AGB

General terms and conditions of the company wegamed gmbh

§ 1. General

[1] The general terms and conditions are part of all offers and contracts for the delivery of goods by the seller.

[2] Purchasing conditions of the customer that are not expressly recognized are not binding for the seller, even if they are not expressly contradicted.

§ 2 Offers, Delivery Periods

[1] General offers are non-binding, subject to prior sale. The seller’s prices are net without VAT.

[2] Offers become legally binding through written commitments.

[3] Delivery times apply subject to correct timely delivery to us.

[4] Samples and specimens are approximate examples of quality, dimensions and color, the properties of which are not guaranteed.

§ 3 delivery, delay and possibility

[1] Deliveries are made from the seller’s warehouse at the risk of the buyer.

[2] In the event of a delay in delivery, the buyer must set a grace period of 30 days, after which he is entitled to withdraw from the contract.

[3] Part deliveries are permitted.

[4] In the event of a delay in delivery due to force majeure or other events for which the seller is not responsible, the seller can reduce the delivery by the duration of appropriate prevention be postponed.

[5] There is no obligation to take back goods delivered free of defects.

§ 4 payment

[1] The seller’s invoices are payable on receipt without deduction regardless of the delivery status of the goods. In the event of non-payment within the payment period, the buyer is in default without a reminder.

[2] According to § 14 of the German Civil Code (BGB) there is no right of objection for business start-ups, freelancers and self-employed persons.

[3] The buyer waives the assertion of a right of retention from previous or other transactions in the current business relationship. The offsetting of counterclaims is only permissible insofar as these are undisputed or have been legally established.

[4] In the event of payment difficulties for which the buyer is responsible, especially in the event of default in payment, the seller is entitled to make further deliveries only against prepayment to execute.

[5] When granting installment payments, the respective remaining amount is due immediately if the buyer is culpably in arrears with an installment or in some cases for more than a week.

§ 5 Notification of Defects, Warranty and Liability

[1] The obligations of §§ 377 and 378 HGB apply with the proviso that the buyer, who is a businessman in the sense of the HGB, all recognizable defects and the buyer who is not a businessman, all obvious defects, shortages or incorrect deliveries within six Working days after delivery. Transport damage or shortages must be reported in writing immediately after delivery of the goods.

[2] In the event of a justified notification of defects of defective goods in due time, the seller has to choose to either remedy the defect or to deliver a defect-free item. If the supplementary performance fails or if it is not provided within a reasonable period of time or if it is refused or if it is unreasonable for the seller due to disproportionately high costs, the buyer can demand the cancellation of the contract or reduction of the remuneration (reduction).

[3] The seller is liable for damage to life, limb, health or essential contractual obligations that he, his legal representative or vicarious agent have caused culpably. The seller is also liable for damage that he, his legal representative or vicarious agent have caused intentionally or through gross negligence. The seller is not liable for damages that he, his legal representative or vicarious agent have caused through simple negligence. This applies regardless of the legal nature of the asserted claim, in particular in the event of default, other breach of duty or tort. [4] In the case of the delivery of new items, the buyer’s claims for material defects become statute-barred one year after delivery of the purchased item. Claims for defects for the delivery of used items are excluded.

§ 6 Reservation of Title

[1] The delivered goods remain the property of the seller until the purchase price and all claims from the entire business relationship have been paid in full. If the buyer is in default of payment, he is obliged to surrender the reserved goods after a reminder.

[2] If the reserved goods are sold by the buyer, the buyer already now assigns the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights to the accepting seller. The value of the goods subject to retention of title is the seller’s invoice amount plus a security surcharge of 10%, which, however, remains out of the equation if it conflicts with the rights of third parties.

§ 7 place of jurisdiction

Are the prerequisites for an agreement on the place of jurisdiction in accordance with Section 38 of the Code of Civil Procedure, d. H. If the buyer is a merchant, the place of jurisdiction for all claims of the contracting parties, also for actions on bills of exchange and checks, is the court responsible for the registered office of the seller.

§ 8 data protection clause

The buyer is hereby informed that personal data will be stored for the purposes of the business relationships entered into and – as far as legally permissible – used or transmitted.

§ 9 final clause

Should one of the above regulations – for whatever legal reason – be ineffective, this shall not affect the effectiveness and binding nature of the remaining provisions.

In addition to the above general terms and conditions, the following conditions also apply to the training and seminar activities of the wegamed Academy:

Registration: Registration for the courses can only be made in writing by post, e-mail (info@wegamed.de), via the Internet (www.wegamed.de) or by fax: 0201-185568-30. The registration is binding and generally requires payment of the course fee. Registrations will be considered in the order in which payment is received. The last written registration date is 14 days before the start of the seminar, after which we kindly ask you to contact us by phone to see whether there are still free places available. If the desired course is booked, we will add you to the waiting list.

Cancellation: Every cancellation must be made in writing. You can cancel the courses in writing up to 4 weeks before the start of the course – free of charge. (The time of receipt of the resignation declaration in our office is decisive). If you cancel after this point in time, 85% of the seminar fees will be charged. In the event of no-show without cancellation, the participation fee must be paid in full. Of course, you can name a substitute participant on the day the course starts.

General: The wegamed Academy has the right to specify dates and to cancel events if the number of participants is insufficient. It is then obliged to reimburse the fees already paid in full. Any further claim is excluded. A change of speakers does not entitle to withdraw from the contract. Discounts: For some courses, students or those who repeat courses receive a discount on presentation of a valid student ID or a wegamed seminar certificate (from 2008).

Liability: The wegamed company is not liable for accidents and damage, loss or theft of objects and vehicles brought along. Participants are responsible for their own insurance coverage.