GENERAL TERMS AND CONDITIONS of UMS CONSULTING GMBH & CO. KG
Managing Directors: Sabine von Hanstein, Stephan Lunau, Olin Roenpage,
Hanauer Landstr. 291 B, 60314 Frankfurt / M.
for services offered in the online shop of UMS Academy
(www.umsacademy.com)
Status September 2021
1. Scope of application
2. Exclusive validity of the GTC
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Our product range
6.1 Classroom events and virtual events
6.2 e-Learning
6.3 Account/access data
6.4 Cancellation (withdrawal)/rebooking by Customer
6.5 Changes of programme and cancellation by UMSS
6.6 Confirmation of attendance/certificate/badges
6.7 Training documents
6.8 Library
7. Retention of title and copyrights
8. Payment modalities
9. Offsetting and rights of retention
10. Warranty and guarantees
11. Liability
12. Data protection
13. Final provisions
1. Scope of application
1.1 The following General Terms and Conditions (GTC) apply to the provision of services and the delivery of goods ordered by the customer from our online shop at www.umsacademy.com. Orders can be placed via our online shop, but can also be placed by telephone, post or e-mail.
1.2 Our offers are directed exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their trade, business or profession.
2. Exclusive validity of the GTC
The following General Terms and Conditions shall apply exclusively to the business relationship between us and the customer. Contractual terms and conditions of the customer shall not apply even if we have not expressly objected to them upon conclusion of the contract.
3. Ordering process and conclusion of contract
3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but merely an invitation to the customer to place an order. Performance descriptions do not have the character of an assurance or guarantee. Errors and omissions excepted.
3.2 The customer can select products without obligation and collect them in the shopping basket by clicking the “add to basket” button. In the shopping basket, the customer can change the product selection at any time, e.g. change the quantity or delete individual or all products. Once the product selection is complete, the customer clicks on the “Proceed to checkout” button to reach the final order page. There, the products and other data of the order are displayed once again in an overview.
3.3. Only when the customer has accepted the validity of our General Terms and Conditions by confirming the corresponding field and has clicked on the button “order now”, does the customer place a binding order to purchase the products displayed on the order page. Before submitting the order, the customer can view and change the order data at any time, go back to the shopping basket using the browser function “back” or cancel the order process in total.
3.4 Information that is mandatory for processing the order is marked with an asterisk (*).
3.5 After sending the order via the online shop, the customer receives an automatic confirmation of receipt by e-mail in which the details of the customer’s order are listed again (confirmation of receipt). This automatic confirmation of receipt does not constitute acceptance of the order, but merely documents that the order has been received by us.
3.6 A contract for ordered goods or booked events is only concluded when we expressly accept and confirm the order by separate e-mail or post (order confirmation) or send the customer the ordered goods within 14 days.
3.7 If the customer places an order with us for the first time, he will receive an e-mail with a link to our learning management system (LMS), in which he can register, specify access data and view booked products and received badges (electronic certificates). If the customer orders further products in the online shop, these products will be assigned to the customer’s account and can be accessed via the LMS.
3.8 In the case of orders concerning electronic content that we make available online for self-study (e.g. e-learning content), a contract is concluded as soon as we have sent the customer the link to our LMS. If the customer orders electronic content via an existing account, the contract is already concluded with the order. Acceptance by us is not required.
3.9 Individual offers: We also prepare individual offers for our training events on request. In this case, a contract is concluded when the customer orders the services with reference to our individually prepared offer and we confirm the order to the customer by e-mail or post.
3.10 Individual products such as books are sometimes not sold through us but through the online shop of other providers (e.g. springer.com). In this respect, our shop only links to the shop of the seller. In this case, the General Terms and Conditions of the seller shall apply exclusively to the purchase.
3.11 The text of the contract is not stored by us and can no longer be retrieved after the order process has been completed. However, the customer can print out the order confirmation in which all order data are listed.
4. Prices and shipping costs
4.1. All prices stated on our shop page are exclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, shipping costs may be incurred for the delivery of goods. These shipping costs will be displayed during the order process.
4.3 In the case of face-to-face events, the price includes catering for the participants during the training times, room hire, technical equipment for the training rooms and training documents. The price does not include travel and accommodation costs or catering costs outside the training times. Any deviating provisions within the scope of the respective product description of the event remain unaffected.
