Quality Training for Quality Research.

German Version English Version

Our General Terms and Conditions apply when using the services of the DIGITAL RESEARCH ACADEMY. In particular, they contain your rights and obligations as our client as well as the most important data protection regulations.

Preamble DIGITAL RESEARCH ACADEMY

DIGITAL RESEARCH ACADEMY: Quality Training for Quality Research.

Digital skills in research are more in demand than ever. We want to make these skills accessible to researchers. For this purpose, we have founded a trainer network and offer further training, workshops and events in the areas of open science, data literacy and research software engineering.

§ 1 Scope

(1) These General Terms and Conditions (hereinafter: “GTC”) apply to everyone

Contracts for the provision of services, in particular seminars, events, training courses, workshops, training courses and courses as well as all other related services

between

Digital Research Academy GmbH
Bayerstraße 77c
80335 Munich, Germany
,

(more information in the imprint: https://digital-research.academy/impressum/ )

(hereinafter referred to as “User”, “we”, or “us”)

and you

(hereinafter referred to as “Partner”, “Your” or “You”).

(2) The General Terms and Conditions apply regardless of whether you are a private user or company/business enterprise.

(3) You are a “private user” if you are a natural person who concludes a contract with us for purposes that cannot predominantly be attributed to your commercial, self-employed, freelance, public or non-profit professional activity.

(4) You are a “company/business enterprise” if you are a natural person or are concluding a contract for a legal entity or a partnership with legal capacity which, when concluding the contract with us, is acting in the exercise of its commercial, freelance, self-employed, public law or non-profit professional activity.

(5) These terms and conditions apply on all our platforms. “Platforms” are all sales and operations channels and services we use. In particular, it is all of our premises; any of our physical or electronic records such as emails, order documents or information materials; all of our sales areas such as stands as well as our websites or apps and our profiles on websites or Apps from our partners.

(6) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive. Differing terms and conditions will not be accepted. This also applies if we have not expressly objected to the inclusion. Other provisions may apply insofar as these General Terms and Conditions provide otherwise in individual cases. To the extent that there are legal texts or documents translated into a language other than German, the German legal texts or documents are legally binding and therefore applicable - the translated legal texts or documents serve solely for better understanding.

(7) All agreements made between you and us in connection with a service arise in particular from an order or commission as well as the associated appendices, our confirmation, our acceptance and, insofar as not regulated there, from these General Terms and Conditions. These General Terms and Conditions also apply to subsequent orders or assignments that you place during or after the end of the contract term, unless other General Terms and Conditions have been included at this point.

(8) With the exception of written changes and additions to these Terms and Conditions Documents or documents created electronically or digitally are treated the same as written documents or documents.

(9) These General Terms and Conditions also apply to other contracts concluded between you and us, unless there are specific General Terms and Conditions relating to the other type of contract and clauses of these General Terms and Conditions can apply in terms of content.

§ 2 Scope of services

(1) We provide seminars, events, training courses, workshops, training courses and courses as well as all other services such as sales or the provision of teaching materials. 

(2) If we provide digital services, you will receive access to software, online databases, functions, operating systems, documentation and all other components of our software (“services”) in order to use the relevant part of our services. You can use the Services via our platforms - in particular via websites.

(3) The scope of our service shall be determined on a case-by-case basis:

  • Your order or commission, regardless of which of our platforms you use to place it, in particular in the case of an online order (e.g. the service description as part of the commissioning or ordering process, on the website or the app) or in text form (e.g. the order or commission documents including attachments, regardless of whether in paper form or electronically by e-mail) as well as in the case of a written or verbal order, commission or accepting response to an offer to conclude a contract made by us on our premises, at one of our sales areas or on a communication channel used by us.

Subsequent requests for changes that deviate from the order or order require a separate agreement and commission or order and must be paid for separately. For activities outside the scope of services or an agreed time quota, an hourly remuneration of €170 is agreed.

§ 3 Remuneration and implementation

(1) We receive compensation for our services according to:

  • Your order or commission according to the paragraph on the scope of services

Unused daily rate, hourly rate or retainer quotas cannot be transferred to other projects. They expire after 1 year from creation. 

(2) We undertake to provide the contractually agreed services carefully and conscientiously. What is owed is not the achievement of performance success.

(3) We are entitled to engage third parties, in particular as subcontractors, to provide the service.

(4) If a service is provided free of charge in accordance with the contract, no liability is assumed for the accuracy and completeness of the results achieved - with the exception of resulting damage to life, body or health and in accordance with the Product Liability Act. It is your responsibility to check the content.

