Terms of Service24. March 2022 2022-04-06 0:12
Terms of Service
Terms and Conditions
§ 1 – Scope / service content
SAHEB CONSULTING offers seminars, courses and further training measures as well as other supplementary consulting and information services. All offers, deliveries and services of SAHEB CONSULTING are carried out exclusively under the inclusion of these general terms and conditions. SAHEB CONSULTING will not accept any other general terms and conditions of contractual partners that conflict with the following contractual conditions. The consultants / trainers employed by SAHEB CONSULTING act exclusively on behalf of and in the name of SAHEB CONSULTING during their work. Additional, follow-up and new orders with consultants / trainers are to be processed exclusively through SAHEB CONSULTING.
§ 2 – Offer / order / conclusion of contract
The registration or order by the contractual partner must be made either in writing by post, by telephone at the given telephone number (to SAHEB CONSULTING UG, Kathrin Saheb, Köpenicker Landstraße 254, 12437 Berlin, Tel: +49 (0)162 6 64 85 75) or via the Internet (www.saheb-consulting.com, info@saheb-consulting .de) to take place. With the order/registration, the customer declares his binding contract offer to purchase the ordered goods or service. The contractual partner immediately receives a written or electronic confirmation of registration from SAHEB CONSULTING. This does not yet represent the acceptance of the contract. The acceptance of the contract by SAHEB CONSULTING takes place after checking the contract offer and the availability of the desired service either by written or electronic confirmation or by the execution of the order. SAHEB CONSULTING may pass on parts of an order to third parties by way of subcontracting without the consent of the client if the contractor is a company of SAHEB CONSULTING or it is ensured that he meets the qualitative requirements of SAHEB CONSULTING. Deviating from paragraph 1, the order and contract acceptance can also be made verbally, by telephone or in any other way between the contracting parties. In this case, the contractual partner will immediately receive an order and registration confirmation from SAHEB CONSULTING, which has the effect of a commercial confirmation letter between the parties if the contractual partner is commercially active.
§ 3 – Invoicing / Reminder
Invoicing takes place before the start of the respective (block) event, for combination bookings before the start of the first event of the booked combination. The invoice amount is due immediately after receipt of the invoice. Invoicing and any requests for payment by SAHEB CONSULTING are usually sent by email. SAHEB CONSULTING reserves the right to prescribe cash payment or prepayment for events as a prerequisite for participation. SAHEB CONSULTING is free to charge the contractual partner an expense allowance of EUR 5.00 for each reminder issued. This applies to the first reminder as well as to every further reminder in the same matter, regardless of whether the contractual partner is in default.
§ 4 – Fee / Prices
The specified fees and prices are net prices plus the applicable VAT. The respective course participation fees include the costs for the event, detailed working documents, proof of qualification, drinks, lunch and snacks during breaks. All examination courses also include the full examination costs and the preparation of the certificate. Overnight stay and dinner are not included.
§ 5 – Special conditions for events
Under certain conditions, SAHEB CONSULTING grants special conditions for contractual partners. The contractual partner can find the details on this at any time on the homepage or ask SAHEB CONSULTING directly. With the exception of the online booking discount, special conditions cannot be claimed cumulatively by the contractual partner. If a contractual partner is theoretically entitled to several benefits, SAHEB CONSULTING will automatically calculate the most favorable variant for him.
§ 6 – Cancellations / rebooking
Cancellations can be made free of charge and without giving reasons up to 6 weeks before the start of the event. In the event of cancellation between 6 weeks and 2 weeks before the start of the event, 30% of the participation fee or the offer price will be charged. In the case of cancellations at even shorter notice, the full participation fee or the full offer price will be charged.
The start date of the first training block counts as the start of a block course. It is not possible to cancel individual parts of a block course. A block course is a training course that is connected in terms of content and consists of several parts (= blocks) that are separated in time. The start date of the first event counts as the start of all events in a combined booking. Once the cancellation period before the start of the first event has expired, the subsequent events in the combined booking can no longer be cancelled. A combination booking is the booking of several independent training courses with the use of corresponding discounts. If an event has to be canceled for reasons for which SAHEB CONSULTING is responsible, fees already paid will be reimbursed immediately and without request. In the case of combination bookings, a partial cancellation will be reimbursed pro rata to the total price. Rebookings are possible free of charge up to six weeks before the start of the event. In the six weeks before the start of the event, rebookings are only possible as a gesture of goodwill by SAHEB CONSULTING, since this depends, among other things, on the size of the course. If SAHEB CONSULTING agrees to a contractual partner’s request to rebook, rebooking fees of EUR 50.00 per person and day of the event as well as an additional rebooking fee of EUR 50.00 per person will be charged. The flat rate and the fees serve to cover the administrative expenses of SAHEB CONSULTING and their
Cost commitments to contract hotels.
