provided on the website of the b39 Academy. By confirming the participant data with a click on "Complete registration" the participant registers bindingly for the event. With the order of an event or registration of a participant, the present terms and conditions are accepted and the seminar participation is legally binding.

For in-house measures you will receive an order confirmation with all data. You are welcome to send us an order.

3.
Terms of
payment

The participation fee is a net amount in Euro in addition to the applicable statutory value added tax. The invoice is due for payment without deduction immediately upon receipt.

In the case of in-house measures, the seminar costs are invoiced after completion of the event and are due upon receipt.

If the customer defaults on payment, b39 Academy is entitled to claim damages for delay (e.g. interest on arrears in the amount of 5 percentage points above the legal base interest rate (§ 247 BGB) per year from the occurrence of delay, reminder fees after the first reminder, collection fees).

 

4.
Cancellation
and
resignation

b39 Academy reserves the right to cancel events up to 14 days before the start of the event if not enough participants register to hold the event. Events can also be cancelled for reasons beyond the control of the b39 Academy (e.g. illness of the speaker or technical reasons). In this case, the participation fees will be completely refunded without being asked. Cancellation costs in connection with travel and accommodation will not be covered by the b39 Academy.

In the event of cancellation, due to a lack of participants at the time, the participant has the right to ensure the training by increasing the payment accordingly in order to secure the fees for the missing required participants or to adjust the scope of the course.

By declaration in text form, the customer can withdraw from the contract at any time. If the withdrawal is declared at least 4 weeks before the start of the event, the full participation fee will be refunded. For cancellations between 4 and 2 weeks before the event, 50% of the participation fee is due. In case of later declaration, the full participation fee will be charged. The date of receipt of the cancellation by the b39 Academy is decisive.
The customer can name a replacement participant for the event at any time free of charge.

Due to the current situation and the uncertainty that comes along, you can cancel events up to 15 days before the start of the event, free of charge. Should a non-participation not be know until later, please contact us and we will find a suitable solution together.

For in-house measures you have the possibility to arrange an alternative date within 3 months.

5.
Services

The participation fee includes the participation in the event and the respective documents. For events with presence, the attendance fee also includes the catering provided during the event. It does not include travel, accommodation and other catering costs. 

The content and schedule of a business event and the deployment of trainers can be changed while maintaining the overall character of the event.

6.
Notification
of participation

If the customer has participated in the entire event, he will receive a certificate of participation from the b39 Academy. Excluded are events under 3 hours.

If the event is marked as a certificate course, the participant shall receive the certificate shown in the offer after complete participation with corresponding proof of performance or after passing the final examination.

 

 

7.
Liability

The organizer is liable for damages resulting from injury to life, body or health as well as for other damages based on intentional or grossly negligent breach of duty or fraudulent intent, as well as for damages covered by liability according to mandatory legal regulations, such as the Product Liability Act, as well as in the case of acceptance of guarantees.

The organizer is only liable for slight negligence in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the agreement and on the observance of which the contractual partner may regularly rely.
In the case of slight negligence, liability is limited to the amount of the foreseeable damage typical for the contract, the occurrence of which must typically be expected.

The above liability regulations also apply in favour of the legal representatives and vicarious agents of the organiser.

Supplementary liability conditions in the context of events

The customer is liable for the participants registered by him in case of culpable damage to the training equipment or materials. In the event of theft or loss of items brought in by the customer or individual participants, b39 Academy is only liable for intent and gross negligence.

The b39 Academy website contains links to third party websites as an additional service or as a courtesy. The b39 Academy has no influence on the content of the linked third-party websites. Therefore, the b39 Academy is not liable for the accuracy, timeliness and completeness of the information provided there. Furthermore, the b39 Academy expressly distances itself from the content of all linked websites. We do not guarantee the functionality and/or correctness of the pages or the data, services or work offered thereon and are under no circumstances liable for damages or consequential damages or any kind of loss, which are caused directly or indirectly by the operation, non-operation, use or application in any form. The b39 Academye would like to point out that contractual relationships with third party providers are exclusively subject to their terms and conditions.

8.
Right of
withdrawl
for consumers

Consumers have a statutory right of withdrawal for distance contracts. A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activities.


Cancellation policy

Right of withdrawl
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us (IDS Innovation GmbH, b39 Academy, Dimbacher Straße 6-8, 74182 Obersulm, Tel. +49 7134 96196 -714, e-mail) by means of a clear statement (e.g. a letter sent by post or akademieb39de) of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory. If you make use of this option, the b39 Academy will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation
If you revoke this agreement, b39 Academy shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the service should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the cancellation of this contract compared to the total amount of services provided for in the contract. 

End of the right of withdrawal


Sample withdrawl form

If you wish to cancel the contract, please fill out and return this form.

IDS Innovation GmbH
b39 Academy
Dimbacher Straße 6-8
74182 Obersulm

Email: akademieb39de

Hereby I / we (*) revoke the contract concluded by me / us (*) for the purchase of the following goods / services (*) and ask you to transfer the money back to the bank address given below 
Ordered on (*) / received on (*): 
Name:
Address:
Account details (IBAN) for return bank transfer:
Date:

Signature (only for notification on paper)
(*) Delete as applicable

9.
Copyright

All seminar documents and online trainings provided are protected by copyright. Without the prior written consent of the copyright holder (b39 Academy or the respective lecturer) the documents may not be copied, published or otherwise distributed (including free distribution to colleagues or third parties).

 

 

10.
Competition law
note after
§ 7 Article 3
of the UWG

We use your e-mail address to inform you about similar products (goods and services) that you have already purchased from us and which we therefore assume are of interest to you.
If you no longer wish to receive such advertising, you can follow the objection link in the e-mail or raise an objection at any time without incurring any transmission costs other than those under the basic tariffs. You can submit your objection informally by mail, fax, telephone or e-mail to our contact details: akademieb39de

After you have lodged an objection, we will not send you any further advertising e-mails.

 

 

11.
Data protection

When processing personal data, the b39 Akademie observes the legal regulations on data protection. Details about the data collected and their respective processing can be found in the privacy policy of b39 Academy / IDS Innovation GmbH.

 

 

12.
Final
provisions

All legal relations shall be governed exclusively by German law, excluding the provisions of the Uniform UN Convention on Contracts for the International Sale of Goods (CISG).

Collateral agreements, amendments and supplements must be made in writing to be legally effective. This shall also apply to any change to the written form requirement. 

In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for lawsuits shall be the registered office of IDS Innovation GmbH, or, at our discretion, the registered office of the contractual partner.

Should individual provisions be entirely or partially invalid or should a gap in the contract become apparent during the execution of a contract which requires supplementation, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to endeavor the replacement of the invalid provision by a provision which comes as close as possible to the invalid provision in terms of its economic success.

Information on online dispute resolution: Online Dispute Resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for Online Dispute Resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. Our e-mail address for consumer complaints is akademie39de.