Terms

1. Scope

(1) These General Terms and Conditions shall apply exclusively to all business relationships between nonprismatic and customers in connection with orders placed with nonprismatic digital solutions GmbH (hereinafter “nonprismatic”).

(2) nonprismatic does not enter into contracts with consumers within the meaning of § 13 of the German Civil Code (BGB). By booking the selected service, the customer declares that they are not a consumer. Entrepreneurs within the meaning of § 14 BGB are natural or legal persons or partnerships with legal capacity who, when entering into the contract, act in the exercise of their commercial or independent professional activity.

(3) If the customer 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 customer without nonprismatic having to refer to them again in each individual case. The same shall apply if the customer is an entrepreneur within the meaning of § 14 BGB.

(4) Any deviating, conflicting or supplementary general terms and conditions of the customer shall become part of the contract only if and to the extent that nonprismatic has expressly consented to their application. This requirement of consent shall apply in all cases, including where nonprismatic performs the services without reservation despite being aware of the customer's terms and conditions.

2. Conclusion of the Contract

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

(2) The product listings in the online shop constitute an offer to the customer to purchase. To accept this offer, the customer may first place the products in the shopping cart without obligation and then click the “Continue” button to initiate the ordering process. After providing the information necessary for the order and the associated performance of the services ordered, the customer is taken to the final order page. Here, the customer can review the order again and amend their details if necessary. By clicking the “Buy now” button, the customer accepts nonprismatic's offer with binding effect. The customer is then redirected to Stripe's payment page, where the customer selects their preferred payment method and payment is processed. In all other respects, reference is made to Section 5 of these General Terms and Conditions regarding payment. Immediately after submitting the order, the customer will also receive an order and contract confirmation containing the contract details by email.

3. Performance of Services

(1) Booking seminars

When a seminar is booked, nonprismatic will provide the service on the specifically stated dates. The service is provided online by means of a video conference. No later than one (1) working day before the video conference begins, the customer will receive a link enabling them to join. To participate, the customer requires an internet-enabled device and a stable internet connection. The customer is responsible for ensuring that these requirements are met.

(2) Purchasing company formation packages

(a) By making payment, the customer acquires a specific service package from nonprismatic. Following placement of the order, nonprismatic will contact the customer within 1 to 3 working days and arrange an initial consultation. During this initial consultation, the matters to be addressed in relation to the package booked will be specified and the customer's wishes discussed.

(b) To the extent that individual packages include legal advice or legal services, these will always be provided by lawyers. Where possible, these services will be provided by MAP Rechtsanwälte (hereinafter “MAP”). MAP's terms of engagement shall additionally apply to these services. If MAP is unable to provide the legal advice, nonprismatic will endeavour to engage another law firm to provide the legal advisory services. If these efforts are unsuccessful, nonprismatic reserves the right to withdraw from the contract.

(c) Following the initial consultation, a schedule for the provision of all further services will be drawn up and agreed with the customer.

4. Contract Language and Storage of the Contract Text

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

(2) The contract text is stored by nonprismatic and is no longer accessible to the customer after the contract has been concluded.

5. Remuneration and Payment

(1) Unless otherwise stated, the remuneration specified on the product pages is exclusive of value added tax at the statutory rate applicable at the time the services are provided.

(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 (“Stripe”) is selected, payment will be processed subject to Stripe's terms of service (https://stripe.com/de/terms). The following payment options are available through Stripe: credit card and SEPA direct debit.

(2.1) If payment by 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 produces a negative result.

(2.2) If payment by 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. If the direct debit is not honoured due to insufficient funds or incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer shall bear the fees charged by the respective credit institution for the reversal, provided that the customer is responsible for the circumstances giving rise to it.

(3) If a payment method offered by PayPal is selected, the customer will be redirected during the ordering process to the website of the online provider PayPal. Payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to PayPal's terms of use.

6. Warranty and Liability

(1) Product-specific warranty obligations are governed by the statutory provisions. As a general rule, nonprismatic does not provide guarantees; guarantees are provided only in individual cases expressly designated as such.

(2) The liability of nonprismatic, its legal representatives and persons employed in performing its obligations for breaches of duty and tort is limited to intent and gross negligence. In the event of a breach of essential obligations that jeopardises the purpose of the contract (cardinal obligations), nonprismatic, its legal representatives and persons employed in performing its obligations shall also be liable for slight negligence. In all cases of slight negligence, liability is limited to foreseeable damage typical of the contract.

(3) The exclusion or limitation of liability shall not apply to liability for damage resulting from injury to life, limb or health, or to the extent that the German Product Liability Act (Produkthaftungsgesetz) applies.

7. Reviews

Where nonprismatic offers the customer the opportunity to do so, the customer is entitled to submit a review in the online shop. Reviews should reflect personal opinions and experiences with nonprismatic's offerings. Reviews must not be insulting or defamatory; otherwise, nonprismatic reserves the right to delete them.

8. Data Protection

(1) nonprismatic shall comply with the applicable data protection provisions, in particular those in force in Germany, and shall require its employees involved in connection with the contract and its performance to maintain data confidentiality, unless they are already subject to a corresponding general obligation.

(2) If nonprismatic collects, processes or uses personal data, it shall ensure that it is authorised to do so under the applicable provisions, in particular those relating to data protection.

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

(4) nonprismatic is entitled to disclose the necessary data to third parties where it commissions them to carry out work relating to the customer's order.

(5) In all other respects, reference is made to nonprismatic's Privacy Policy .

9. Final Provisions

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

(2) If any provision of these General Terms and Conditions is 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 oral or written collateral agreements.

(4) The place of jurisdiction for all disputes arising from contractual relationships between the customer and nonprismatic shall be nonprismatic's place of business.