General Terms and Conditions
1.1 All services made on the basis of orders by our customers (each, a „Customer“) through our Wechsler Consulting Cloud Campus https://wechsler-consulting.cloud (the „Cloud Campus“) shall be governed by these general terms and conditions (the „General Terms and Conditions“).
1.2 The services in the Cloud Campus are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
1.3 Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
2. Conclusion of the Contract
2.1 Our services in the Cloud Campus do not constitute an offer and are non-binding.
2.2 By placing an order in the Cloud Campus, the Customer makes a binding offer to purchase the relevant service. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
2.3 Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent e-mail acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
2.4 Any Customer who is a Consumer shall be entitled to revoke the offer in accordance with the cancellation and return policy as separately made available to the Customer on our website during the ordering process.
3. Prices and Payment
3.1 Our prices include statutory VAT.
3.2 Unless expressly otherwise agreed by us, all services shall require advance payment (to be made in the manner specified in our order form made available in the Cloud Campus).
3.3 The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. Date of Provisioning of the Services
Any period for the provisioning of the services, specified by us at the time of the order or as otherwise mutually agreed upon, shall begin (a) upon receipt by us of the full contractual price (including VAT).
5.1 We warrant not to infringe third parties’ rights by our services.
5.2 We do not warrant any commercial or technical suitability of the services for the Customers’ purposes. In particular the Customer shall be responsible to provide appropriate system requirements in order to use our services.
6. Intellectual Property Rights
6.1 We are the owner of any IP-Rights including Copyrights of the services rendered at the Cloud Campus. The Customer is granted the non-exclusive right to use the contractual services rendered at our Cloud Campus in the indicated way.
6.2 The Customer shall not be entitled to use, copy, edit services, texts, photographs or film material, except for the purpose to use the services pursuant to Section 6.1.
7.1 We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the services. Furthermore, our liability shall be excluded for damages resulting out of a loss of data to the extent that data recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.
7.2 The provisions of this Section 7 personal injury Act.
8. Data Protection
9. Applicable Law and Competent Courts
9.1 Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. If the Customer is a Consumer and has his or her habitual residence in another country, the Customer shall, however, continue to have the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law applicable in the state of the Customer’s habitual residence.
9.2 If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the competent courts for Dießen shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
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Seerichterstr. 33, 86911 Dießen