Table of Contents

I. Scope

The following General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded via our Internet presence between you as our customer and us.

PS Consulting GmbH
Managing Director: Patrick Schmid

Horber Str. 142
72221 Haiterbach
Deutschland

Phone: +49 7456 7957-260
Fax: +49 7456 7957-266
Email address: info@psconsult.de

Register court: Amtsgericht Stuttgart
Register number: HRB 341008

II. Conclusion of contract

(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only the invitation to submit such an offer (application).

(2) You can submit your offer via contact form, by e-mail, by fax, by mail, by telephone. The GTC become part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.

(a) You shall be bound by the order for a period of 14 days after placing the order; your right to revoke your order, if any, shall remain unaffected.

(b) The contract shall not be concluded until we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).

(3) In our e-mail confirming receipt or order or in a separate e-mail, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.

(4) The contract text will be stored by us in compliance with data protection. Apart from the above sending, we keep the text of the contract is not accessible to you.

(5) The contract shall be concluded in the German language.

(6) If you have provided your email address as part of the ordering process, or indeed as part of any other enquiry, it is your responsibility to ensure that the email address you have provided exists, is correct and that you are able to receive emails at that email address from us or from any third party contracted by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.

(7) You agree to an invoice transmitted electronically.

(8) All prices stated on our website are total prices including VAT and other price components plus shipping and handling.

III. Right of withdrawal

(1) If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory regulations. Further information on the right of withdrawal can be found in our cancellation policy.

(2)

IV. Payment terms

We offer the following methods of payment:

(1) Payment on account: We offer you a payment on account. If you select this payment method, our claim to payment of the agreed price shall become due after our service has been provided and an invoice has been issued in this respect. Unless otherwise agreed, the agreed price is payable within of receipt of the invoice without deduction.

We reserve the right to conduct a credit check. In the case of a negative credit report, we are entitled to refuse this payment method.

(2) If goods are delivered to you which show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the delivery company. However, this will not affect your statutory or contractual warranty rights.

(3) We would like to point out that a right of withdrawal for consumers pursuant to § 312g para. 2 S.1 No. 9 BGB (German Civil Code) does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. This means that for events booked via our website with a specific date, there is no right of revocation and the contract is irrevocably binding with the booking.

V. Special provisions for promotional vouchers

(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers that we provide to you free of charge in connection with promotions, that cannot be purchased, that are only valid for a limited period of time and that can only be redeemed on our website. The following regulations apply to promotional vouchers.

(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. After the expiry of the validity period, promotional vouchers can no longer be redeemed. Promotion vouchers cannot be subsequently offset. You can only redeem one promotional voucher per order.

(3) Unless otherwise stated, you may only redeem promotional vouchers with us as a consumer.

(4) We are entitled to limit the validity of the promotional vouchers to certain products or to exclude the validity for certain products. Any such restriction will be determined by the contents of the relevant promotional voucher.

(5) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e. any remaining balance, will not be refunded by us.

(6) If you exercise your statutory right of cancellation and return the relevant goods which you have paid for in whole or in part with the promotional voucher, no refund of the value of the promotional voucher will be made.

(7) No cash payment of the value of the promotional voucher or interest thereon will be made.

(8) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the value of the promotional voucher using the payment methods we offer.

(9) Promotional vouchers are not transferable to third parties and can only be redeemed by the person named on the promotional voucher. We reserve the right to verify that the person named on the promotional voucher is eligible to claim the gift voucher, but we are not obliged to do so.

(10) The above right of cancellation is in addition to any statutory right of cancellation that may exist for you. The latter is not restricted by the above right of cancellation.

VI. Changes to the GTC or our services

(1) We reserve the right to change our T&Cs or our services,

(a) if our T&Cs or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a judicial or official decision,

(b) if technical or procedural changes that do not have a material impact on you make it necessary to change the T&Cs or our services,

(c) if we offer new or additional services that must be included in the T&Cs and this does not adversely affect the contractual relationship we have with you, or

(d) if the changes to our T&Cs or our services are merely legally advantageous to you.

(2) You will be notified of any changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. You will be informed separately of the right to object and the legal consequences of silence.

(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

VII. Data protection

For information on the processing of personal data, please refer to our privacy policy.

VIII. Customer Service

For questions, complaints or claims, you can reach us by phone at +4974567957-260 and by email at info@psconsult.de.

IX. Consumer Arbitration Board

We are not willing and not obliged to participate in any dispute resolution procedure before a consumer arbitration board.

X. Online dispute resolution

The EU Commission has set up an internet platform for the online settlement of disputes (ODR platform) between entrepreneurs and consumers. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr/

XI. Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.

(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

XII. Terms and conditions for in-house seminars and consulting

(1) The first initial meeting with the trainer or consultant is free of charge. Further meetings usually serve to provide advice to the customer and are charged at our hourly rates.

(2) For seminars, a daily or flat-rate fee is agreed. A seminar day usually consists of 6-7 teaching hours.

(3) A daily fee is agreed for each day or part day for meetings, analysis, training preparations and other tasks to be carried out together with the client or third parties. If the service is provided on an hourly basis, the hourly fee is 1/8 of the daily fee, unless explicitly stated differently.

(4) Travel and accommodation costs will be charged separately. These are composed as follows: flight (economy class in Europe, business class outside Europe), first-class train, car 1.00 EUR/km, hotel costs on proof, meals at a flat rate of 40.00 EUR per person and day. If the travel time is more than 5 hours, we charge a flat rate of 50% of our daily fee for each trip.

(5) The cancellation of agreed assignments by the client is possible free of charge up to eight weeks before the start of the event. After that, we charge 50% of the fee. For cancellations within four weeks before the start of the event, we charge 100% of the fee. In addition, there are non-refundable cancellation costs for hotels, flights, rental cars, etc.

(6) Invoices are payable within 14 days without deduction of discount. Any bank charges incurred will be borne by the client. For long-term orders, partial services will be invoiced monthly. For in-house seminars that have been booked and completed, the invoice will be issued immediately after the seminar.

XIII. Terms and conditions for public seminars

(1) The seminar costs for on-site seminars include documents, coffee breaks, lunch and drinks. For live online seminars, only the documents are included.

(2) Invoicing for participation in open seminars takes place approximately 3 weeks before the seminar and is due immediately without deduction.

(3) The customer can cancel their registration free of charge up to three weeks before the event date. After that, or in the event of a no-show, we will charge the full seminar fee. This also applies if the participant is ill or unable to attend for other reasons. Cancellation must be made in writing. Of course, a registered participant can be replaced by another person at any time and free of charge. If a cancellation is made outside of the deadline and an immediate re-booking is made for the same seminar, for a date within the following 6 months, 50% of the seminar price already paid for non-attendance will be credited to the new seminar price.

(4) For modular seminars, the full seminar fee for all modules is due before the first module. A refund for the participant's absence from some of the modules is not possible, as a place in these seminars cannot be given to someone else.

(5) PS Consulting reserves the right to cancel an event due to insufficient demand or number of participants or for other important reasons beyond our control (e.g. sudden illness of the trainer, force majeure). Of course, any participation fees you have already paid will be refunded. Further liability and claims for damages arising from the cancellation or change of the event are excluded, unless there is intent or gross negligence on our part. This also applies to hotel rooms booked by you, as well as flight or train tickets.

(6) Photographs of the participants may be taken during the seminars as part of a photo protocol. These photo protocols are only made available to the participants of the seminar. If you do not agree to be photographed for the photo protocol, please contact the seminar trainer.

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