§ 4 Conclusion of contract

(1) When we present our services on our platforms, we do not make a binding offer to conclude a contract. The presentation is merely a non-binding presentation. Our offers and cost estimates are subject to change.

(2) You can place a legally binding order or commission in any way that our platforms offer or that we suggest to you in individual cases. In particular, you can submit them as follows:

  • By clicking an order or commission button/button on our platforms, in particular on our websites and apps as well as our profiles on third-party websites and apps.
  • By sending us completed order or contract documents via any common communication channel such as email, post or our social media profiles or by responding to an offer to conclude a contract that we have sent to you via such a communication channel.
  • By handing us completed order or contract documents - for example in our or your premises or sales areas, at trade fairs, information or advertising events or at any other opportunity.
  • By placing your order or commission in writing or verbally on our platforms, in particular in the premises we use, sales areas or via the communication channels we use, or by responding to an offer we have made to conclude a contract.

You are responsible for the commission or order bound for a period of 2 weeks after submission.

(3) By placing an order or placing an order, you also agree to these general terms and conditions and data processing in accordance with our data protection declaration.

(4) We can confirm the receipt of the submitted order or commission
- by email to the email address you provided or used or by message within our platforms, in particular within our websites and apps as well as our profiles on third-party websites and apps
- with confirmation letter by letter or by handover
- verbally or by providing a receipt or any written confirmation
The confirmation does not constitute a binding acceptance of the order or commission, unless it also declares acceptance in addition to confirming receipt. We generally confirm the order or commission ourselves.

(5) A contract between you and us is only concluded when we

  • expressly accept the order or your order.
  • start providing the service.
  • issue an invoice.
  • provide the service – in whole or in part.

Acceptance can occur at the same time as confirmation.

(6) If there are several contractual partners - especially if the order or commission was made jointly by several people - or if the contractual partner is a partnership, the contractual partners or the partners of the partnership are liable for our claim as joint and several debtors. When executing the contract, we are entitled to rely on the instructions and information of an individual contractual partner or partner of a partnership, in particular without discussing this with the other contractual partners or partners of a partnership, unless someone else objects in writing. An objection entitles us to terminate the contract on the basis and with the consequences of a lack of cooperation.

(7) If, after the order confirmation, declaration of acceptance or invoice has been carried out, we become aware of a significant deterioration in your financial circumstances or unfavorable information about economic behavior and/or method of payment and/or other circumstances that suggest that our claim to payment could be at risk due to a lack of ability to pay, we are entitled to refuse performance until payment has been made in full or you provide sufficient security. If payment is not made on time or security is not provided, we have the right to withdraw immediately. Our other claims and rights remain unaffected.

§ 5 Registration, account

(1) If one of our services requires you to set up an account on our platforms, you will receive one by registering.

(2) Providing the data requested when registering is mandatory. They guarantee their completeness and accuracy. You can register by entering your data on our platforms.

(3) The following requirements exist for registration:

  • Consumers are natural persons over 18 years of age with unlimited legal capacity
  • Companies/Enterprises as natural persons meet the requirements of a consumer
  • Companies/Enterprises as partnerships or corporations as well as any other corporations, associations or communities have legal capacity and have an authorized representative. Specifying a PO box is not enough.

(4) There is no right to registration. We are entitled to refuse registration. When you complete your registration, a contractual relationship is created between you and us.

(5) When you register, you will receive an account that contains all the data necessary for use. You may only use it yourself; in particular, you may not allow third parties to use the account or transfer the account to third parties (account sharing). The password can be changed at any time. Multiple accounts belonging to one person are not permitted. The account exists until the termination takes effect.

(6) You are responsible for the content and quality of all information. You represent that they are accurate and complete.

(7) You must not endanger the secure operation of our platforms. Anything that could harass other users of the platforms or that goes beyond the intended use of our platforms must be avoided. In particular, you are obliged to refrain from the following:

  • Upload or send files that contain a virus or other malware or carry out other interventions that could impair the functionality or accessibility of the platforms or change or delete content,
  • Upload or send any form of unpermitted advertising, including but not limited to email advertising, SMS advertising, chain letters or other harassing content,
  • To subject the platforms to an excessive load or in any other way to disrupt or jeopardize their functioning,
  • Use crawlers, spiders, scrapers or other automated mechanisms to access the Platforms and collect Content without written consent or license.
  • Collect or use information such as email addresses or phone numbers of other users without prior consent,
  • To reproduce, make publicly available, distribute, edit or use the content of the platforms or third parties in a way that goes beyond the intended use without the prior consent of us or the third parties.

