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Imprint - Terms and conditions |
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| | General terms and conditions for further education and training | | The following general terms and conditions apply to participation in any events organised by Bayern Innovativ GmbH, BayTech division, in the context of further education and training.
§ 1 Scope
(1) The following general terms and conditions apply to participation in any events organised by Bayern Innovativ GmbH, BayTech division, within the framework of further education and training and to the goods offered here.
(2) The conditions regarding participation can be accessed on-line, stored as a pdf file or sent out as a print-out on request at any time.
(3) Insofar as these conditions of participation do not specify anything to the contrary, the law of the Federal Republic of Germany shall be applicable.
§ 2 Formation of contract
The presentation of the products in the on-line shop does not constitute a legally binding offer. It is only a non-binding on-line catalogue. By clicking the “Send order” button, you place a binding purchase order for the goods contained in the shopping basket. The receipt of the purchase order will be acknowledged immediately after the order has been sent. This purchase order acknowledgement constitutes the formation of a contract. An invoice will be sent to you separately by post.
§ 3 Number of participants
As a rule, the number of participants is limited. Registration is accepted on a first-come-first-served basis. If participation is not possible due to overbooking, you will be informed immediately.
§ 4 Participation fee
(1) The attendance fee quoted is shown both including and not including the statutory value added tax. Catering for participants and any accommodation that may be necessary shall be provided by BayTech only if this is expressly included in the respective seminar offering.
(2) Payment shall be made without deduction, quoting the invoice number, by transfer to the account stated on the invoice no later than ten days after the date of invoice.
(3) Cancellation may only be submitted in writing. Should the cancellation be made up to 10 working days prior to the beginning of the event, the participation fee shall be refunded less a 10% processing charge. Up to 5 days prior to the beginning of the event, 50% of the participation fee shall be charged. In the event of cancellation at a later point or of non-attendance, the participation fee shall be charged in full. The date of receipt of the cancellation by BayTech is the deciding factor. The participant has the right to prove in individual cases that the organiser has suffered less damage. The processing charge shall be waived if the person registering registers another participant to attend the corresponding event in his place or if no participation fee is charged.
§ 5 Changes of date/programme
(1) In the event of there being too few participants or for other important reasons, the organiser may postpone or cancel the event, or combine it with other events. In this case, the participant shall have no right to withdraw from the contract. Further rights, in particular to reimbursement of expenses (cancellation fees for travel or hotel bookings), shall have no validity.
(2) The organiser reserves the right to alter the programme for important reasons. In particular, the organiser is entitled in justified cases to have the event run by persons other than the teachers advertised.
§ 6 Documents provided
No documents or software made available or provided for participants’ use by BayTech within the framework of the event may be reproduced, processed by means of electronic systems, copied, distributed or used for public reproduction without written consent from BayTech.
In the event of infringement, the participant shall have to pay damages where applicable.
§ 7 Warranty
No responsibility shall be assumed for any advice given or for the commercial utility of the knowledge acquired. Otherwise the warranty satisfies the legal requirements.
§ 8 Liability
(1) Any claims for damages on the part of the participant, on whatsoever legal basis, in particular due to neglect of duty arising from obligations or wrongful act, are ruled out. This shall not apply insofar as liability is compulsory, e.g. in the event of wrongful intent or gross negligence, of physical injury or of breach of substantial contractual obligations. In the event of breach of substantial contractual obligations, liability shall be limited, however, to compensation for foreseeable, typical, direct average damages depending on the type of event, insofar as liability is not compulsory due to another of the above-mentioned legal grounds.
(2) In addition, damage claims – irrespective of their legal nature – shall be limited to the total sum of the participation fee.
§ 9 Data regarding the person registering / data protection
(1) BayTech points out that those registering have to state their correct address data. If this is disregarded, BayTech reserves the right to take legal action.
(2) Participants are asked to note that the data thus gathered will be stored by BayTech in machine-readable form and processed within the context of the application of the contractual relationship. BayTech guarantees that the data will be treated confidentially.
§ 10 Concluding provisions
(1) Wherever these conditions regarding attendance require anything to be in writing, the sending of an e-mail or telefax shall be equivalent to this written from.
(2) The law of the Federal Republic of Germany shall apply to all legal relationships arising from registration to attend any events offered by Bayern innovativ GmbH, BayTech division, within the framework of further education and training.
(3) The official language of the contract is German.
(4) The place of jurisdiction shall be Nuremberg, insofar as the person registering is a businessperson, a legal entity under public law or special fund under public law.
(5) Should any provision of these general terms and conditions be or become invalid or contestable, the other provisions shall remain unaffected.
§ 11 Right of cancellation
1. Right of cancellation of registration for seminars
(1) The following paragraph 2 shall only apply to consumers, i.e. insofar as registration has been made to a purpose which cannot be ascribed to a commercial or independent professional activity.
(2) The contract can be cancelled within 14 days of receipt of the acknowledgement of registration and detailed instruction in written form regarding cancellation. Cancellation does not require a statement of reasons, but must be in written form (e.g. letter, fax, e-mail). To comply with the time limit, it is sufficient that the cancellation be sent in good time. The right of cancellation of a service shall expire if the provider begins the service with the express consent of the consumer prior to the end of the cancellation time limit or if the consumer himself has prompted this.
2. Right of cancellation of order of goods
You may cancel your contractual declaration in writing (e.g. letter, fax, e-mail) without stating your reasons, or by returning the goods, within two weeks of receipt of the goods and detailed instruction in written form regarding cancellation, unless you have acted in the practice of your commercial or independent professional activity (order by businessperson). The time period for cancellation begins upon receipt of the goods and detailed instruction on cancellation in written form. To comply with the time limit, it is sufficient that the cancellation be sent in good time. Notice of cancellation must be sent to:
Bayern Innovativ GmbH
-Geschäftsfeld BayTech-
Gewerbemuseumsplatz 2
90403 Nürnberg
Germany
In cases of delivery of audio or video recordings or of software, the right of cancellation shall expire insofar as the data carriers delivered have been unsealed by the consumer.
3. Consequences of cancellation
In the event of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered.
If you are either wholly or partly unable to restore the goods received or can restore them only in an impaired condition, you shall have to pay compensation for the value accordingly. This shall not apply if the impairment of the goods is due exclusively to the examination of the goods, as would have been possible for you in a shop, for example. Beyond that, you can avoid the obligation to pay compensation for the value by not using the goods as if they were your property and avoiding anything which may impair their value.
Goods shall be returned at your expense if the the goods delivered correspond to those ordered and if the the price of the goods to be returned does not exceed the sum of 40 euros or, in the event that the price is higher, if at the time of cancellation you have not made the full or the contractually agreed partial payment. Otherwise you may return the goods free of charge.
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