§ 7 – In-house training / consulting
In the case of an in-house training/consultation (i.e. an event at the customer’s location), a date can be postponed free of charge up to 2 weeks before the event is held, but an appointment can only be postponed once by a maximum of 3 months. A complete cancellation is not possible. If an appointment is postponed, SAHEB CONSULTING will name a maximum of 2 alternative appointments in the desired implementation period, one of which must be booked by the contractual partner. In this case, if none of the appointments can be kept by the client, the full offer price will be charged.
Section 8 – Revocation
If the contractual partner is a consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch), he has a two-week statutory right of withdrawal without giving reasons if a contract is concluded by means of a distance contract, regardless of the contractual cancellation option mentioned above. The contractual partner will be expressly informed of this again by SAHEB CONSULTING upon conclusion of the contract. The two-week cancellation period begins at the earliest with the receipt of the instruction. The timely dispatch of the revocation is sufficient to meet the deadline. If the provision of the service by SAHEB CONSULTING begins before the end of the cancellation period with the express consent of the contractual partner, the right of cancellation expires.
§ 9 – Refusal / Rejection / Exclusion
In exceptional cases, SAHEB CONSULTING reserves the right to reject registrations without explanation. In this case, no contract is concluded within the meaning of § 2 of these general terms and conditions. A participant can be excluded from participation by the seminar leader if his continued presence would significantly disturb the other participants. In this case, there is no right to a refund of the participation fee.
§ 10 – Hotel booking / gastronomy
The SAHEB CONSULTING contract hotels offer special tariffs for the duration of an event. The contractual partner shall book the room and settle the hotel bill himself, with reference to the relevant event. A sufficient contingent of rooms is usually available. However, SAHEB CONSULTING does not guarantee availability. The details can be viewed at the respective contractual hotel on the homepage of SAHEB CONSULTING. The services of the hotels used are not part of the services of SAHEB CONSULTING. This also applies to any gastronomic services and other ancillary services. The hotels provide their services independently and not as vicarious agents of SAHEB CONSULTING. The fact that payments for the participants (e.g. for meals) may be processed via SAHEB CONSULTING to simplify the organization does not change this.
§ 11 – Dispatch of documents when documents are ordered separately
After receipt of an order for documents without a course booking, the client receives an order confirmation or an invoice as a sign of acceptance of the contract. In this case, no express acceptance of the contract within the meaning of Section 2 of these general terms and conditions is required. After receipt of the invoice amount, SAHEB CONSULTING will send you the training documents. Shipping is free of charge within Germany, Austria and Switzerland.
§ 12 – Copyright / copies of training documents
The training documents are subject to copyright protection by SAHEB CONSULTING and may not be copied or reproduced without the prior written consent of SAHEB CONSULTING. This also applies to internal use. Any use beyond the limits set by copyright law is not permitted without the consent of Saheb Consulting UG and will be prosecuted under criminal and civil law.
Section 13 – Liability
SAHEB CONSULTING UG is liable for damages to entrepreneurs, except in the case of a breach of essential contractual obligations, only if and to the extent that SAHEB CONSULTING, its legal representatives, executive employees and other executive vicarious agents are guilty of intent or gross negligence. In the event of a breach of essential contractual obligations, SAHEB CONSULTING is liable for any culpable conduct by its legal representatives, executive employees or other vicarious agents. SAHEB CONSULTING is only liable to consumers for intent and gross negligence. In the event of a breach of essential contractual obligations, debtor default or the impossibility of performance for which SAHEB CONSULTING is responsible, SAHEB CONSULTING is liable for any culpable conduct by its employees and vicarious agents. Except in the case of intent or gross negligence on the part of legal representatives, executive employees or other vicarious agents of SAHEB CONSULTING, the amount of liability is limited to the damage that was typically foreseeable at the time the contract was concluded. Liability for compensation for indirect damages, in particular for lost profits, only exists in the event of intent or gross negligence on the part of legal representatives, executive employees or other vicarious agents of SAHEB CONSULTING. The aforementioned exclusions and limitations of liability towards entrepreneurs or consumers do not apply in the case of the acceptance of express guarantees by SAHEB CONSULTING and for damages resulting from injury to life, limb or health, as well as in the case of mandatory statutory regulations. SAHEB CONSULTING is not liable for the loss or theft of items brought by participants to the event. The storage or observation of objects brought by the participants is not part of the services of SAHEB CONSULTING. The respective event is prepared and carried out according to the current state of the art. SAHEB CONSULTING does not guarantee any advice given or the use of acquired knowledge.
