General Terms and Conditions
The General Terms and Conditions apply to all contracts, deliveries, and other services between the company Albion Academy GmbH (referred to as Albion), address Salzburger Straße 35, D-83404 Ainring, and the customer and all related legal transactions.
They are also valid, according to the sense and purpose, for obligatory relationships between the parties, which arise by the admission of relevant contract negotiations or similar business contacts in the sense of § 311 paragraph 2 BGB.
Terms and conditions of the customer that deviate from these terms and conditions are hereby contradicted. Such deviating terms and conditions are only accepted by Albion if this has been expressly agreed to in writing.
The general terms and conditions consist of the General Provisions (I.) as well as the Special Provisions for Management Consulting (II.), for Training or Seminar Events (III.) and the Online Shop (IV.). The Customer may retrieve and print these general terms and conditions at www.albionacademy.com/terms or request them in written form by sending an e-mail to inquiry@albion.eu.
I. General Provisions
§ 1 General
(1) Albion explicitly does not address consumers in the sense of § 13 BGB with its offers. By concluding the contract, the customer confirms that he commissions or acquires the services to be provided by Albion or the documents created by Albion for his commercial or freelance activity.
(2) Ancillary agreements should be agreed in writing; individual agreements always take precedence.
(3) The business relations between Albion and the customers are subject to the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods.
(4) The exclusive place of jurisdiction for all disputes arising from this contract is if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany. Albion is furthermore entitled to sue the customer at his general place of jurisdiction.
§ 2 Value Added Tax and Payment
(1) Unless otherwise stated, the agreed fees or prices are net without value added tax.
(2) Unless otherwise agreed, payments by the customer are due within 30 days after invoicing, at the latest two weeks before the event. If a customer is in arrears with his payment obligations, Albion can demand compensation in accordance with the statutory provisions and withdraw from the contract.
(3) Albion always issues an invoice to the customer for training or consulting services. When purchasing documents via the online store, Albion may also send the invoice.
§ 3 Liability
(1) Albion is liable for material defects and defects of title in accordance with the statutory provisions.
(2) A customer may only assert claims for damages against Albion outside the liability for material defects and defects of title in the event of intent or gross negligence, including intent or gross negligence on the part of our employees, representatives or vicarious agents.
(3) The exclusion of liability does not apply in the event of injury to life, limb, or health or in the event of a breach of material contractual obligations. Any liability of Albion is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
(4) Liability under the Product Liability Act and other mandatory statutory provisions remains unaffected.
(5) Except in the case of unlimited liability, Albion’s maximum liability is limited to the value of the offer or consulting or course fee, up to a maximum of EUR 5,000.00 (five thousand euros).
(6) Except in the case of unlimited liability, liability is further excluded for any consequential and pecuniary damages (e.g. loss of profit, loss of work or claims by third parties). All claims against Albion expire twelve months after completion of the service rendered.
§ 4 Offsetting and right of retention
The customer is only entitled to the right of set-off if the counterclaims are recognized by Albion or have been legally established. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 5 Data protection
(1) The customer is aware and agrees that the personal data required to process the order will be collected, stored, and processed by Albion in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The personal data will of course be treated confidentially.
(2) Personal information may also be used to provide information about products, marketing measures and other services with the prior express consent of the customer.
(3) The customer has the right to revoke his consent at any time with effect for the future. In this case, the personal data will be deleted immediately. In the case of ongoing contractual relationships, the deletion will take place after their end.
§ 6 Cancellation policy
(1) According to legal regulations, the customer has the right to revoke this contract within 14 days without giving reasons.
(2) The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise the right of revocation, the customer must inform Albion of the decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). Albion will immediately send the customer (e.g. by e-mail) a confirmation of receipt of such revocation.
(3) In order to comply with the revocation period, it is sufficient that the customer sends the notification of the exercise of the right of revocation before the expiry of the revocation period.
