AGB
General terms and conditions
§1 Scope and provider
The general terms and conditions (hereinafter referred to as "GTC") govern the contractual relationship between BusinessArt (hereinafter referred to as the supplier) and you (hereinafter referred to as the orderer), in the version valid at the time the contract is concluded.
Any deviating terms and conditions of the ordering party will be rejected. Please read these terms and conditions carefully before using any service provided by BusinessArt.
At BusinessArt we offer the following services: Consulting, Mentoring, Coaching, Consultations and Seminars - online and offline.
§2 Formation of the contract
Contracts on this portal can only be concluded in German.
The purchaser must have reached the age of 18.
The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely invited to make an offer.
By ordering a chargeable service, the registered orderer enters into a contractual relationship with BusinessArt. The user will be informed about the respective chargeable service and payment terms prior to the conclusion of this contractual relationship. The contractual relationship arises when the orderer confirms the order and payment obligations by clicking on the button "Order with costs".
You agree to receive invoices electronically. Electronic invoices will be provided to you by email.
§3 Description of the scope of services
The scope of BusinessArt consists of the following services:
The user can download podcasts, info and other released documents free of charge. BusinessArt does not charge for inquiries via the contact form, e-mail or telephone.
§4 Prices and shipping costs
If the user wishes to use a service for which a charge is made, he will be informed in advance of the charge. In particular, the user will be informed of the respective additional scope of services, the costs incurred and the method of payment.
The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for periods of use, as well as to offer different scopes of services.
§5 Terms of payment
Any fee due is to be paid to BusinessArt in advance, at the time it is due, without deduction.
Certain payment methods may be excluded by the provider in individual cases.
The Customer is not allowed to pay for the service by sending cash or checks.
Should the Purchaser choose an online payment method, the Purchaser thereby authorizes the Provider to collect the amounts due at the time of the order.
If the Provider offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Provider's account within five calendar days after receipt of the order. If the Provider offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Provider to collect the amounts due.
If the Provider offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Provider a SEPA basic mandate. If the payment by direct debit is reversed due to lack of funds in the account or due to incorrectly transmitted data of the bank account, the customer shall bear the costs.
If the customer is in default of payment, the provider reserves the right to claim damages for default.
The settlement can be made via the following means of payment:
Prepayment
§6 Registration and termination
Furthermore, the Customer declares that he and, to the best of his knowledge, no member of his household has been convicted of an intentional criminal offense that endangers the safety of third parties, in particular not of a criminal offense against sexual self-determination (§§174 ff. StGB), a criminal offense against life (§§211 ff. StGB), a crime against physical integrity (§§223 ff. StGB), a crime against personal freedom (§§232 ff. StGB) or for theft and embezzlement (§§242 ff. StGB) or robbery and extortion (§§249 ff. StGB) or for drug abuse.
If the user has registered for a paid service, he may terminate the contract no later than 14 days before the booking period. If this deadline is not met, the paid service will be extended by this period depending on the selected booking period and the cancellation will only take effect at the end of the following booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. So that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be indicated.
BusinessArt may terminate the contract at its sole discretion, with or without notice and without cause, at any time. BusinessArt further reserves the right to remove profiles and/or any content that has become public on the website by or from the user. In the event that BusinessArt terminates the user's registration and/or removes profiles or published content of the user, BusinessArt shall have no obligation to notify the user thereof nor the reason for such termination or removal.
Following any termination of any individual use of the BusinessArt service, BusinessArt reserves the right to send notice of such termination to other registered users with whom BusinessArt believes the user has been in contact. BusinessArt's decision to terminate the user's registration and/or notify other users with whom BusinessArt believes the user has been in contact does not imply or state that BusinessArt is making any statements about the user's individual character, general reputation, personal characteristics or lifestyle.
Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such information may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
If a user's access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user shall pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
After termination of the contractual relationship, all data of the user will be deleted by BusinessArt.
§7 Limitation of liability (services)
BusinessArt assumes no responsibility for the content and accuracy of the information contained in the purchaser's registration and profile data, as well as other content generated by purchasers.
With regard to the service sought or offered, the contract is concluded exclusively between the respective participating orderers. Therefore, BusinessArt is not liable for its services of the participating orderers. Accordingly, all matters relating to the relationship between the ordering parties, including - and without exception - services received by a searcher or payments due to the ordering party, are to be addressed directly to the respective party. BusinessArt cannot be held responsible for and hereby expressly disclaims all liability of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or undisclosed, in any manner whatsoever in connection with said matters.
BusinessArt is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by BusinessArt or an intentional or negligent breach of duty by a legal representative or vicarious agent of BusinessArt.
BusinessArt is only liable for other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which make the proper execution of the contract possible in the first place and on the compliance with which the contractual partner may regularly rely), if they are based on an intentional or grossly negligent violation of obligations by BusinessArt or on an intentional or grossly negligent violation of obligations by a legal representative or vicarious agent of BusinessArt.
The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they shall amount to a maximum of 5% of the order value.
Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after one year, with the statute of limitations commencing at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence (Section 199 (1) of the German Civil Code).
The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
§8 Set-off and right of retention
The Purchaser shall only have the right to offset if the Purchaser's counterclaim has been legally established or has not been disputed by the Vendor.
The customer may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§9 Cancellation policy
If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period for services is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must:
BusinessArt
Linzer street 10
53572 Unkel
Germany
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequence of revocation: If you revoke this contract, we shall reimburse you for all payments we have received from you without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you originally used in the transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Exceptions to the right of revocation: The right of revocation does not exist or expires in the case of services if BusinessArt has provided these in full and you have noted and expressly agreed before placing the order that we can begin providing the service and you lose your right of revocation upon complete fulfillment of the contract.
§10 Data protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
The use of our website is generally possible without providing personal data. Insofar as personal data (for example name, address or e-mail addresses) is collected on our pages, this is always done, as far as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent.
We point out that data transmission over the Internet (eg communication by e-mail) security gaps. A complete protection of the data against access by third parties is not possible.
Privacy policy for the use of Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Cookies
The Internet pages partly use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.
Most of the cookies we use are so-called "session cookies". They are automatically deleted after the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies allow us to recognize your browser on your next visit. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.
Contact form
If you send us inquiries via the contact form, your data from the inquiry form including the contact data you provided there will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.
§11 Final provisions
Contract language is German.
We do not offer products or services for purchase by minors. If you are under 18, you may only make purchases with the involvement of a parent or guardian.
We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these GTC at any time. Your order will be governed by the terms of sale, terms of agreement and terms and conditions in effect at the time you place your order, unless a change to these terms is required by law or governmental regulation (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The invalidity of a provision shall not affect the validity of the other provisions from the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.