Section 14 – Data Protection
SAHEB CONSULTING uses personal data from customers to process and take orders, to deliver goods, to provide services and to process payments. A transfer of data to third parties outside of this business relationship does not take place. In addition, with the consent of the customer, information can also be used to provide information about products, marketing measures, other services and other recommendations. The customer is free at any time to informally object to such use.
General Terms and Conditions for Digital Information Products
1.1 Saheb-Consulting.de (“video courses”) are provided by the provider Saheb Consulting UG, Kathrin Saheb, Köpenicker Landstraße 254, 12437 Berlin, Tel: +49 (0)162 6 64 85 75 (“provider”) distributed via the website www.Saheb-Consulting.de (“website”).< /span>
1.2. The following contractual provisions (GTC) apply to all video courses that have been contractually concluded with the customer (“customer”) via the website. These GTC also apply to all permanent or regularly recurring video course services.
1.3. The contract language is German.
1.4. We only provide our services to customers in Germany, Austria and Switzerland.
2. Subject of the contract/services provided by the provider
2.1. For the duration of the contract, the provider provides the user with services for a fee, in particular in the form of information on the topics of lean administration, process optimization and similar.
2.2. An Internet connection is required to access the services; the user must bear the costs for this. Access to our online services is possible from Germany, Austria and Switzerland. Access from countries other than those mentioned above is not excluded, but cannot be guaranteed by the provider.
2.3. The customer acquires the opportunity to make use of various digital offers on the website. In relation to the user, all rights, in particular the copyright rights of use and exploitation of the video courses, belong exclusively to the provider.
2.4. The videos may not be passed on to third parties. Saving or archiving the videos provided online is prohibited. The user is entitled to use the templates made available for download for commercial purposes and to load them into the main memory of his computer. The music may not be passed on to third parties. The video courses are for personal use only and not for resale.
2.5 The description of the course / service on the website of the video course is decisive for the service owed.
3. Conclusion of contract
3.1. To order the video course, the customer must click on the “Order for a fee” or “Buy” button. This initiates the registration process and the contract is concluded. Within the registration process, login data must be entered and the payment method selected. The customer can then make the payment.
3.3. The presentation of the services in the provider’s online portal represents a non-binding invitation to the customer to register. The customer is obliged to provide truthful information when registering. The acceptance of an online registration is at the discretion of the provider. If a registration is not accepted by the provider, the provider will inform the customer immediately.
3.4. The provider is permitted – within the framework of what is legally permissible and taking into account the mutual interests worthy of protection – to carry out a credit check. The provider reserves the right to exclude certain payment methods for first and subsequent orders – depending on the credit check.
3.5. The contract is concluded with the provider.
4. User Obligations and Defaults
4.1 The user may only use the provider’s service appropriately. In particular, he undertakes not to use the access options to the service in a way that violates the law and does not contradict the General Terms and Conditions; to respect the law and the rights of third parties; to protect the data, take into account the recognized principles of data security; to comply with the obligations of the data protection agreement; if necessary, to check outgoing e-mails and queries for computer viruses with the greatest possible care and to comply with legal, official and technical regulations.
4.2 The provider reserves the right to investigate suspected misuse or major breaches of contract, to take appropriate precautions and, if there is reasonable suspicion, to block the user’s access to the video courses – at least until the suspicion has been eliminated by the user – and/or or, if necessary, to terminate the contractual relationship without notice in the case of particularly serious violations. If the user eliminates the suspicion, the blocking will be lifted.
4.3 The user must compensate the provider for the damage resulting from the breaches of duty described in sections 5.1 and 5.2. The liability of the user is limited to those cases for which he is responsible.
5.1. The prices valid on the day of registration apply, as shown in the online portal of the provider.
5.2. All prices are given in euros and do not include the statutory value-added tax.
6. Terms of Payment
6.1. The provider only accepts the payment methods offered during the ordering process on the online portal. The customer selects the payment method he prefers from the available payment methods.
6.2. When registering, the customer can choose between the payment options.
6.2.1. Insofar as a service is provided against payment by credit card, the customer authorizes, by providing their credit card details, to charge the full invoice amount, including delivery and shipping costs, to the relevant credit card company when due. In this case, the debit will be initiated with the order confirmation.
