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TRIZ Consulting Group GmbH Terms and Conditions of Service
I. General terms and conditions:
These terms and conditions govern the sale of products by TRIZ Consulting Group GmbH (henceforth: Us, Our, We) and form the basis of any sales contract between Us and the customer (henceforth: You, Your). Contracts are subject to whatever version of these terms and conditions is in force at the time the contract is closed, in each case.
1. Contracts:
None of the product offers advertised by Us on Our website or through any other advertising media constitute a binding contractual offer capable of acceptance by You, but instead constitute an invitation to interested parties wishing to book or order the advertised products to request these from Us. However, Your booking request or order does constitute a binding contractual offer that We may accept at Our discretion. Your booking or order can be submitted to Us through Our website, by email, or by standard mail, and always constitutes a binding contractual offer by You. Your booking or order will result in a legally binding contract when accepted by Us in writing, either by standard mail or by email.
Bookings by or for residents of foreign countries and by or for foreign businesses can only be accepted by prior agreement.
You will be required to provide Us with all the necessary information for the purpose of the contract, in particular, Your first and last name, Your address, and Your email address, as well as the names and addresses of any participants You wish to book a service for. You are obliged to provide the required information in full and truthfully.
2. Fees and payment:
Fees for events are payable no later than 2 weeks before the date the event starts. At Our discretion, You can also register for an event within the 2 weeks leading up to it, in which case, the fees are payable immediately on acceptance of Your booking, or, at the very latest, on the 1st day of the event. Delayed payments will incur an additional penalty charge of € 5.00 in each case, notwithstanding any further claims for costs and damages We may be entitled to under law. Exceptions to this provision require the prior written consent of the event organizer.
When ordering tangible products (henceforth: Merchandise), the purchase price must be paid before shipping. In any event, payment is due within 2 weeks of receipt of the invoice.
The prices of Our product offers are those published on Our website or other advertising media, plus shipping and handling charges as stated in each case, and are subject to the VAT rate in Our country of residence, if applicable.
Special offers available on Our website or other advertising media only apply for bookings or orders made using those channels.
Vouchers can only be redeemed if submitted with Your booking or order and subscription numbers must be communicated with Your booking or order.
We accept payment by Paypal or by bank transfer on receipt of invoice. Insofar as We may be expected to act on trust, We reserve the right to safeguard Our rightful interests by verifying Your credit rating with SCHUFA, Creditreform, or similar agencies. Notwithstanding this, Your own rightful interests are upheld in accordance with the law in Germany.
3. Right to refuse admission:
Insofar as the payment of the requisite fee according to item 2. remains outstanding on the due date, We reserve the right to refuse You or Your participants admission to the booked event without surrendering Our claim to payment of the booked product by You as per contract. Moreover, the event organizer (TRIZ Consulting Group GmbH) has the right to withhold certificates of participation as well as TRIZ proficiency level certificates and proficiency level test documents and results from You until such time as Your payment obligation has been met in full. Further claims against TRIZ Consulting Group GmbH will not be considered.
4. Work materials (papers, books, and tools), intellectual property and copyright:
a. The organizer distributes work materials for use by the participants of an event on location.
An additional fixed cost of € 15.00 is payable in each case for forwarding such work materials, for example, in the event of failure of a participant to attend a booked event.
b. Intellectual property and copyright:
Our work materials and Our website(s), including any logos and other products connected with them, are Our intellectual property and protected as such. No content, either in full or in part, must be copied, reproduced, edited, modified, supplemented, or otherwise exploited without first obtaining the explicit and specific consent of TRIZ Consulting Group GmbH in each case.
c. We accept no liability for the content of any lectures or work materials provided as part of Our services, except in cases of willful intent or gross negligence on Our part or on the part of Our agents.
II. Event bookings:
1. Booking:
Events (seminars, in-house training courses, workshops, and projects) are booked as described under I.1. above.