5. Delivery, availability of goods
5.1 If advance payment has been agreed, the goods will be delivered after receipt of the invoiced amount.
5.2 Deliveries of goods shall be made ex warehouse of our supplier.
5.3 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) within the respective product description or by a separate notice within the order process.
6. Our product range
The customer can book face-to-face events and virtual events (i.e. online trainings and seminars) via our online shop, but also activate e-learning content for self-study, get access to our library or buy goods (e.g. books).
6.1 Classroom events and virtual events
a) Face-to-face events take place on the dates indicated. The place of the event is specified in the product description.
b) Some events can be booked exclusively or alternatively as virtual events. To attend certain events participants may have to fulfil specific prerequisites in order. A certification, which can be acquired upon participation in an event, can also be linked to certain requirements. These requirements are listed in the respective product description.
c) For virtual events, we provide a stream via a provider selected by us at the specified time. The customer is responsible for ensuring that the hardware and software required for reception is available at the customer’s premises, that sufficient transmission speed is available and that the stream can be received by all registered participants. We will provide information on the technical requirements on request.
6.2 e-Learning
When booking an e-learning product, the customer is provided with the described content via our platform for self-study. Each registered participant of the customer receives a personal access from us. The use of the e-learning software is limited to the number of participants registered by the customer and to a certain period of time (usually: 3 months). Passing on the access data to third parties is not permitted.
6.3 Account/access data
After conclusion of the contract, the customer receives a link to our LMS, where every registered employee of the customer can register and define access data for his account. The customer receives access to booked services via this account. The customer must ensure that the access data to the account are treated confidentially by the employees and are not passed on to third parties. We reserve the right to block access if we have reasonable suspicion that access data is being used in breach of contract. We shall not be liable for damages resulting from misuse or careless handling of the access data by the customer or his employees, unless we are at fault.
6.4 Cancellation (withdrawal)/rebooking by Customer
a) As an entrepreneur, the customer is not entitled to a statutory right of withdrawal.
b) However, in the case of events, the customer has the option of cancelling his order with us in writing or by e-mail even after the contract has been concluded, without giving reasons, and of withdrawing from the contract.
In the event of a withdrawal, we shall charge the customer the following withdrawal fees – depending on the time of receipt of the declaration of withdrawal by us:
Upon receipt of the declaration of withdrawal:
- Cancellation is free of charge up to 6 weeks before the start of the event.
- less than six up to four weeks: 50%
- less than four to two weeks: 75%,
- less than two weeks: 100%
in each case from the agreed price (participation fee excluding VAT).
c) If some or all of the participants registered by the customer do not show up for the event (without prior cancellation), then 100% of the agreed participation fee is payable.
d) Alternatively, it is possible to rebook for another event. The rebooking must be made by e-mail no later than 2 weeks before the start of the originally booked event. A rebooking can only be made for our next event on the corresponding topic. Repeated rebooking is not possible. There will be no refund or credit in the event that the participation fee for the new event is lower than for the originally booked event. However, we reserve the right to charge a difference if the participation fee for the new event is higher than for the originally booked event.
e) As an alternative to rebooking, a substitute participant to be named by the customer in advance may also take part in the event. However, the customer remains responsible for the payment of the participation fee.
f) In the case of e-learning offers, cancellation is not possible free of charge. In this case, full payment must be made even if the customer does not take up the e-learning offer.
g) The customer’s statutory rights, including those to withdraw from the contract and to terminate the contract without notice, shall remain unaffected.
6.5 Changes of programme and cancellation by UMS
1. Please understand that we reserve the right to cancel a booked event if the minimum number of participants is not reached 14 days before the event at the latest or if the trainer falls ill at short notice. We will inform the customer of cancellations and necessary changes as early as possible. In the event of cancellation, any participation fees paid will be refunded immediately. Further claims are excluded, except in cases of intentional or grossly negligent behaviour on the part of the organiser, its employees or other vicarious agents.
2. In exceptional cases, there may be changes to the programme. We reserve the right to make such changes, provided that the overall character of the event is maintained. Changes of trainers, insignificant changes in the course of the event or a reasonable change of venue do not entitle the customer to a price reduction or to withdraw from the contract.
6.6 Confirmation of attendance/certificate/badges
1. After the event, the customer shall be sent appropriate confirmations of attendance/certificates for the participants if this has been specified in the product description of the event and selected by the customer, and insofar as the specified certification criteria have been met. We reserve the right to withhold any certificates until full payment of the participation fees for the event in question.