(8) We are entitled to take any action with regard to your account without giving reasons. In particular, we are entitled to ask you to make a statement, temporarily block the account, issue a warning or permanently block or delete the account. In addition, we expressly reserve the right to assert civil and criminal claims. The sanctions do not affect the payment obligation for service relationships that have already been established, especially if the service has already been (partially) provided.

(9) If services on our platforms can also be used without an account, by using our platforms you are making an offer to conclude a contract for the duration of using a platform in accordance with these General Terms and Conditions, which we accept by providing the service.

§ 6 Prices, payment, default, payment conditions, offsetting, right of retention, official fees

(1) The prices quoted by us are – unless otherwise presented or agreed in individual cases – net prices without sales tax.

(2) Unless otherwise agreed, any travel costs incurred will be billed based on actual expenditure.

(3) Unless otherwise agreed between you and us, our remuneration is due after conclusion of the contract and before the respective service is provided and, in the case of a work, after receipt of the work or acceptance or alternative completion of the work. It must be paid at the latest within 3 weeks of sending our invoice (invoice date). If payment is not made, payment default occurs. In the event of late payment, we are entitled to claim default interest and further damages in accordance with the statutory provisions. The default interest for consumers for the year is 5 percentage points above the base interest rate in accordance with Section 288 of the German Civil Code (BGB); For companies/enterprises and universities, the default interest for the year is 9 percentage points above the base interest rate in accordance with Section 288 of the German Civil Code (BGB).

(4) We enable you to use various payment services and options. You can use any payment method provided by us to pay, in particular

  • transfer to an account specified by us, or
  • us via a payment service provider specified by us (for example Stripe),

in each case, provided we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.

(5) You use the payment service of a payment service provider by clicking on the payment service provider’s button during the ordering process for services. You will be taken to the relevant page of the respective payment service provider. You use the payment service of a third platform such as Apple App Store, Google Play or Amazon Appstore by downloading our app via it. With regard to payment, we only provide access to the website of the respective payment service provider or platform, but do not become a party to the contract. In order to use the payment services of a payment service provider or the platform, it is usually necessary to enter into a contractual relationship with the relevant payment service provider. The respective contractual conditions, general terms and conditions and data protection regulations apply.

(6) In the case of a direct debit authorization, a SEPA direct debit mandate or payment by EC/Maestro or credit card, we will debit your account at the earliest on the due date. A direct debit authorization granted also applies to further orders until revoked.

(7) You are not entitled to set off against our claims unless your counterclaims have been legally established or are undisputed, as well as if you assert notices of defects or counterclaims from the same contractual relationship.

(8) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and is legally established or undisputed.

(9) In the event that one of our claims from one or more contracts is not paid on time, we are entitled to commission a debt collection agency with the further collection of the claim due. By concluding the contract, you consent to us transferring the data and information required to collect the debt to the debt collection agency (e.g. Creditreform) and to the debt collection agency being authorized to store and process the data. In particular, the name and address, contract date, invoice number, invoice amount and due date will be transmitted.

(10) Fees (any offices, authorities, etc.), fees or other payment claims for other payment matters resulting from the provision of the service are not included in the price and will be paid by you separately and to the respective bodies or persons. This also applies if we provide these expenses in advance; In this case they must be reimbursed to us.

(11) An hourly fee is billed every 15 minutes (0.25 hours). A quarter of the hourly rate will be charged for every 15 minutes. In the case of flat-rate hourly packages or time quotas for the overall service or certain service sections, unused hours will be forfeited after completion of the overall service or service section. In particular, there is no entitlement to have the hours included in another overall service or to have them paid out once payment has been made.

§ 7 Term and termination

(1) The term of the contract begins - unless otherwise agreed electronically or in writing - when the user sends the order or order confirmation to the partner.

(2) The concluded contract runs - unless otherwise agreed electronically or in writing - for an indefinite period of time or, in the case of a work, until the contractual obligation to perform has been fulfilled.

(3) In the case of a minimum contract term, the contract is extended after the minimum contract term for an indefinite period of time unless it is terminated in advance by one of the parties with one month’s notice to the end of the respective term. After the extension for an indefinite period, the contract can be terminated with one month’s notice to the end of the month.