2. Cancellations, withdrawal from contract, requirement of written form:
a. TRIZ Consulting Group GmbH must be notified of each cancellation of a booking or withdrawal from the contract in accordance with the requirement of written form as defined under § 126 BGB in German law (emails are acceptable). Participants of an event are not entitled to have their bookings transferred to another event in lieu.
b. Cancellations by the contractual partner are free of charge up to 4 weeks before the start date of the event.
c. Cancellations made 2 to 4 weeks before the start date of the event will incur a compensation fee amounting to 50 % of the charge in each case (this always applies to cancellations for events outside Germany, up to 4 weeks before the start date of the event).
d. Transferral:
You can name a substitute person to attend a booked event in Your stead at any time, if You are unable to attend Yourself as planned, but only for the entire event. However, the contract itself is non-transferable, so this does not release You from Your obligation to pay for the booked service as per contract. Your substitute will not be billed by Us.
e. Cancellations made less than 2 weeks before the start date of the event (less than 4 weeks for events outside Germany) will not release You from Your obligation to pay the full fee for the booked event, as per contract.
f. Further rights of cancellation or withdrawal from or termination of the event contract by You or Your participants for any reason will not be considered.
g. A cancellation is legally binding in each case. If permitted, attendance at an event after cancellation will incur a further administration fee of € 25.00, in addition to the full charge for the event, in each case.
3. Right of cancellation by TRIZ Consulting Group GmbH:
a. We guarantee that Our events will take place as planned provided a confirmed booking exists for at least 5 participants (minimum requirement). If the minimum number of participants is not reached, or if the number of booked participants falls below the minimum requirement due to cancellation, We reserve the right to cancel or re-schedule the event up to 2 weeks before the start date. Fees paid before cancellation will be refunded.
b. Further claims by You will not be considered.
c. If Our lecturers, moderators, or trainers cancel at short notice, or if the event is otherwise compromised due to circumstances beyond Our control, We reserve the right to appoint a suitably qualified replacement in each case and relocate or re-schedule the event as necessary. No further claims by You will be considered.
4. Training courses with certificates of participation and TRIZ proficiency level certificates:
a. Certificates of participation will be issued at the end of the training course.
b. TRIZ proficiency level certificates according to the international MATRIZ standard can be requested by participants who have passed the appropriate examinations and will be forwarded to them by standard mail.
III. Merchandise orders:
1. Ordering:
Orders are placed as described under I.1. above.
2. Shipment:
Merchandise purchase prices are inclusive of shipping to destinations within the European Union; for destinations outside the European Union, We charge a fixed cost of € 15.00 (plus VAT) per shipment. As a rule, Merchandise will be packed and shipped within 3 working days of receipt of Your order. Please notify Us without delay of any visible transport damage to Your Merchandise on receipt. Merchandise can be returned within 14 days after receipt by You, at Your own expense and risk. Shrink-wrapped Merchandise and/or Merchandise in sealed packaging can only be returned if the shrink wrap or packaging seals are intact.
3. Printed copies of course papers and scripts:
Unless otherwise stated, the date of issue is the start date of the event.
4. CD copies of course papers and scripts:
Unless otherwise stated, the date of issue is the start date of the event.
5. Seminar videos on portable media, audio CDs:
The date of issue is expressly stated. The technical requirements for producing the above portable media (flash drives, DVDs, or CDs) must be coordinated and agreed with Us beforehand. If You are unable to use the portable media for technical reasons or other reasons beyond Our control, this does not entitle You to a reduction or reimbursement of the agreed fees. Updates of seminar videos are not part of the contract, but can be ordered separately if required as they become available.
6. Ownership:
TRIZ Consulting Group GmbH retains ownership of all delivered products until payment for these products has been made in full.
7. Consumer’s right to revoke orders:
You have the right to revoke Your order and withdraw from the contract by written notice (letter, fax, email) within 14 days without giving any reason for doing so. The period starts on the date when You acknowledge this instruction, but not before the ordered products have been delivered. The date of dispatch of the revocation notice or date of return shipment of the purchased products shall suffice to ensure compliance with the above-mentioned revocation period.
