GENERAL TERMS AND CONDITIONS
§ 1 Scope of application
1.1. These General Terms and Conditions shall apply to all contracts and legal relationships between Micro-Tech Europe GmbH (hereinafter referred to as "MTE") and the buyers, participants or purchasers (hereinafter referred to as "Customer") for analogue or digital services such as seminars, training courses, on-site training and online courses (hereinafter collectively referred to as "training courses") via MTE's INSPIRE.YOU website.
1.2. Deviating or supplementary terms and conditions of the customer shall not become part of the contract unless MTE has expressly agreed to their validity.
§ 2 Conclusion of contract, reservation of right of amendment
2.1. The offers made by MTE on the INSPIRE.YOU website are subject to change and do not constitute a binding offer to conclude a contract. The Customer submits a binding offer by clicking on the button "Register for a fee" (for classroom training/on-site training) or "Register now" (for all other training courses) on the INSPIRE.YOU website or by registering by post, e-mail, telephone or fax. The contract for participation in a training course only comes into effect with the confirmation of registration by MTE or at the latest with the provision of the respective service.
2.2. MTE shall be entitled to make minor changes to the content and organisation (e.g. time frame, breaks, etc.) of the training programme before or during the training, provided that this does not significantly impair the benefits of the training.
2.3 MTE reserves the right, for good cause (e.g. illness), to appoint another, equally qualified instructor on the training date in deviation from the training programme.
§ 3 Prices, terms of payment
3.1. The prices or participation fees stated on the INSPIRE.YOU website at the time of booking are decisive. All prices are gross prices in EUR including statutory VAT.
3.2. The participation fee shall be due for payment upon receipt of the invoice by the customer. Payments shall be made without deduction to one of MTE's accounts specified in the invoice.
3.3 In the event of default in payment, the statutory provisions shall apply.
§ 4 Withdrawal, cancellation, rebooking
4.1. Cancellation of the contract is possible at any time in writing (by post, e-mail or fax). The date of receipt of the notice of withdrawal by MTE shall be the date of compliance with the cancellation deadlines.
4.2. In the event of withdrawal/cancellation from a classroom training course (on-site training), the following cancellation fees apply:
(i) Cancellation up to 14 days before the date of the event: free of charge.
(ii) in the event of cancellation by the 5th day before the event date at the latest: 50% of the participation fee plus VAT.
(iii) in the event of cancellation within 5 days before the event date: 100% of the participation fee plus VAT.
4.3 For training courses lasting several days, the first day of the course is decisive for compliance with the cancellation deadline.
§ 5 Cancellation, postponement
5.1. MTE reserves the right to cancel a training course (i) for organisational reasons (e.g. if the minimum number of participants is not reached) up to and including the 7th day before the training date, (ii) for important reasons for which MTE is not responsible (e.g. illness/accident of the instructor) up to and including the training date; (iii) due to force majeure and, if legal restrictions prevent the event from taking place due to a pandemic, up to and including the training date.
5.2. In the event of cancellation by MTE in accordance with § 5.1, the full price plus VAT shall be refunded if payment has already been received. Any further liability claims and claims for damages that do not relate to injury to life, limb or health shall be excluded, unless there is intent or gross negligence on the part of MTE. This shall also apply to futile expenses (e.g. hotel rooms booked by the customer as well as flight or train tickets). Otherwise, the provisions of § 10 "Liability" shall apply.
§ 6 Scope of services, work equipment
6.1. The participation fee includes the booked training course, seminar documents and - if offered - catering. Travelling and accommodation costs and other expenses shall be borne by the customer.
6.2. The written material accompanying the training courses on the INSPIRE.YOU website is protected by copyright and may not be reproduced or distributed without the consent of MTE. The forwarding to third parties or public distribution or making available of documents, presentations, scripts, videos, images, sound recordings, etc. is not permitted without the written consent of MTE. This also applies to mere extracts from the accompanying material.
6.3. MTE assumes no guarantee or liability for the up-to-dateness, completeness and correctness of all documents provided as part of the training.
§7 Data protection, consent to the use of photos
7.1. MTE treats the personal data of customers in the context of training courses via the INSPIRE.YOU website confidentially and always in accordance with the statutory data protection regulations.
7.2. The privacy policy is available at https://inspireyou.micro-tech-europe.com/en/privacy-policy .
7.3. Photographs of customers may be taken and published during the training courses for the purpose of the (promotional) public image of MTE or INSPIRE.YOU. In particular, the external promotional presentation includes the publication of
(i) on the websites of MTE and INSPIRE.YOU,
(ii) to the post on the social media channels on which MTE or INSPIRE.YOU are present,
(iii) at internal/external training courses, meetings, conferences, further training and other events organised by MTE, as well as at internal/external company presentations by MTE.
7.4. By registering for and participating in a training course, the customer agrees to the free use of photographic images of his person for the purposes specified in Section 7.3. The customer may revoke this consent at any time with effect for the future.
§ 8 Right of withdrawal for consumers
8.1. Consumers within the meaning of § 13 BGB are generally entitled to a statutory right of withdrawal.
8.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. In contrast, entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity; the following statements do not apply to entrepreneurs.
8.3. The following instructions on withdrawal applies to consumers as defined above:
INSTRUCTIONS ON WITHDRAWAL
Right of withdrawal: You have the right to revoce this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract. To exercise the right to revoce, you must inform us (Micro Tech Europe GmbH, Mündelheimer Weg 36, 40472 Düsseldorf, Germany, Fax number: +49211/732762699, E-mail: inspireyou@micro-tech-europe.com) of your decision to revoce this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the revocation period, it is sufficient for you to send your notification of exercising your right of withdrawal before the revocation period has expired.
Consequences of withdrawal: If you revoce this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoce this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
SAMPLE WITHDRAWAL FORM
If you wish to revoce the contract in accordance with the above instructions on withdrawal, you can complete this form and return it to us. However, the use of the form is not mandatory.
To
Micro-Tech Europe GmbH
Mündelheimer Weg 36
40472 Düsseldorf
Fax: +49211/732762699
E-mail: inspireyou@micro-tech-europe.com
I/we (*) hereby revoce the contract concluded by me/us (*) for the provision of the following service:
Booked on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
date
(*) Delete as appropriate.
END OF INSTRUCTIONS ON WITHDRAWAL
§ 9 Liability
9.1. MTE shall be liable for damages within the scope of the statutory provisions only in accordance with the following provisions.
9.2 MTE shall be liable for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of MTE or its legal representatives or vicarious agents, as well as for damages in the event of non-compliance with a guarantee given by MTE or due to fraudulently concealed defects.
9.3 MTE shall be liable, limited to compensation for foreseeable damages typical of the contract, for such damages that are based on a slightly negligent breach of material contractual obligations by MTE or its legal representatives or vicarious agents. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
9.4. Other claims for damages by the customer are excluded. The provisions of the Product Liability Act remain unaffected.
9.5. The limitations of the above provisions shall also apply in favour of MTE's legal representatives and vicarious agents if claims are asserted directly against them.
10. Notice pursuant to Art. 14 ODR Regulation and § 16 VSBG
10.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr.
10.2. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer (see definition in § 8.2. of these General Terms and Conditions) is involved.
10.3 The online dispute resolution procedure is not a mandatory prerequisite for recourse to the competent so-called ordinary courts.
10.4MTE is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Applicable law, place of jurisdiction
11.1. These General Terms and Conditions are subject to German law. For customers who are consumers within the meaning of § 13 BGB (see definition in § 8.2. of these General Terms and Conditions), this choice of law only applies insofar as it does not conflict with mandatory provisions of the law of the country in which the customer has his habitual residence.
11.2. If the customer is a merchant, a legal entity under public law or a special fund under public law and concludes the contract with MTE in this capacity, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of MTE. This shall also apply if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
§ 12 Final provisions
12.1 Collateral agreements, reservations, amendments and supplements must be made in writing.
12.2 Should a provision in these General Terms and Conditions be or become invalid, this shall not affect the validity of all other provisions or agreements.