6.2.2. If the service is paid in advance (bank transfer), the customer cannot choose to pay in installments. This regulation includes the use of account-based payment methods via service providers (SofortÜberweisung, GiroPay, purchase on account).
6.2.3. If the service is provided against payment by SEPA direct debit, the customer must pay the costs of a returned direct debit in the amount of 6.50 euros plus bank fees per returned direct debit to the provider. The customer reserves the right to prove that no or only minor damage was caused by the returned direct debit. The operator reserves the right to collect outstanding claims through a valid mandate.
6.3. If payment is made via PayPal, the customer must have a PayPal account and identify themselves with their access data. The customer must then go through the PayPal payment process and confirm the payment to the provider.
7. Cancellation policy
7.1. right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of withdrawal, you must inform us
Saheb Consulting UG
Koepenicker Landstrasse 254
Phone: +49 (0)162 6 64 85 75
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
7.2. CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
7.3. Premature expiry of the right of withdrawal
According to Section 356 (5) BGB, your right of withdrawal expires prematurely for a contract for the delivery of digital content that is not on a physical data carrier if the entrepreneur has started to execute the contract after you have expressly agreed that the entrepreneur will start executing of the contract begins before the end of the cancellation period and you have confirmed that you are aware that you will lose your right of cancellation by agreeing to the start of the contract.
8. End of the cancellation policy
Other Terms of Service
8.1. Unless otherwise agreed with the customer, services begin from the point in time at which the provider has received the payment (credit to the provider’s business account), but no later than five working days after receipt of payment, unless in connection with the service, a shorter or longer service period is expressly pointed out.
8.2. In the event of delays in performance, the provider will inform the customer immediately.
8.3. There is no entitlement to personal contact with the video course artist.
9.1. The customer’s claims for damages or reimbursement of futile expenses against the provider are based on these provisions, regardless of the legal nature of the claim.
9.2. The liability of the provider is excluded – for whatever legal reason – unless the cause of the damage is based on intent and/or gross negligence on the part of the provider, his employees, his representatives or his vicarious agents. Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of the provider.
9.3. The provider is liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health that is based on an intentional, grossly negligent or negligent breach of duty by the provider or a legal representative or vicarious agent of the provider.
9.4. If the provider at least negligently violates an essential contractual obligation, i.e. an obligation whose compliance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), the liability for the typically occurring damage, i.e. for such damage, is limited to its occurrence typically has to be calculated within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on whose observance the customer regularly relies and may rely.
9.5. The liability of the provider is limited to the services provided by him. Rights and obligations arising from content lie with their authors.
10. Data Storage and Privacy
10.1. The customer is aware and agrees that the personal data required to process the order will be stored on data carriers by the provider. The customer expressly agrees to the collection, processing and use of his personal data for the purpose of contract processing. The stored personal data will of course be treated confidentially by the provider. The collection, processing and use of the customer’s personal data takes place in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
10.2. The customer has the right to revoke his consent at any time with effect for the future. In this case, the provider is obliged to immediately delete or block the customer’s personal data in accordance with the applicable data protection regulations, provided that they do not contradict the corporate storage obligations of legal transactions and are important for order processing.
11. Contract duration
11.1. The contract terms of the individual packages/video courses result from the respective description of the package on the provider’s website. The contract ends at the end of the contract period. An automatic extension of the contractual relationship does not take place. At the end of the contractual relationship, the customer’s access to the booked package will be blocked. At the end of the contract, the customer’s right to use the services offered by the provider lapses.
11.2. The right to termination without notice for important reasons remains unaffected. Such a reason exists in particular if the customer is in arrears in whole or in part with the payments due or a not inconsiderable part of the fees for services already rendered, despite a reminder; if the customer, even after a written warning, has violated another essential provision of the contract or these General Terms and Conditions, if insolvency proceedings are opened against the customer’s assets or the opening of such proceedings is rejected for lack of assets, if concerns about the customer’s solvency have arisen and no advance payment has been made within a reasonable time upon request, nor has adequate security been provided; if the customer has provided incorrect information during registration; if the registration requirements are no longer met or if the execution of an order is significantly delayed or becomes impossible for reasons for which the customer is responsible. In this case, the provider is entitled to demand the usage fees due for the remaining contract period less any saved expenses as compensation and to block access until all claims have been settled. The assertion of further damages remains unaffected.
12. Final Provisions
12.1. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
12.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.