Please address Your revocation notice to:
TRIZ Consulting Group GmbH
Großalbershof 13
92237 Sulzbach-Rosenberg
Germany
An effective revocation requires that both contractual parties return any services received from the other. If You are unable to return any service received from Us in full, or only in a deteriorated condition, You are obliged to provide monetary compensation to Us for the value lost. In the case of Merchandise, this does not apply insofar as the “deteriorated condition” of the Merchandise is solely due to normal and circumspect handling and examination by You – as would be permitted in a conventional retail store, for example. In all other respects, You can avoid any deterioration in the condition of the Merchandise entirely, and, hence, any resultant claims for compensation by Us, by not putting the Merchandise to use, even as intended, as if it were Your own property, and by otherwise avoiding any treatment of the Merchandise that could be detrimental to its value. The cost of the return shipment must be borne by You if the delivered Merchandise is as ordered and the price of the returned Merchandise does not exceed € 40.00, but also if the price of the returned Merchandise is higher, in the event that You have not already made payment for the Merchandise in full, or at least to the extent agreed in the contract, at the time You revoke Your order. In all other cases, the return shipment is free of charge for You. You have no right of revocation even under the German laws governing distance contracts for orders of Merchandise personalized, customized, or otherwise expressly produced for You to Your specifications.
IV. Data privacy policy:
We assure You that We take the protection of any personal information You submit to Us very seriously. Your personal information is protected in accordance with the laws on data privacy that apply in Germany, regardless of Your country of location.
1. Designated responsible office:
The designated office responsible for data processing is:
TRIZ Consulting Group GmbH
Managing Director Dr. Robert Adunka
Großalbershof 13
92237 Sulzbach-Rosenberg
Germany
2. Recording, processing, use, and disclosure of personal information:
The personal information You submit to Us is stored only for the purpose of completing the contracts We enter into with You, and for keeping You informed about Our upcoming events as well as book and digital media publications. We will not disclose or transfer Your personal information to any third party without Your consent, and only to the extent necessary to complete Your contracts with Us and process Your payments for services booked/ordered through Us.
Once given, You have the right to withdraw Your consent for the use of Your personal information at any time with effect for the future. Personal information submitted by You will be deleted on receiving Your withdrawal of consent for its further use, and also deleted automatically in the event that its continued storage is no longer permitted under German law.
3. Right of access to personal information:
In accordance with the provisions of the German Federal Data Protection Act (BDSG), You have the right to request information on the extent and origins of Your personal information from Us, and, if justifiable, the right to amend, freeze, or delete such information. If You have any questions regarding the recording, processing, use, freezing, or deletion of Your personal information, please contact:
TRIZ Consulting Group GmbH
Managing Director Dr. Robert Adunka
Großalbershof 13
92237 Sulzbach-Rosenberg
Germany
Email: support@triz-consulting.de
4. Withdrawal of consent and right of objection:
With effect for the future, You can withdraw Your consent for the recording, storage, and use of Your personal information at any time by written notice to the address below, either by standard mail or electronically. Moreover, You can object to the use of any personal information of Yours stored by Us for advertising or other marketing purposes at any time by written notice to the address below, either by standard mail or electronically.
TRIZ Consulting Group GmbH
Managing Director Dr. Robert Adunka
Großalbershof 13
92237 Sulzbach-Rosenberg
Germany
Email: support@triz-consulting.de
V. Liability:
The liability of TRIZ Consulting Group GmbH for any damages not concerning loss of life, physical injuries, or impairment of health will not be considered, except for damages resulting from willful intent or gross negligence by TRIZ Consulting Group GmbH in the performance of its duties. Furthermore, this only applies insofar as the damages do not result from the breach of an essential contractual duty by TRIZ Consulting Group GmbH.
VI. Jurisdiction (does not apply to consumers):
All disputes arising out of or in connection with any contract between Us and You shall be submitted to the exclusive jurisdiction of the courts of law of Amberg, Germany, if You are considered a business entity (body corporate) under German law.
Information given by Us over the telephone is not binding unless subsequently confirmed in writing.