These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the michaelbaumgardt.com website (“Website” or “Service”) and any of its related products and services. This Agreement is legally binding between you (“costumer”, “participants”, “you” or “your”) and this Website operator (“Michael Baumgardt”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “client”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
The General Terms and Conditions apply to all services provided by Michael Baumgardt.
Supplementary or deviating terms and conditions of the Contractual Partner shall apply only after written confirmation by Michael Baumgardt.
Written form is required for all terms and conditions between Michael Baumgardt and the Contract Partner, individual contract contents shall take precedence over the GTCs.
§2 Conclusion of contract
The contract and thus the registration for a seminar shall be deemed concluded as soon as you receive an order confirmation from us.
If Michael Baumgardt has made an offer to the customer to participate in a seminar, the contract is valid from the time of acceptance by the contractual partner within the acceptance period.
Since there is a limited number of participants for the seminars, registrations will be accepted in the order in which they are received.
If there is only a minimum number of participants for the seminar, Michael Baumgardt is only obligated to conduct the seminar once the minimum number of participants has been reached.
Michael Baumgardt will conduct the seminar specified in more detail in the contract as part of a service contract without any guarantee of success. The seminars will be conducted by Michael Baumgardt himself or by a third party commissioned by Michael Baumgardt. The contents specified in the contract and/or offer define the basic subject matter of the seminar; however, Michael Baumgardt is free to define the concrete contents and is obligated to perform within the framework of the legal provisions of the service contract (§§ 611 et seq. BGB).
§3 Terms of Payment
Unless otherwise agreed, the remuneration stipulated in the contract for the performance of the seminar shall be paid within 2 weeks after receipt of the invoice.
The receipt of payment by Michael Baumgardt is decisive for the time and thus the timeliness of payment.
The attendance of certain parts of the seminars does not entitle you to a reduction of the seminar fees.
§4 Cancellation and Revocation
The registration can be cancelled free of charge up to 10 working days before the start of the seminar (the day of the start of the seminar is not included), up to 5 working days before the start of the seminar you will receive half of the seminar fee back, in case of cancellation 4 working days or more before the start of the seminar 25 percent of the seminar fee will be refunded.
Of course, this does not apply if a substitute participant is named at least 2 days before the start of the seminar.
Michael Baumgardt may cancel the contract up to the start of the seminar if the seminar is not held due to an insufficient number of participants or force majeure and circumstances for which Michael Baumgardt is not responsible. No claims for compensation on the part of the customer shall apply.
Any cancellation must be made in writing.
§5 Copyrights and Trademarks
We reserve all rights, including those of translation, reprinting and reproduction of the seminar documents or parts thereof, unless this has been agreed in writing.
In the seminars of Michael Baumgardt, goods, such as software, are used that are protected by copyrights and trademark rights. These may neither be copied nor removed from the seminar room or stored, unless this has been agreed in writing.
§6 Data protection
The customer and the participant sent by the customer agree that pesonal data will be stored, changed and deleted within the framework of the legal regulations.
The Customer agrees that Michael Baumgardt may use the Customer's name and company logo on lists for its own advertising purposes and may reproduce these publicly. The Customer may revoke this consent in writing at any time.
Michael Baumgardt assumes liability in accordance with the statutory provisions in the event of claims for damages based on intent or gross negligence on the part of the representatives of Michael Baumgardt.
In the case of simply negligent violations of cardinal obligations (the obligations that enable the contract to be performed), Michael Baumgardt assumes liability in accordance with statutory provisions.
Michael Baumgardt assumes no liability for simply negligent violations of non-essential contractual obligations.
Compensation will only be paid for foreseeable damages, in particular the purchase price. Consequential damages, such as lost profits, anticipated savings, and damages from claims and demands of third parties (e.g., software manufacturers) will not be assumed.
Claims for damages have a statute of limitations of 1 year, unless it is a legal injury, especially in case of injury to life, body or health.
If the event is defective and Michael Baumgardt is responsible for this, Michael Baumgardt shall have the option of repeating the event within a reasonable period of time at no additional cost to the customer or offering the customer a reasonable reduction in the event prices.
The business relationship between the Contractual Partner and Michael Baumgardt shall be governed exclusively by German and European law, even if the Contractual Partner has his place of residence or registered office outside the borders.
Although the Website and Services may contain links to other resources (such as websites, mobile applications, etc.), we do not imply, directly or indirectly, any authorization, affiliation, sponsorship, endorsement, or affiliation with any linked resources, except as expressly stated herein. We assume no responsibility or liability for the actions, products, services, and content of other third parties. Your linking to other external resources is at your own risk.
Changes and additions are only effective in written form. The written form requirement can only be waived in writing. In particular, e-mail and other digital means shall suffice as written form.
The Customer may assign the claims arising from this contract to third parties only by written confirmation from Michael Baumgardt, insofar as this is not described in the scope of §354 a of the German Commercial Code.
In the event of differences between this contract and a translation of this contract, the German version of the contract shall prevail.
Should one or more of these terms and conditions be or become wholly or partially invalid, incomplete or in need of supplementation, this shall not affect the validity of the remaining clauses.
In this case, the parties undertake to agree on a provision that comes as close as possible to what was economically intended. Any loopholes shall be dealt with in the same way.