General Terms and Conditions of PVM-Consulting
1st area of application
The following terms and conditions shall apply to all services provided by PVM-Consulting to the contractual partner. The terms and conditions of business and purchase of the contracting party shall not apply. They shall only be binding on PVM-Consulting if PVM-Consulting expressly agrees to them in writing. The offers of PVM-Consulting are subject to change. Minor deviations are reserved.
2. terms of payment
Unless otherwise agreed in writing, the terms of payment and prices stated in the respective offer shall apply. Participation in training events for only part of the time does not entitle the participant to a price reduction. Invoices will be issued after the start of the event. Payments are due without deduction within 14 days of receipt of the invoice. The timeliness of payment shall be determined by the date on which the money is credited to the account of PVM-Consulting. In the event of late payment, PVM-Consulting shall be entitled to charge interest on arrears in the amount of 5 percentage points for consumers or, if the contractual partner is a company, in the amount of 8 percentage points above the respective base interest rate in accordance with § 247 BGB.
The contractual partner may only offset undisputed or legally established claims.
3. copyrights
PVM-Consulting reserves all rights, including those of translation, reprinting and reproduction of participant documents. Without the prior written consent of PVM-Consulting, no part of the participant documents may be reproduced in any form, including for the purposes of teaching, processed, duplicated, distributed or used for public reproduction, in particular using electronic systems. Copyright protection also extends to software used in PVM-Consulting seminars. The contractual partner undertakes to observe the copyright protection of the software used in the event and not to make any unauthorized copies. Data carriers brought along by the contractual partners may only be used on PVM-Consulting computers after prior agreement with PVM-Consulting.
4. right of withdrawal
A right of withdrawal on the part of the contractual partner due to non-performance or non-contractual performance by PVM-Consulting is excluded in business transactions with merchants if PVM-Consulting is not responsible for the breach of duty. If the contractual partner withdraws from a contract without justification, PVM-Consulting may demand 10% of the sales price or fee for the costs incurred in processing the order and for loss of profit. The amount of damages shall be set higher or lower if PVM-Consulting proves higher damages or the contractual partner proves that no damages at all or significantly lower damages were incurred. The withdrawal from seminars and further training measures is regulated conclusively under point 5. b).
5. seminars and further training
The following provisions 5. a) to 5. b) apply exclusively to seminars and further training measures of PVM-Consulting.
a) Registrations
Registrations are possible in text form. Each registration will be confirmed by PVM-Consulting by invitation and is only then binding for both parties. The number of participants is limited. In the event of overbooking, PVM-Consulting may offer an alternative date.
b) Cancellation/withdrawal
PVM-Consulting may withdraw from the contract, e.g. if a minimum number of participants depending on the type of event is not reached, if the event has to be canceled due to illness of the lecturer or for technical reasons. Before exercising its right of withdrawal, PVM-Consulting shall attempt to rebook the event to another date and/or another venue, insofar as this is possible and the contractual partner agrees to this. Changes will be communicated immediately. Cancellations by the contractual partners of PVM-Consulting must be made in writing. No participation fees shall be charged for cancellations made up to 4 weeks before the start of the event at the latest. For cancellations received by PVM-Consulting no later than 2 weeks before the start of the event, half of the participation fees will be charged. Cancellations within the last 2 weeks before the start of the event or non-participation will be charged in full. The date of receipt of the written cancellation by PVM-Consulting shall be decisive. The contractual partner has the option of nominating a suitable substitute participant at any time.
6. revocation instruction
If the participant is a consumer, they have the right to cancel their registration in writing (e.g. letter, fax, e-mail) within two weeks without giving reasons. The period begins upon receipt of this instruction. Timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to: PVM-Consulting, Herzogstr.75 in 80796 Munich. After exercising the right of revocation, any payments made will be refunded.
7. data protection
Without the written consent of the contractual partner, PVM-Consulting may neither pass on to third parties nor utilize for itself any business or task-related facts that become known to it in connection with the execution of the contract. This shall not apply if PVM-Consulting is legally or officially obliged to provide information. PVM-Consulting is authorized to process the personal data entrusted to it within the scope of the purpose of the contract or to have it processed by third parties in compliance with data protection regulations.
8. liability
The liability of PVM-Consulting is limited to damages resulting from grossly negligent and intentional behavior as well as grossly negligent and intentional behavior of its representatives or vicarious agents, except in the case of damages resulting from injury to life, body or health or foreseeable damages typical for the contract resulting from the breach of essential contractual obligations, the breach of which would endanger the purpose of the contract (cardinal obligations). Liability arising from a breach of cardinal obligations that is neither grossly negligent nor intentional is excluded with regard to loss of profit and loss of production."
9. place of performance, place of jurisdiction
To the extent permitted by law, the place of jurisdiction is Munich.
10. final provisions
The law applicable in the Federal Republic of Germany shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded. Transfers of rights and obligations of the contractual partner arising from the contract concluded with PVM-Consulting shall require the written consent of PVM-Consulting. Amendments and supplements to these terms and conditions must be made in writing in order to be valid. This shall also apply to the waiver of the written form requirement. Verbal collateral agreements do not exist. Should these provisions be partially legally invalid or incomplete, this shall not affect the validity of the remaining provisions. In such cases, the contracting parties undertake to replace the invalid provisions with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
Munich, February 2015