General Terms and Conditions
1 General
1.1 These General Terms and Conditions (GTC) contain the exclusive terms and conditions applicable between us, bmc Baum Management Consulting & Education, Haberackerstraße 2 67435 Neustadt an der Weinstraße, Germany (hereinafter referred to as "Seller" or "we") and a consumer or entrepreneur (hereinafter referred to as "Customer") for the purchase of the goods and services offered, unless these are amended by written agreements between the parties. For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.2 The customer shall be notified of changes to these terms and conditions in writing, by fax or by e-mail. If the customer does not object to this amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by the customer.
2 Conclusion of contract
2.1 The presentation of the goods and services offered does not constitute a binding offer by the seller. Only the ordering of goods or services by the customer constitutes a binding offer in accordance with § 145 BGB. The seller can accept this offer within five days. In the event of acceptance of the purchase offer by the seller, the seller shall send the customer an order confirmation by e-mail.
2.2 After the offer has been submitted, the text of the contract is sent to the customer by e-mail. If the customer has created a customer account, the contract text is saved in his customer account.
2.3 During the ordering process, the customer has the opportunity to correct the entries made. Before completing the order process, the customer receives a summary of all order details and is given the opportunity to check his details.
3 Terms of payment
3.1 The purchase price is due immediately upon ordering. Payment for the goods shall be made using the payment methods provided.
3.2 The prices stated at the time of the order shall apply. The prices stated in the price information include the statutory value added tax.
4 Shipping conditions
4.1 The ordered goods shall be shipped in accordance with the agreements made. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.
4.2 Digital goods shall be made available to the customer in electronic form either as a download or by e-mail.
In the event of force majeure or official cancellation of the event, liability on the part of the organizer is excluded. Liability for cancellation or rebooking fees for means of transportation or accommodation booked by the customer is excluded.
7 Warranty
7.1 For the purchase of digital products, the statutory warranty rights of §§ 327i ff. BGB APPLY TO THE PURCHASE OF DIGITAL PRODUCTS.
7.2 If the digital product is defective, the customer may, if the statutory requirements are met, demand subsequent performance in accordance with Section 327 (1) BGB, terminate the contract in accordance with Section 327m (1), (2), (4) and (5) BGB or reduce the price in accordance with Section 327n BGB and demand compensation for damages in accordance with Section 280 (1) or Section 327m (3) BGB or compensation for futile expenses in accordance with Section 284 BGB.7 .3 To ensure that the digital product remains in accordance with the contract, the provider undertakes to provide updates to the product within the provision period if these prove necessary.
8 Limitation of liability
8.1 The Seller shall be liable for intent and gross negligence. Furthermore, the Seller shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which a customer regularly relies. In the latter case, however, the seller shall only be liable for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
8.2 The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
8.3 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.
8.4 The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We do not participate in dispute resolution proceedings before a consumer arbitration board.
9 Final provisions
9.1 Amendments or additions to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.
9.2 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. Mandatory provisions of the country in which a consumer has his habitual residence shall remain unaffected.
9.3 If a consumer had his domicile or habitual residence in Germany when the contract was concluded and has either relocated at the time the action is brought or his place of residence is unknown at this time, the place of jurisdiction for all disputes shall be the seller's place of business. If a consumer does not have his domicile or habitual residence in a member state of the European Union, the courts at the seller's place of business shall have exclusive jurisdiction for all disputes. If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller.