Our General Terms and Conditions apply to our clients who are not consumers within the meaning of §13 BGB (German Civil Code). All deliveries and services on our part are subject to the following terms and conditions.
We do not recognise conflicting terms and conditions of our contractual partners, even if we execute orders without first expressly contradicting these terms and conditions. Our terms and conditions shall be deemed to have been accepted by the contractual partner by placing an order or accepting the services or goods. They shall also apply to all future business relations without the need for a renewed express agreement.
§2 Offers and conclusion of contract
All our offers are subject to change without notice, unless the offer expressly states otherwise. A written or telex order confirmation is required for the effective conclusion of the contract. This is replaced by delivery/service provision and/or invoicing.
Collateral agreements and other deviations from the text of the contract or our terms and conditions of business must be in writing. This also applies to the waiver of the formal requirement. Lecture contents, drawings, illustrations, dimensions, weights or other performance data, especially in brochures or documents provided to the client, are only binding if this is expressly agreed in writing in the order. Such information does not constitute a guarantee of any properties. Our consulting and testing services, lectures, websites, training materials, etc. are constantly being improved. This may result in deviations in the consulting and auditing services, lectures, websites, training materials, etc. provided compared to what was ordered. Provided that the deviations do not restrict the usability or applicability for the client, they are permissible and shall be deemed to be contractual performance.
§3 Postponement of lectures and other services
After consultation with the contractor, the client may postpone dates up to 12 weeks before the start of the event. These alternative dates can be up to 8 months after the agreed date. If a lecturer / consultant is unable to attend a planned event / lecture due to illness, accident, natural disasters, traffic-related delays or other circumstances beyond our control, the contractor can provide a competent replacement. If no competent replacement is available, the event will be postponed to the next possible date. The client is not entitled to reimbursement of costs for a postponement of the date or reduction of the order value due to the aforementioned events.
Cancellations can only be made free of charge up to 6 months prior to the event after written confirmation of the order. For later cancellations, the client shall pay the full event price and any travel costs and expenses incurred.
Cancellations cannot be made free of charge due to bad weather, cancellation of another speaker/consultant/artist, lack of visitor interest or similar reasons.
§5 Terms of payment
Our deliveries are payable immediately after receipt of invoice, without deduction. Deviating agreements regarding due date and deductions must be made in writing. Offsetting against counterclaims is only permissible if we acknowledge the counterclaim or if it has been legally established. The contractual partner waives the assertion of a right of retention from earlier or other transactions of the business relationship with us. If the contractual partner is in default of payment, we are entitled to charge interest on arrears at a rate of 2% above the respective discount rate of the Deutsche Bundesbank. The proof of a higher or lower damage caused by default is not excluded.
By placing the order, the client grants 8com the right to name the client as reference. For the naming of the reference, 8com may expressly use the name of the client, his/her company logo and the name of the contact person. The naming as a reference is only not permitted if the client has agreed to this with 8com in writing in the terms and conditions of the order. No confidential details about the order between the client and 8com may not be mentioned for the reference, unless this has been expressly permitted by the client.
We shall only be liable for damage caused by us or one of our vicarious agents through gross negligence or intent, unless it concerns warranted characteristics. We shall not be liable for consequential damages, in particular from the point of view of positive breach of contract, unless the damage falls within the scope of a warranted characteristic. We shall not be liable for damages which we could not foresee or which are within the area of responsibility of the contractual partner. The above liability regulation applies to both contractual and non-contractual claims. We cannot guarantee the actual success of the educational and sensitization measures we have carried out. Our liability under the Product Liability Act remains unaffected.
The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the uniform laws on sales. Ludwigshafen am Rhein is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. If one of the above terms and conditions is invalid, the validity of the remaining terms and conditions shall remain unaffected. The ineffective clause will then be replaced by mutual agreement by another clause which comes closest to the ineffective clause in its economic and intentional sense.
§9 Applicable law and place of jurisdiction
The place of performance and jurisdiction for all legal disputes is Neustadt an der Weinstrasse, as far as legally permissible. If the client is a merchant, the place of jurisdiction is Neustadt an der Weinstrasse. For all present and future claims arising from the business relationship with registered traders, including claims from bills of exchange and cheques, the exclusive place of jurisdiction is the registered office of 8com GmbH & Co. KG. The law of the Federal Republic of Germany applies.
Neustadt an der Weinstrasse, 05.01.2017