(4) If we terminate for good cause, you are obliged to reimburse us for the costs and remuneration that have demonstrably been incurred up to the time of termination. The services we have provided up to that point must be billed pro rata, as far as this is possible; otherwise, full billing will occur.

(5) Termination can be made by letter or email.

(6) If services owed by us have not yet been provided at the time of receipt of the notice of termination, we are released from our obligation to provide services unless the parties agree in writing on the scope of the services still to be provided.

(7) You can withdraw from a contract regarding a seminar, training course or lecture up until the day the service is provided. In the event of withdrawal, you are obliged to pay the following compensation:

  • Withdrawal from the conclusion of the contract: 15% of the remuneration
  • Cancellation up to 2 months before service provision: 80% of the remuneration
  • Cancellation up to 2 weeks before the start of the contract: 100% of the remuneration

Any costs incurred by us for contractually agreed services from third parties - in particular subcontractors - must be borne by you in full despite withdrawal.

(8) An agreed date for a seminar, training or lecture can be postponed up to 2 weeks before the start of the appointment day; an agreed appointment can be rescheduled within a period of 2 weeks to 48 hours before the start of the appointment day against payment of 50% of the fee; An agreed appointment can be rescheduled within 48 hours before the start of the appointment day against payment of 90% of the fee. Costs that have already been incurred (e.g. travel costs) must be covered if the event is postponed. A maximum of one appointment can be postponed within a calendar year; In the event of further postponements, you are obliged to pay the full fee despite the request to postpone and regardless of a reason such as force majeure. The provisions of termination apply to the form of postponement.

§ 8 Granting of rights to the results of activities

Unless otherwise discussed, teaching materials created by us are generally made open and reusable and published under the CC-BY 4.0 license. In addition, the following points apply:

(1) We acknowledge that all rights to all activity results, data or documents used in the activity (files, drafts, etc.) or other protectable goods as well as all intellectual property rights that exist in the activity results, data, documents or protectable goods, arise from their use and/or are embodied in them, only transfer to you to the extent that the transfer of rights to the contractually agreed, private (i.e. not within the context of a commercial, freelance, self-employed, public law or non-profit use) and non-public (i.e. not through publication) use is restricted. You hereby accept this transfer.
(2) If the transfer of rights provided for in the preceding paragraph cannot be effectively carried out, we hereby grant you a right of use to the results of the activity or property rights subject to the restrictions of the preceding paragraph. This also includes new types of use that only become known in the future. Insofar as this is legally possible, we unconditionally and irrevocably waive all moral rights that exist in the results of activities that have already arisen or will arise in the future, including the right to be named and the prohibition of distortion.
(3) You cannot transfer the granted rights to third parties.
(4) The above transfer of rights or granting of rights of use only takes place after our remuneration has been paid in full.
(5) We can use the activity results as part of our business operations and use them freely after removing the customer-specific details.
(6) Our documents or files, such as presentations, preparatory work, concepts, white papers or copies, which you received as part of the execution of the contract, may only be passed on to third parties, published, presented or used outside of private or internal company areas with our written consent. No liability is assumed for its completeness or correctness.
(7) If the transfer of rights concerns a copyrightable work such as images, sound or text and the results are used for private publications - especially on social media - you will name us by name and generally with your full name in the usual or industry-standard framework (right to attribution).

§ 9 Revocation

(1) If you are a company/business enterprise within the meaning of Section 14 of the German Civil Code (BGB), you do not have the right of cancellation. The following applies to private user clients:

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us (Heidi Seibold/Joyce Kao, Bayerstr. 77C, 80335 Munich, telephone: +49 (0)177 4068203, email: hello@digiresacademy.org) of your decision to withdraw from this contract by means of a clear statement (e.g. letter or email). You can use the sample cancellation form below, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you revoke this contract, we must repay to you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount which corresponds to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

— To Heidi Seibold/Joyce Kao, Bayerstr. 77C, 80335 Munich, Telephone: +49 (0)177 4068203, Email: hello@digiresacademy.org:

— I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

— Ordered on (*) / received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for paper notification)

— Datum _______________ (*)

- END OF THIS SAMPLE CANCELLATION FORM -

(2) The right of withdrawal does not exist, expires or can be excluded if there is a legally regulated case, a corresponding court decision or another legal reason. Cases regulated by law arise in particular from Sections 312 g or 356 BGB.

  • in contracts, for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, supply of food and drink and for the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision.