2. Certificates can also be issued as electronic certificates (so-called badges). Further information on these badges is available on our website. There you will also find information on further requirements for the issuing of badges. Participants can view the badges they have acquired in their account.
6.7 Training documents
Insofar as stated in the respective product description, training and course documents shall be made available to the participants before or at the beginning of the event. The participant can view and download these via his account. At the customer’s request, however, documents can also be sent in paper form. Separate costs may be incurred for this.
6.8 Library
The customer can also register for access to the UMS library. This gives him or the users registered by him access to the contents deposited in the library. The user may use this for the purpose of his own further education in accordance with the terms of use of the UMS library and section 7.2 below. The library contains texts and other content on the education topics offered by us. We reserve the right to update and expand the content of the library at any time at our own discretion, but also to remove individual works. The customer has no claim to a specific stock of works.
7.Retention of title and copyrights
7.1 We retain title to goods sold until the purchase price for the goods and all other goods from the same order have been paid in full.
7.2 UMS Consulting GmbH & CO KG or other third parties hold copyrights to the contents of the books sold by us, to training and education documents and to other contents of our events and e-learning products, but also to the UMS library. All content is provided exclusively for the purpose of training our customers and the employees registered by the customer. We provide training documents and scripts exclusively to the participants of our events. They may not be passed on to third parties without our prior written consent. Further rights are not granted. In particular, use for the customer`s own training events or those of a third party is not permitted. Any duplication, distribution, making available to the public, processing or other use of our contents in breach of contract violates our copyrights and is expressly prohibited, unless otherwise stated in the respective product description. Rights of the customer that cannot be excluded under the German Copyright Act (UrhG) remain unaffected.
8. Payment modalities
8.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available means of payment on a separate information page during the ordering process.
8.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the invoice (for goods orders: and receipt of the goods). If an event is booked, the participation fee must be paid on the day of the event at the latest, irrespective of this. For all payment methods other than invoice, payment shall be made in advance without deduction.
8.3 If third-party providers are commissioned with the payment processing, e.g. Paypal, then their General Terms and Conditions shall apply, to which separate reference is made.
8.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.
8.5 The customer’s obligation to pay default interest does not preclude us from claiming further damages for default.
9. Offsetting and rights of retention
The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by us. The customer may only exercise a right of retention if the claims result from the same order.
10. Warranty and guarantees
10.1 The warranty for purchase contracts is determined by the statutory provisions of §§ 437 ff. BGB (German Civil Code), unless otherwise stipulated below.
10.2 The warranty period for delivered goods is 1 year from delivery.
10.3 We use common transmission formats for our virtual events. However, we ask for your understanding that we cannot guarantee trouble-free transmission. For example, we have only a very limited influence on the interference-free transmission of the signal. We are not liable for disturbances or interruptions of the events which are not within our sphere of influence, e.g. disturbances of the line network or disturbances in the Internet. For his part, the customer must ensure interference-free reception. He shall install suitable hardware and software and ensure sufficient connection speed. If a longer interruption occurs during an event, or if an event is cancelled due to connection problems for which the customer is not responsible, we shall make up the event as soon as possible. If the event cannot be made up, we will refund the participation fee. The customer shall have no further claims. The regulations in section 11 remain unaffected by this.
10.4 We try to provide permanent (365 days, 24h) access to the UMS Library. However, we expressly do not guarantee availability at all times. In particular, access may be temporarily restricted for technical reasons, for example due to necessary maintenance and repair work.
11. Liability
11.1 We shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
11.2 Furthermore, we shall be liable for the slightly negligent breach of essential contractual obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, we shall only be liable for the damage foreseeable at the time of conclusion of the contract and typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.
11.3 The limitations of liability in clause 11.2 shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11.4 Insofar as liability is excluded or limited in accordance with the above provisions, this shall also apply to the personal liability of employees, representatives and vicarious agents.
12. Data protection
The personal data voluntarily provided by the customer as part of the order will be stored by us and used exclusively to provide the service ordered. Further information on the use of personal data can be found in our data protection declaration (LINK).
13.Final provisions
13.1 The place of jurisdiction and performance shall be Frankfurt am Main if the customer is a merchant, a legal entity under public law or a special fund under public law.
13.2 The contractual language is – depending on the customer’s choice – English or German.
13.3 Should one or more of the above provisions be or become invalid, this shall not affect the validity of the General Terms and Conditions and the contract as a whole.
Frankfurt am Main im September 2021