(4) If the Customer revokes this Agreement, Albion shall repay to the Customer all payments received by Albion from the Customer without undue delay and no later than within fourteen days from the day on which Albion received the notification of revocation of this Agreement. For this repayment, Albion will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees due to this repayment.
(5) It is expressly pointed out that the right of withdrawal expires if Albion has begun with the execution of the contract after the customer has expressly agreed that Albion begins with the execution of the contract before the expiration of the withdrawal period.
II. Special Provisions for Management Consulting
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§ 1 Assignment, determination of the termination of the order
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(1) The task, the procedure, the type of work results as well as the remuneration are determined by a written agreement between Albion and the customer. Changes, additions or extensions to the terms of reference, the procedure and the type of work results require a written agreement.
(2) Albion’s services are deemed to have been rendered when the necessary analyses, the resulting conclusions and the recommendations have been developed and explained to the customer. It is irrelevant whether or when the customer implements the conclusions or recommendations.
(3) The customer may cancel consulting services free of charge up to 6 weeks before the start of the service. Thereafter, in the event of cancellation, the customer shall pay 80% of the remuneration, but no more than 30 daily rates.
§ 2 Obligations of the customer
(1) The customer undertakes to support the activities of Albion. In particular, the customer creates free of charge all conditions in the area of its sphere of operation, which are necessary for the provision of services. Insofar as Albion is deprived of the required reasonable prerequisites, the customer must separately remunerate the resulting waiting times, which are documented.
(2) The customer undertakes not to employ or engage any employees or vicarious agents of Albion in connection with the performance of the consulting services before the expiration of 24 months after the termination of the cooperation.
§ 3 Obligations of Albion
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Albion is obligated to treat the information about business and trade secrets of the customer confidentially and to have its employees or vicarious agents sign a corresponding declaration of obligation upon request. If one of the employees or vicarious agents violates the obligation, Albion fulfills a resulting obligation to compensate the customer in that Albion assigns the recourse claims arising against the employee or vicarious agent to the customer.
§ 4 Protection of work results
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The reports, plans, drafts, lists and calculations prepared by Albion may only be used for the contractually agreed purposes. Any non-contractual use of these services, in particular their publication, requires the prior written consent of Albion. This also applies if the service provided should not be the subject of special legal rights, in particular copyright.
III Special Provisions Training and Seminars
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§ 1 Booking of training or seminar events
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(1) If customers book their participation in training or seminar events via Albion’s online portal, the contract is concluded by Albion confirming the customer’s registration in writing; with this confirmation, the registration is binding for both parties. Together with or after the confirmation of registration, the customer receives the invoice.
(2) For all other booking processes, e.g. by telephone, e-mail, letter or fax, Albion sends the customer an offer to participate in the desired training or seminar event, which the customer can bindingly accept in text form within 1 week.
(3) With the confirmation of registration, the customer is added to the list of potential participants. It is not a guarantee that the event will actually take place, e.g. due to insufficient number of participants. At the latest two weeks before the start of the event, the customer will receive a confirmation of implementation with all detailed information.
(4) Due to the limited number of participants – in the interest of the customer – registrations will be considered in the order of their arrival.
(5) The trainers employed by Albion act exclusively on behalf and in the name of Albion during their activity. Within a period of 24 months after the end of the event, additional, follow-up and new orders with the trainers are to be processed exclusively through Albion.
§ 2 Prices and fees
(1) For participation in training or seminar events, the prices stated in the course programs or in the online portal or, e.g. for corporate events, the individually agreed prices apply.
(2) The participation fee is due for payment within 30 days after receipt of the invoice, in any case before the start of the event. If the participation fee has not been paid by the start of the event, participation is unfortunately not possible. An early booking discount will only be granted if the booking and payment are made within the respective deadlines.
(3) The prices for public seminars offered directly by Albion (no partner companies) include the following services, unless otherwise stated in the offer or in the online portal.
– Trainer services
– Teaching materials provided in German or English
– Drinks and lunch during the event or corresponding vouchers for them
– Exam voucher for all courses where an exam is taken. The examination vouchers can be redeemed at certified examination centers.
– Two coaching units
(4) Early bird discount: If you make a firm booking six weeks (42 calendar days) in advance (no cancellation) you will receive a 10% discount. This discount is limited to 4 participants; it is on a first-come, first-served basis. This discount cannot be combined with other discounts.
(5) Other costs in connection with the training, such as accommodation and travel costs, must be borne by the participant. Non-attendance or only temporary participation in an event does not entitle the participant to a reduction of the participation fee.
(6) Our discount regulations are final and cannot be combined with other special conditions that the customer receives from Albion or, if applicable, via third parties (partner companies, associations, etc.).
§ 3 Cancellations and rebookings by the customer
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(1) Participants may cancel their participation in events in writing no later than 14 calendar days prior to the start of the event as follows:
– Cancellation 60 calendar days or earlier before the start of the event is free of charge;
– A cancellation between the 59th calendar day and the 15th calendar day before the start of the event, 50% of the participation fee is due;
– In case of a later cancellation or a non-participation without prior cancellation, the entire participation fee will be charged;
– Any participation fees already paid will be refunded accordingly by Albion.
(2) A customer may transfer a registration to another employee of his company at any time.
§ 4 Cancellation and cancellation by Albion
(1) The venue of the event is specified in the offer or confirmation letter. Albion reserves the right to relocate the training location.
(2) Albion reserves the right to cancel or reschedule even confirmed events for organizational or other important reasons (e.g. absence of the speaker due to illness). In the event of a cancellation or rescheduling of the event, Albion will inform the participants immediately.
(3) In this case, however, Albion will endeavor to offer alternatives, e.g. rebook the customer to another date and/or venue, provided the customer agrees to this. Otherwise, course fees already paid will be refunded; no further claims exist.
§ 5 Certification guarantee
(1) If the seminar participant does not pass the examinations for the intended certification after successful participation in the course, the participant is entitled to retake the examination once for free. The seminar participant is responsible for the costs of further examination attempts.
(2) The prerequisite for retaking the exam free of charge is that the seminar participant has actively participated in a classroom or online training course and was present for at least 2/3 of the training time.
(3) A retake of the exam free of charge is only possible within a maximum of 12 months following the original start of the course.
(4) The certification guarantee is a free additional service provided by Albion. In general, it only applies when registering for a public Albion course. It does not apply to customer-specific seminars or to seminars offered by partner companies that are marketed via Albion’s online portal.
(5) Albion is nevertheless entitled to refuse renewed course participation if the seminar participant has failed the originally booked course for reasons not excused by Albion, has violated general principles of conduct in dealing with course instructors or other seminar participants, or the failed final examination is demonstrably due to the seminar participant’s lack of willingness to cooperate.
(6) The two coaching hours offered do not have to be held by the same trainer who held the training.
(7) The following costs are not included in the certification guarantee:
– The costs for travel, accommodation and meals.
§ 6 Copyrights to training materials
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All copyrights and other proprietary rights with respect to the training materials, including those of translation, reprinting and reproduction, shall remain with Albion. No user may reproduce, duplicate, distribute, or publicly display the Training Materials, in whole or in part, in any form, including for instructional purposes, without Albion’s prior written permission.
§ 7 Reservation of right to change
(1) Our seminar offer is continuously updated. On our website, all information is always up to date. We reserve the right to make necessary adjustments or deviations to the content of our seminars, insofar as these do not significantly change the subject and the overall character of the seminar in question.
(2) The company is entitled without prior notice to change the nature and structure of the courses as well as the methods, media, exercises and timing of course units, provided that this is appropriate or required by law and does not have a lasting negative impact on the quality of the service to be provided or the qualification to be achieved after participation in the course.
§ 8 In-house trainings / company events
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(1) In the case of in-house trainings, the customer shall provide Albion with appropriate support for the performance of the services at its own expense. Unless otherwise agreed, the customer shall provide the service environment (e.g. rooms, facilities and equipment) and Albion shall provide the service content (e.g. documents, certified if necessary, certificates and exams). Costs for travel, expenses and hotel of the customer or individual participants are to be borne by the customer.
