General Terms And Conditions
General Terms and Conditions
of the 4D CoreSpeed GmbH
§ 1 Scope of the terms and conditions
(1) These general terms and conditions apply without exception to all business transactions with our customers. We do not recognise contrary or deviating terms and conditions of the customer, unless we have beforehand expressly agreed to their validity in writing. These sales terms and conditions also apply, regardless of whether we perform the sale and delivery to the customer without reservation, in the knowledge of the conflicting or deviating terms and conditions of the customer.
(2) These terms and conditions apply to all businesses transactions, regardless of whether they are processed over our online shop, e-mail, fax, letter, telephone, verbally or in any other manner.
(3) The terms and conditions equally apply without further differentiation to all customers, regardless of whether they are consumers or entrepreneurs. Insofar as terms and conditions are only intended to apply to consumers or entrepreneurs, these are expressly referred to as the addressees.
(4) A consumer, for the purposes of these terms and conditions, is pursuant to § 12 of the German Civil Code [BGB], a natural person, who concludes a legal transaction for a purpose that can neither be attributed to a commercial nor independent professional activity.
(5) An entrepreneur, for the purposes of these terms and conditions is pursuant to § 13 of the German Civil Code [BGB], a natural or legal entity or a judicable partnership or a public sector fund that in concluding a legal transaction, acts in exercise of his or its independent trade, business or profession.
(6) Any verbal agreements that deviate from these terms and conditions do not apply. Amendments and supplements to these terms and conditions can only be made in written form by the Managing Directors or by a specifically duly authorised representative.
§ 2 Contract partner
The contract partner of the customer is:
4D CoreSpeed GmbH
Am Graben 1
Managing Directors: Dr. Dr. Homayun Gharavi, Heiko Höhl
The 4D CoreSpeed GmbH is registered in the commercial register of the Local Court Lüneburg under HR 205419.
§ 3 Contract conclusion
(1) The presentation of our products in the online store, catalogues, advertising etc., does not constitute a binding sales offer; the presentation is subject to change and is non-binding.
(2) The customer completes the order process in the online shop, by clicking on the "Buy" button. The customer in so doing submits to us a legally binding offer for the purchase of the ordered product. The receipt of the order is confirmed to the customer, by way of an automatically generated e-mail.
(3) In the case of orders via email, fax or letter, the customer submits to us a legally binding offer, upon the receipt thereof by us. In general, we acknowledge the receipt of the order in writing.
(4) In the case of orders that are placed verbally, the spoken word shall be deemed to constitute the placement of a legally binding offer. We shall thereupon confirm the receipt of the order in writing.
(5) Our order confirmation does not constitute an acceptance of the offer of the customer. A purchase contract is only concluded pursuant to the receipt of our acceptance statement, which is transmitted via a separate e-mail or respectively separate written form as the order confirmation, however at the latest upon delivery of the ordered goods.
(6) The customer is bound by the order for a lock-in period of two weeks. Insofar as we do not send an order confirmation within this lock-in period or ship the goods, no purchase contract shall be deemed to be concluded. The customer's statutory rights are not affected, in particular the right of revocation of consumers (§ 8).
(7) When processing the data entered during the placement of the order, we observe the entire scope of all applicable legal provisions and our data protection statement (http://www.4dpro.de/shop/Privacy).
(8) The contract texts, in the case of the orders placed over the online shop, are stored. After entering all the necessary contract data, the entries are presented to the customer, in a summarised form and can once again be corrected by him, prior to the final placement of the order.
(9) Authoritative for the contract, is the German language, even if the customer or we, may additionally use another language.
§ 4 Place of delivery – Delivery time – Default in delivery
(1) In the case that the customer is a consumer, we deliver from our storage centre to the address, specified by the customer (Place of fulfilment), insofar as this is located in a country of the European Union, Switzerland, Iceland, Liechtenstein or Norway. In the case of entrepreneurs, we deliver ex warehouse (Place of fulfilment).
(2) Insofar as we are temporarily not in the position to deliver the product, due to reasons for which we are not accountable, such as labour strikes or legal lockouts or force majeure that lead to temporary disruptions, in the case of our upstream suppliers or in our business operations, the delivery time shall be accordingly extended for the duration of the disruption. The customer shall be immediately notified about it. Statutory claims of the customer remain unaffected.
(3) Insofar as we are permanently not in the position to deliver the product, due to reasons for which we are not accountable, such as labour strikes or legal lockouts or force majeure that lead to disruptions, which are not only of a temporary nature, in the case of our upstream suppliers or in our business operations, we can withdraw from the contract by giving notice thereof to the customer. In this case, the customer shall be immediately informed that the ordered product is not available and any considerations already paid by the customer in connection therewith, shall be refunded immediately. Statutory claims of the customer remain unaffected.