(3) In the case of a contract for the supply of digital content not on a tangible medium, the right of withdrawal also expires if the supplier has started to perform the contract after the client has

1. has expressly agreed that the supplier will begin executing the contract before the cancellation period expires, and

2. has confirmed their knowledge that through their consent they will lose their right of withdrawal from the start of the execution of the contract.

(4) The right of withdrawal expires, particularly in the case of a contract for the provision of services, even if the supplier has provided the service in full and has only begun to carry out the service after the client has given their express consent and at the same time confirmed their knowledge that they will lose their right of withdrawal if the supplier has fully fulfilled the contract. For a contract concluded off-premises, the client’s consent must be transmitted on a tamper-proof medium. In the case of a contract for the provision of financial services, the right of withdrawal expires, contrary to sentence 1, if the contract has been completely fulfilled by both parties at the client’s express request before the client exercises their right of withdrawal.

§ 10 Obligation to cooperate

(1) You will support us in providing our contractual services through appropriate cooperation. For example, you will immediately inform us of the necessary information, data, circumstances and circumstances; provide documents, materials, items or access to fulfill the service; give us instructions and approvals immediately and name a competent contact person who will not be replaced. You must be authorized to carry out your actions - in particular to transfer or grant access - and in particular must not violate the rights of third parties or official regulations. You are obliged to attend agreed appointments and, for online sessions, to ensure that the technical requirements for using our services are functional, in particular the internet connection, functional IT such as camera, audio or your PC/notebook. Activity results will be checked by you and approved within one week. You must check them in particular for legal admissibility, in particular competition, data protection, trademark and trademark law, as well as any violations of third-party rights or official regulations. We are not obliged to carry out a corresponding check. This release period becomes shorter if an activity result has to be delivered sooner due to a shorter performance period. If they are released later or are not released, they will be deemed to have been approved by you.

(2) If you are not entitled to communicate, provide or transfer information in accordance with paragraph 1, for example because there are violations of competition law, data protection law, trademark law or any violation of third-party rights or official regulations, this also constitutes a lack of cooperation. You certify your authorization to take the relevant actions. We will not carry out a corresponding check. You will indemnify us upon first request from any claims by third parties who take action against us due to your lack of authorization and reimburse us for any damage that arises as a result of the claim by the third party, including any court and legal costs incurred for legal defense. Otherwise, the statutory provisions apply.

(3) Lack of, incomplete, damaging or infringing cooperation - for example by communicating or providing incomplete, incorrect information, data, materials or documents that are not suitable for lawful use - entitles us to terminate the contract, in the case of a contract with an entrepreneur even without affecting the agreed remuneration.

(4) If we suffer damage due to incorrect cooperation, we have a claim for damages. In this case, you also release us from all third-party claims asserted by third parties in connection with your incorrect cooperation, at least through gross negligence.

§ 11 Performance deadline, force majeure, obstacles to performance, minimum number of participants

(1) Unless agreed in individual cases, we are not bound to deadlines and dates when carrying out the service. Performance dates must be in writing.

(2) Insofar as we are prevented from providing the service due to the occurrence of unforeseeable, extraordinary events for which we are not responsible and which we were unable to avert despite the reasonable care given the circumstances of the individual case - regardless of whether it is ours or yours - (e.g. operational disruptions, delays in the delivery of essential raw and auxiliary materials or the fulfillment of the contract by subcontractors, official interventions, labor disputes, lockouts, operational disruptions of any kind in our company as well as in third-party companies, defects in goods or similar things that are outside our sphere of influence and which we are not responsible for), the service period valid for us is extended to an extent that makes the appropriate fulfillment of the service obligation possible. If performance becomes impossible, we will be released from the obligation to perform without you being entitled to withdrawal or compensation. If you encounter such obstacles, the same legal consequences also apply to your acceptance obligation. The contractual partners will immediately inform each other of any obstacles.

(3) Obstacles to performance that are not attributable to the risk area of ​​a contracting party release the contracting parties from their performance obligations for the duration of the disruption and the extent of its effect.

(4) If the minimum number of participants specified at the time of conclusion of the contract is not met, we are entitled to withdraw from the contract without you being entitled to subsequent performance or compensation.

§ 12 Lien

(1) Because of our claims, we acquire a lien on your items that came into our possession as part of the execution of the contract. It secures all claims that we have against you in connection with the legal relationship as a result of which we received ownership of the item.
(2) At your request, we will release the items subject to the lien at our discretion if the realizable value of the securities to which we are entitled exceeds the total claim to be secured by more than 20%.

