General terms and conditions

General Terms and Conditions

 Universität Mannheim Service und Marketing GmbH

Update: 15 June 2011

 1. General

All provided services are exclusively on the basis of these General Terms and Conditions.

The General Terms and Conditions of our customers and suppliers do not apply and are invalid in this connection.

 All ancillary agreements before and at the conclusion of the contract need to be confirmed by us in writing in order to be effective.

 2. Offers and Conclusion of Contract

Offers by “Universität Mannheim Service und Marketing GmbH” can be revoked by us at any time before the delivery of the service.

 Offers and orders by our customers are accepted by us via written confirmation of order or the delivery of the ordered services. The period begins with the receipt of the order.

 Details and information given in catalogues, brochures, advertisements, Internet pages, and other publications of “Universität Mannheim Service und Marketing GmbH” are not binding.

 A transfer of rights and obligations of the buyer from the contract for sale requires the written approval by “Universität Mannheim Service und Marketing GmbH”.

 3. Courses and Seminars

The number of places in our courses is limited. For this reason, please sign up as early as possible.

The choosing of courses and seminars is the responsibility of the participant. For this reason, please note the prerequisites given for the course in question.

In the event that a course or seminar is cancelled due to illness of the instructor, an act of God, or other occurrences beyond our control, you are not entitled to the course or seminar being carried out.

It goes without saying that we will notify you immediately in the event that a course or seminar is cancelled and that we will inform you about a new date.

All fees stated in the offers are for one person – plus the statutory sale tax for courses and seminars of “Universität Mannheim Service und Marketing - Akademie”.

Fees are to be paid when signing up, either in cash or via electronic cash (we accept EC-Cash as well as credit cards by Visa, American Express, and Eurocard/Master Charge).

 Fees can also be paid via bank transfer within 7 business days after signing up.

Should you prefer to issue us a direct debit authorization, we have the right to collect the fee immediately.

                                                              

Discount deductions for services performed within the framework of our courses and seminars cannot be accepted.

 

Should you not be able to take part in a course or seminar that you have signed up for, please notify us at the latest one week before the start of the course or seminar.

 

Cancelling your participation at a later time, or not showing up for a course or seminar, will result in your being charged in full for the fee. You are not entitled to a voucher in such a case. These terms do not apply if the participant provides another participant to take his or her place.

 

If the course as such is cancelled, or if the participant cancels for compelling reasons (e.g. due to illness, confirmed by a doctor’s certificate), the course fee will be reimbursed.

 4. Prices and Terms of Payment

Our prices are inclusive of the value-added tax (VAT) currently valid in the Federal Republic of Germany <//span><//span>however without packaging, shipping and transport costs. 

Setoffs are only permissible with uncontested or legally valid counterclaims.  The buyer has no right of retention on the grounds of disputed counterclaims or counterclaims from another contractual relationship.

                               

Irrespective of terms to the contrary on the part of the buyer, we are entitled to set off his or her payments first with older debts, then with already incurred costs (if applicable), then with interest debts, and finally with the principal claim.

 

5. Delay in Performance, Compensation, Reservation of Self-Supply

In the event of non-performance on the grounds of acts of God or as a result of labour disputes, intervention through public authorities, interruption of operation, problems with the procurement of materials and supply of energy, or other unforeseen extraordinary circumstances beyond our control, irrespective of whether these circumstances occurred within our area of responsibility or within that of our subcontractors, the delivery time will be extended by the time period of the delay. Exempted from this are cases in which we have entered into our commitments despite the foreseeability of these circumstances, or have not taken possible or reasonable measures to prevent or avert the non-performance, or in which the non-performance has actually been caused by us. In accordance with the above-mentioned terms, the named circumstances are also not within our responsibility if they occur during an already existing delay. We can only refer to these terms if we have informed the customer about the occurrence and the expected duration of such non-performance without delay.

 In the event of an impossibility of performance on the part of our suppliers, we have the right to cancel our contract within three (3) days after ordering

 In the event that a customer should suffer a loss as a result of a delay for which we are responsible, he or she is entitled to compensation. The amount of loss is limited to one (1) per cent of the contract value per full week of the delay – individual days are a fraction thereof – up to a maximum of ten (10) per cent of the contract value. Not affected by this are our liabilities according to Section 10 of these Terms of Sales and Delivery.

 

In the event that the customer does not provide us with the performance he or she is required to provide, or if he or she does not provide us with necessary information in the required time, the stipulated delivery time is extended accordingly.

 In the event that the customer should default, we have the option to charge interest on arrears to the amount of the bank interest charged to us, or to the amount of five (5) per cent above the relevant base interest rate. Unaffected by this is the right of the customer to pay a lower interest on arrears, provided he or she can establish proof of a lower burden.

 Should we be entitled to compensation on the grounds of the customer’s non-acceptance of the service, we can charge the customer ten (10) per cent of the contract value as compensation. Unaffected by this is the right of the customer to establish proof of a lower loss.

 

10. Data Protection

The buyer agrees that his or her personal data will be stored and processed in compliance with the German Federal Data Protection Act (Bundesdatenschutzgesetz) for the purpose of carrying out the terms of the contract.

11. Reproduction Clause

All rights to course and seminar material or parts thereof, including their translation, reprint and duplicating, lie with “Universität Mannheim Service und Marketing GmbH”. 

13. Place of Jurisdiction and Fulfilment

The laws of the Federal Republic of Germany are relevant for these General Terms and Conditions and all legal relations between us and the customer. The application of the uniform International Sales Law (EKG and EAG) as well as the uniform UN Convention on the International Sale of Goods (CISG) is excluded. The place of jurisdiction is Mannheim, Germany, for customers who are traders within the meaning of the German Commercial Code (Handelsgesetzbuch).