(4) Our own delivery obligation is subject to a correct and timely self-delivery. We can withdraw from the contract or be waived from our obligation to deliver, insofar as we are ourselves not delivered in time or not delivered correctly by our suppliers, provided we had with due diligence previously completed a congruent hedging transaction. In this case the customer will be informed immediately that the ordered product is not available and any considerations already paid by the customer in connection therewith, shall be refunded immediately. Statutory claims of the customer remain unaffected.
§ 5 Shipping and packaging costs; terms of payment
(1) All prices are quoted in Euro and in each case do not include the applicable statutory sales tax in the Federal Republic of Germany. They are quoted ex works and in each case do not include the packaging costs. Authoritative is the price at time of the placement of the order.
(2) In addition to the offered prices, we charge the following shipping costs:
Shipping costs within Germany, € 6.00 incl. statutory sales tax.
Free shipping for order deliveries with a value of goods of more than € 400 incl. statutory sales tax.
Shipping costs for order deliveries to Switzerland, € 49.90 incl. statutory sales tax
Shipping costs for order deliveries to Austria, Luxembourg, Slovakia, France, Sweden, Denmark, France, Bulgaria, Ireland, Hungary, Greece, Spain, Malta, Cyprus, Portugal, Croatia, Latvia, Czech Republic, Romania, Estonia, Finland, Slovenia, € 22.90 incl. statutory sales tax
Shipping costs for order deliveries to Belgium and the Netherlands, € 17.90 incl. statutory sales tax
Shipping costs for order deliveries to Great Britain and Poland, € 24.90 incl. statutory sales tax
Shipping costs for order deliveries to Lithuania, € 32.90 incl. statutory sales tax
Shipping costs for order deliveries to Norway, USA, Canada, Australia, United Arab Emirates,
up to 10 kg – € 59.90 incl. statutory sales tax, up to 30 kg - € 149.90 incl. statutory sales tax
The shipping costs for other weights as well as to other countries will be communicated to the customer, on request.
(3) Insofar as the customer is an entrepreneur, he has to bear the costs for secondary packaging and transport packaging. The costs will be communicated either in the order confirmation or in advance upon written request. At the request of the entrepreneur, we will take out transport insurance to cover the delivery; any costs arising in this regard shall be borne by the entrepreneur.
(4) A cash discount deduction is only permitted, insofar as this has been separately agreed upon in writing or expressly noted on the invoice issued by us and insofar as the deadline that has been agreed upon or that is respectively stated on the invoice has been observed. A further prerequisite for any cash discount deduction is the regulation of all other old liabilities of over 30 days of the customer, from the business relationship with us.
(5) In the case of online orders, the invoice amount has to be paid, via one of the payment options provided on our website. We accept direct debit from a German bank account of the customer via Heidelpay, prepayment, paypal, creditcard via Heidelpay, Giropay via Heidelpay and Sofortüberweisung via Heidelpay.
§ 6 Offsetting and right of retention
(1) The customer can only offset claims that are legally established or ready for decision and undisputed or acknowledged by us.
(2) The customer can only exercise his right of retention pursuant to § 273 of the German Civil Code [BGB], insofar as his counterclaim is based on the same contractual relationship.
§ 7 Reservation of title
(1) We retain ownership of the ordered goods until full payment of our receivables arising from the purchase contract.
(2) Insofar as the customer is a consumer, he may not dispose over the goods and may also not relinquish these to third parties for use, as long as the goods are still placed under our reservation of title.
(3) Insofar as the customer is an entrepreneur, the reservation of title applies to all outstanding receivables from the current business relationship with this entrepreneur, until the settlement of the receivables arising from the purchase. The reservation of title shall lapse, insofar as the entrepreneur settles all receivables arising from the purchase and furnishes a security for the remaining outstanding receivables arising from the current business relationship.
(4) Insofar as the customer is an entrepreneur, he already as of today assigns all receivables arising from a resale or an agreement on the use of the goods, in the amount of our outstanding receivables.
§ 8 Warranty
(1) Our warranty for defects of the sold goods is granted pursuant to the statutory provisions, unless stipulated otherwise hereinafter.
(2) Insofar as the customer is an entrepreneur, warranty claims are governed by a statute of limitations of 12 months, pursuant to the delivery of the goods. This does not apply to claims arising from §§ 478, 479 of the German Civil Code [BGB] (supplier recourse).
(3) The warranty rights of the entrepreneur, require that the latter has properly complied with his due inspection and complaint obligation, pursuant to § 377 of the German Commercial Code [HGB].
(4) Insofar as a defect in the contractual goods exists, for which we are accountable, our entitlement to at our option, either choose to remedy the defect or arrange for a replacement delivery, shall take precedence over the preferences of the entrepreneur. Insofar as we refuse to provision subsequent performance or insofar as the latter fails within a reasonable period, the contractor is entitled to either cancel the contract or to demand a corresponding reduction of the purchase price.
§ 9 Liability
(1) We assume unlimited liability for damages resulting from injury to life, limb or health, based on a culpable breach of duty on our part, our representatives, employees or vicarious agents.
(2) We also assume unlimited liability for claims pursuant to the product liability law or insofar as a defect was fraudulently concealed or insofar as we have issued a warranty for the quality of the delivered item.