(2) The customer must take all measures necessary for the protection of persons and property in the rooms provided by him. He has to inform Albion about all applicable safety regulations. If the customer does not comply with his obligations, Albion is entitled, after setting a reasonable deadline in the individual case, to carry out the actions incumbent on the customer in his place and at his expense. In all other respects, the customer is responsible for any resulting delays, bears any additional costs that may arise, and is obligated to compensate Albion for any damages that may arise as a result.
(3) Unless otherwise agreed, travel and accommodation costs will be charged separately by Albion for services and shown separately in the invoice. Albion’s business address is considered the starting point and return destination.
(4) Cancellation / Reduction
The customer bears all costs arising from the fact that
– an event is cancelled by the customer, that
– an event does not take place for reasons for which Albion is not responsible,
– an event is interrupted or delayed through no fault of Albion, or
– cannot be carried out on site as planned.
(5) If Albion cancels an event, the corresponding fees will be refunded in full, unless Albion is not responsible for the cancellation. Further claims against Albion are excluded.
(6) In the event of a service failure for which Albion is not responsible, a new service date will be set to the exclusion of any payment claims of the customer against Albion. Substitute participants for trainings can always be named until the beginning of a training. Days, hours or places not used will not result in a reduction and will not be refunded.
IV. Special provisions online shop
§ 1 Conclusion of contract and processing
(1) In the online store at www.albionacademy.com Albion offers various documents for download, e.g. training documents. The customer can find detailed information about the offered print templates in the item descriptions. The customer can collect the documents he chooses in a virtual shopping cart and then order them. Before completing the order, the customer receives an overview of the ordered items and the applicable sales tax and can check and correct the order for correctness of content, especially price and quantity. Albion confirms receipt of the order to the Customer by e-mail.
(2) Albion has prepared the texts, graphics and images contained in the documents to the best of its knowledge and in compliance with the relevant laws and legal regulations. The final examination and evaluation of the contents for the use planned in the individual case is the responsibility of the customer; this applies in particular also with regard to a possibly changed factual and legal situation at the time of use and to the changes and additions made by the customer.
(3) A license agreement is concluded when Albion confirms the customer’s order in text form or when Albion makes the files available to the customer for download.
(4) The customer can download the files after paying the agreed price to Albion.
§ 2 Prices and shipping costs, payment
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(1) The prices stated in the online store apply. Packaging and shipping costs do not apply; however, in the case of a download, the customer may incur additional costs for the transfer of the files via the Internet.
(2) The customer can choose between payment by PayPal and payment by bank transfer.
– In the case of payment by PayPal, the customer will be redirected to the PayPal page during the ordering process and make his irrevocable payment there. Afterwards, redirected to the store page, he completes his order and receives the download link with the automated order confirmation.
– In the case of payment by bank transfer, the customer will receive the link to download the products by e-mail after Albion has received the confirmation of receipt of funds from the bank. A payment by bank transfer is due 1 week after conclusion of the contract. Payments by direct debit are free of charge. As far as a return debit note or refusal of the debit note takes place, which is to be represented by the seminar participant, the additional costs charged by the executing bank are to be refunded to us by the seminar participant.
§ 3 Granting of rights of use
(1) The documents offered by Albion in the online store are subject to copyright according to UrhG, both in their original and modified state. The copyright extends to the contained texts and images and also to the structure and design. Albion reserves the right to protect the files from unauthorized distribution by hidden programming codes.
(2) With the complete payment of the agreed price Albion transfers to the respective customer the temporally and spatially unlimited, non-transferable and non-exclusive right to use the received files including the texts and images in the business area. In doing so, the customer is entitled to save the received files on his computer, to edit them individually and to print them out. The granted right of use does not allow the customer to pass on the documents, in unchanged or changed form, to third parties against payment or free of charge. The granted right of use also does not allow the customer to use the documents on the Internet or in other media.
Sources
- www.liesegang-partner.de