§ 13 Communication

(1) To ensure quick and easy communication between each other, communication generally takes place via email. You consent to information being sent to you by email, if available in your account on our platforms, by post or by other means.

(2) Shipping and communication are at your risk. We are not responsible and are not liable for disruptions in the Internet network, for server and software problems of third parties or problems of a postal or delivery service provider.

§ 14 Advertising by third parties

(1) We reserve the right to show you third-party advertising on our platforms. We have no influence on advertising, particularly its content, reliability or accuracy. Advertising is displayed without our review, and in particular we do not approve the content - the advertiser alone is responsible. For any form of use - in particular by clicking, using the services provided via the application programming interface (“API”) or visiting the platforms linked to advertising - their contractual terms and conditions, general terms and conditions and data protection regulations apply.
(2) Advertising can in particular be associated with linking to third-party platforms or third-party API applications. Here too, the responsibility lies solely with the respective advertising provider. Its contractual conditions, general terms and conditions and data protection regulations apply.

§ 15 Voucher

(1) A voucher can be redeemed with us within a period stated on the voucher, but at the latest the voucher can be redeemed by the end of the second year after the year in which the voucher was purchased. Subsequent billing is not possible. Only one voucher can be redeemed per order or order. The voucher can only be used for our immediate services and not for the purchase of additional vouchers. The benefit value must be at least equal to the amount of the voucher. Any remaining balance will not be refunded. Voucher credit will neither be paid out in cash nor interest. We can make payments to the respective owner with a discharging effect. This does not apply if we had knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.
(2) The voucher is personalized and non-transferable.

§ 16 Copyright and other rights

We have copyright or other rights to all images, films, texts and other content protected by copyright or similar rights, in particular intellectual property rights, that are published on our website, our profiles on other websites, our social media profiles and all of our platforms. The images, films, texts and other rights may not be used without our written consent or license not permitted.

§ 17 Data protection and data security

We comply with the GDPR.

§ 18 Liability, exemption and reimbursement of expenses

(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as the contractual partner can regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above and all other liability, warranty or responsibility limitations and liability, warranty or responsibility exclusions made between us.

(4) Upon first request, you release us from any third-party claims that may be asserted against us and/or our vicarious agents due to possible culpable violations of the partner’s obligations - in particular from these General Terms and Conditions. You will reimburse us for any damage that arises as a result of the claim made by the third party, including any court and attorney fees incurred for legal defense. Otherwise, the statutory provisions apply.

(5) We are entitled to reimbursement of expenses that we considered necessary under the circumstances and were not responsible for, in particular any expenses for the protection of the contractual goods, as well as appropriate remuneration that is customary for the location.

§ 19 Place of performance, applicable law, contract language and place of jurisdiction

(1) For all services from the contract as Place of performance agreed in Munich.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If both you and we are merchants at the time of conclusion of the contract and your registered office is in Germany at the time of conclusion of the contract, the exclusive place of jurisdiction is our registered office in Munich. Otherwise, the applicable legal provisions apply to local and international jurisdiction.

(3) Unless otherwise agreed in writing, the contract language is German. Any translated legal texts or documents are intended solely for better understanding. The German versions are legally binding, particularly with regard to a contractual agreement as well as to these General Terms and Conditions, the data protection regulations or all other legal texts or documents; This applies in particular to deviations or differences in interpretation between such legal texts or documents.

(4) With regard to disputes with consumers, the EU Commission has created an internet platform for online dispute resolution - alternative dispute resolution according to the ODR Regulation and Section 36 VSBG. This platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr

Participation in a dispute resolution procedure before a consumer arbitration board is not mandatory and will not be taken into account by us.

§ 20 Final provisions

(1) Changes and additions to these General Terms and Conditions will be made in writing; we reserve the right to do so. Changes require that you are not unreasonably disadvantaged, that there is no breach of good faith and that the change is not objected to. In the event of a change, notification will be made via one of the communication channels - in particular by email - 2 months before it takes effect. The change will become effective if it is not objected to within this period - after this, the changed general terms and conditions become valid.

(2) We reserve the right to assign this contract to another company. It becomes valid 1 month after sending a notice of assignment to you via one of our communication channels - in particular by email. In the event of an assignment, you have a right of termination, which applies 1 month after receipt of notification of the assignment. All rights granted to us are also deemed to have been granted to our legal successors.

(3) If individual provisions of these General Terms and Conditions are invalid, the legal validity of the remaining provisions will not be affected. The invalid provision will be replaced by an effective provision that comes closest to the intended economic purpose.