(3) We are also liable for other damages outside of the aforementioned cases, which are based on intentional or grossly negligent breach of duty, or respectively in the case of essential contractual obligations, based on slight negligence on our part, our representatives, employees or vicarious agents. For the purposes of this contract, essential obligations are those obligations whose fulfilment is absolutely conducive for the proper execution of the contract and with regard to which the contract partner, can in principle trust that they will be complied with.
(4) However, in the case of a slightly negligent violation of essential contractual obligations, liability shall be limited to the typical, foreseeable damage.
(5) We are not liable for the slight negligent violation of further obligations, other than those specified in the aforementioned cases.
(6) The above provisions apply to all damage compensation claims, including damage compensation in addition to performance, as well as to damage compensation instead of performance, regardless of the legal grounds, in particular due to defects, breach of duties arising from obligations under the contractual relationship or tort. They also apply to the claim for the reimbursement of futile expenses.
(7) We are not liable for the availability and accessibility of our online shops. We owe in the event of unavailability of the online shops no compensation for damages or lost profits.
(8) A change in the burden of proof to the detriment of the customer is not associated with the foregoing provisions.
§ 10 Further training & other courses
The further training blocks (modules) of the 4D CORESPEED GMBH must be completed individually in ascending order.
10.2. Course fees
The prices for the advertised course units (e.g. per module), are quoted per person including the applicable statutory sales tax. Not included in the course fees are meals and accommodation.
10.3.1. Registration and number of participants
The registration can be done by mail, by email or via the input mask on the 4D CORESPEED GMBH Homepage. Upon receipt, you will receive a confirmation of registration. We apologise for the limited number of participants at our events. This is the only way to ensure our high standard of teaching in your training.
10.3.2. Due date for fees
The payment of the seminar fees is a prerequisite for the successful registration.
10.4. Program changes and cancellations
Please understand that we are compelled, to reserve the right to cancel seminars, for example, in the case of the absence of a lecturer or too few participants. In any case, we will strive to timely notify you about cancellations or necessary changes to the program, in particular the change of lecturers. Insofar as we are compelled to cancel a seminar, we will immediately refund the paid participation fee. Further claims (based on time out from work or respectively from professional practice, travel and accommodation costs) are excluded, except in cases of intentional or grossly negligent conduct of the employees or other vicarious agents of the 4D CORESPEED GMBH.
10.5. Accompanying work documents - Copyright
You will in the case of each seminar, be handed scripts in hard copy or on data carriers. The released documents are protected by copyright and may not - not even in part - be reproduced without the prior consent of the 4D CORESPEED GMBH. The scripts are provisioned by us exclusively for the participants of the respective courses.
10.6. Photo documentation
The 4D CORESPEED GMBH reserves the right, to take photographs and shoot films during the courses that can be used for marketing and communication purposes. This will be explicitly pointed out to you, in the course and you may exclude yourself therefrom, by withholding your written consent.
Participation in our courses takes place at your own risk. The 4D CORESPEED GMBH accepts no liability for any loss, accident or damage to persons or property, regardless of their origin. A corresponding review of the own insurance coverage in this regard is strongly recommended.
The certificates are issued strictly upon due participation in the contents of the course. Missed content, regardless of the scope, accordingly leads to the failure to acquire a certificate. Exceptions do not apply. The 4D CORESPEED GMBH assumes no liability for such failure. Course fees are thereupon also not refunded pro rata.
10.9. Reissuing of certificates after loss
All certificates and documents shall in principle only be issued once in the original. In the case of the engrossment of duplicates of certificates and documents, a fee in the amount of € 15 plus the applicable statutory sales tax, will be charged per copy.
§ 11 Data protection
11.1. All customer data shall be used exclusively for course registration purposes. The processing and storage of data is done in accordance with the provisions of the applicable German Federal Data Protection Act (BDSG) and of the German Teleservices Data Protection Act (TDDSG).
11.2. The customer always has the right to free information, correction and deletion of his stored data. Requests to this end can be submitted by e-email, fax or letter.
11.3. The 4D CORESPEED GMBH uses technical and organisational means to protect the managed customer data against accidental or intentional manipulation, loss, destruction or access thereto by unauthorised persons.
§ 12 Partial ineffectiveness of provisions
Insofar as any provision of these terms and conditions is or becomes ineffective, this shall not affect the effectiveness of all other provisions and agreements.
§ 13 Reporting obligations for entrepreneurs
(1) Insofar as the customer is an entrepreneur, he is obliged to immediately notify us about reported product defects (including defects of user instructions and installation instructions).
(2) In the case of recalls or warnings about product defects by the manufacturer, the importer or by us, the entrepreneur is obliged, to the extent permitted by the data protection law, to place the data of his customers at our disposal, or to himself ensure that the customers are informed in good time about the product warnings or product recalls.
§ 14 Jurisdiction agreement
The place of jurisdiction for all disputes arising from the contract relationship is Hamburg.