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GTC

General Terms and Conditions of KLP Digitale Produkte GmbH

User:

KLP Digitale Produkte GmbH

Beethovenstr. 13

66111 Saarbrücken

Phone: 030/515659142

E-mail: [email protected]





1. Scope of application

(1)These General Terms and Conditions (GTC) apply exclusively to all business relationships between KLP and customers in connection with orders placed with KLP Digitale Produkte GmbH (hereinafter referred to as “KLP”).

(2)KLP does not conclude contracts with consumers within the meaning of § 13 BGB. By booking the selected service, the customer declares that he/she is not a consumer.

Entrepreneurs within the meaning of Section 14 BGB are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity when concluding the contract.

(3)If the client is a merchant, a legal entity under public law or a special fund under public law, these Terms of Use shall also apply to future business relationships with the client without KLP having to refer to them again in each individual case. The same applies if the customer is an entrepreneur within the meaning of § 14 BGB.

(4) Deviating, conflicting or supplementary general terms and conditions of the client shall only become part of the contract if and insofar as their validity has been expressly agreed by KLP. This requirement for consent applies in all cases, even if KLP performs the services without reservation in full knowledge of the conditions.



2. Contractual partner, conclusion of contract, ordering process

(1)The contract for the services offered is concluded with KLP.

(2)The product presentations in the online store represent a purchase offer to the customer. To accept this offer, the customer can first place the products in the shopping cart without obligation and then press the “Continue” button to initiate the order process. After entering the data required for the order and the associated execution of the services ordered, the customer is taken to the final order page. Here he can check his order again and change his details if necessary. By clicking on the “Buy now” button, the customer accepts KLP’s offer with binding effect. The customer is then redirected to the Stripe payment page, where the customer selects the desired payment method and the payment is processed. With regard to payment, reference is also made to Section 5 of these General Terms and Conditions. Immediately after sending the order, the customer receives another order and order confirmation with the details of the contract by e-mail.



3. Provision of services, right of withdrawal

(1)Ordering seminars

When a seminar is ordered, the service is provided by KLP on the specific dates indicated. The service is provided online by means of a video conference. At the latest one (1) working day before the start of the video conference, the customer will receive a link with which they can connect. To participate, the customer needs an Internet-enabled device and a stable Internet connection. The customer is responsible for fulfilling these requirements.

(2)Purchase of foundation packages

KLP’s services for the purchase of start-up packages are provided in several steps:

(a)Upon payment, the client acquires a specific service package from KLP. Once the order has been placed, KLP will contact the customer within 1 to 3 working days to arrange an initial consultation appointment. In this initial consultation, the topics to be worked on are specified with regard to the package booked and the customer’s wishes are discussed.

(b)Insofar as legal advice or legal services are included in the individual packages, these are always provided by lawyers. As far as possible, these services are provided by MAP Rechtsanwälte (hereinafter referred to as “MAP”). MAP’s Terms and Conditions of Mandate also apply to these services. If it is not possible for MAP to provide the legal advice, KLP will endeavor to commission another law firm to provide the legal advice. If these efforts are unsuccessful, KLP reserves the right to withdraw from the contract.

(c)Following the initial consultation appointment, a schedule will be drawn up and agreed with the client in which all further services will be provided.

4 Contract language, contract text storage

(1)The language available for the conclusion of the contract is German.

(2)The text of the contract is stored by KLP and is no longer accessible to the client after conclusion of the contract.



5. Remuneration and terms of payment

(1)Unless otherwise stated, the remuneration stated on the product pages is subject to a surcharge. VAT at the statutory rate at the time the service is rendered.

(2)Various payment options are available to the customer.

If a payment method offered by Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”) is selected, payment processing is subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/de/terms. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately.

The following payment options are available to the customer via the payment provider Stripe:

Payment by credit card

SEPA Direct Debit

(2.1)If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

(2.2)If the payment method direct debit via Stripe is selected, Stripe will collect the invoice amount from the customer’s bank account after a SEPA direct debit mandate has been issued, but not before the deadline for advance information on behalf of the seller has expired. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.

(3)When selecting a payment method offered by PayPal, the CUSTOMER will be redirected to the website of the online provider PayPal during the ordering process. Payment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) is subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

The payment transaction will be carried out automatically by PayPal immediately afterwards. The CUSTOMER receives further information during the ordering process.



6. Liability and warranty

(1)The product-specific warranty obligations shall be determined in accordance with the statutory provisions. Guarantees are generally not provided by KLP or only in individual cases expressly marked as a guarantee.

(2)The liability of KLP, its legal representatives and vicarious agents for breach of duty and tort is limited to intent and gross negligence. KLP, its legal representatives and vicarious agents shall also be liable for slight negligence in the event of a breach of material obligations that jeopardise the purpose of the contract (cardinal obligations). In any case of slight negligence, liability shall be limited to the foreseeable damage typical for the contract.

(3)The exclusion or limitation of liability shall not apply to liability for damages resulting from injury to life, limb or health or insofar as the Product Liability Act applies.



7. Reviews of the online store

If KLP offers the client the option, the client is entitled to enter a rating in the online store. Reviews are intended to reflect personal opinions and experiences with the services offered by KLP. Reviews must not be offensive or defamatory, otherwise KLP reserves the right to delete them.



8.Data protection

(1)KLP shall comply with the applicable, in particular observe the data protection regulations applicable in Germany and obligate their employees deployed in connection with the contract and its implementation to maintain data secrecy, unless they are already generally obligated accordingly.

(2)If KLP collects, processes or uses personal data, it shall be responsible for ensuring that it does so in accordance with the applicable, in particular data protection regulations.

(3)KLP shall only collect and use client-related data to the extent required for the performance of this contract. The customer agrees to the collection and use of such data to this extent.

(4) KLP is entitled to pass on the necessary data to third parties if it commissions them to carry out work in relation to the client order.

(5)In all other respects, reference is made to the KLP privacy policy.



9. Final provisions

(1)German law shall apply exclusively, to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

(2)Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

(3)There are no verbal or written collateral agreements.

(4)The place of jurisdiction for all disputes arising from contractual relationships between the client and KLP is the registered office of KLP.