General Terms and Conditions for orders and bookings with persolog GmbH

Status: 12.07.2023

I. Scope

  1. All offers, deliveries and other services with regard to orders/bookings of goods with us are subject to the following General Terms and Conditions (hereinafter only “Terms and Conditions”) in the version valid at the time of the order/booking.
  1. Goods within the meaning of these Terms and Conditions are all products, seminars and services that can be purchased/booked with us as part of an order/booking.
  1. Our terms and conditions apply exclusively. We do not recognize any conflicting, deviating or supplementary terms and conditions of the contractual partner/customer (hereinafter referred to as “Customer”) unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply if we render our services without reservation in the knowledge of conflicting or deviating terms and conditions of the Customer.
  1. Our terms and conditions apply only to companies within the meaning of § 310 I BGB (German Civil Code), as well as legal entities under public law and special funds under public law.

II. Conclusion of contract

  1. In the case of orders/bookings via our online shop or landing pages, the presentation and advertising of goods in our online shop do not constitute a binding offer to conclude a contract, but merely an invitation to the customer to make a binding offer. If the goods are available, the customer can only make a binding offer to order the goods contained in the shopping basket after registering and successfully setting up a customer account in accordance with section VI of these terms and conditions by sending the order by activating the “order subject to payment” or “register subject to payment” button after going through the online ordering process. The offer can only be submitted if the customer has previously accepted these Terms and Conditions by clicking on the corresponding button and has thereby included them in his offer. We will then send the customer an order/booking confirmation by e-mail. The order/booking confirmation constitutes acceptance of the offer. In the case of seminar bookings, the customer will receive a booking confirmation if seminar places are available. When products are ordered, the content of the contract and the approximate delivery date result from the order confirmation, insofar as delivery is required according to the characteristic of the purchased goods.
  1. Outside of orders/bookings in our online shop, enquiries from the customer, verbally or in writing, via telephone, fax or e-mail, constitute a binding offer to conclude a contract. We then create an order/booking confirmation which we send to the customer by e-mail. The order/booking confirmation constitutes acceptance of the offer. In the case of seminar bookings, the customer will receive a booking confirmation if seminar places are available. When ordering products, the content of the contract and the approximate delivery date result from the order confirmation, insofar as delivery is required according to the characteristic of the purchased goods.
  1. The obligations contained in the provisions of Section 312i (1) sentence 1 no. 1 to no. 3 and sentence 2 BGB are excluded.

III. Delivery of goods

  1. Insofar as delivery is required according to the characteristics of the purchased goods, the delivery time stated by us in the order confirmation shall be calculated from the time of the order confirmation.
  1. Delivery dates and delivery deadlines are always considered to be approximate. They shall be deemed to have been met if the goods have been dispatched by their expiry.
  1. If, after conclusion of the contract, the customer requests changes or additions to the order which make it impossible to meet the delivery date, the delivery date shall be extended in accordance with the changes and additions by a period of time which is reasonable for the implementation of these changes and additions.
  1. We shall have a right of retention for further deliveries until all previous deliveries have been paid.
  1. If the customer orders several goods within the scope of one order for which different delivery times apply, we shall dispatch the goods (unless otherwise agreed) in a joint delivery. In this case, the delivery time that applies to the goods with the longest delivery time applies to the goods order as a whole.
  2. When delivering goods, we are entitled to make partial deliveries to a reasonable extent and to invoice these separately.
  1. The risk is transferred to the customer when the goods are handed over to the shipping company. Shipment is always carried out on behalf of the customer.
  1. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the goods), we shall inform the customer of this without delay and at the same time notify the customer of the expected new delivery deadline. If the goods are also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall reimburse the customer immediately for any consideration already paid by the customer. A case of non-availability of the goods in this sense shall be deemed to be in particular the non-timely self-delivery by suppliers if we have concluded a congruent hedging transaction, neither we nor our suppliers are at fault or we are not obliged to procure in the individual case.

IV. Seminar Booking

  1. The following seminar types are offered by persolog:
    1. Group seminars and in-house seminars:
      Seminars are offered either as open group seminars or as in-house seminars that are individually tailored to customer requirements, take place in closed groups and can be booked exclusively by Companies. Open seminars and in-house seminars are held as face-to-face seminar or as an online seminar transmitted by video using “Zoom” or a comparable tool.
    2. Digital seminars:
      Via our e-learning platform “persolog Academy” we offer supplementary seminars as well as advanced training courses and trainings, which the customer or participant can start and conduct online at any time (hereinafter only “digital seminars”)
    3. Blended Learning Seminars:
      In addition, we offer courses according to the “blended learning concept” as a combination of digital seminars and online seminars or face-to-face seminars (hereinafter only “Blended Learning Seminars”).
  1. The target group and the content of the individual seminars, as well as the respective services provided within the framework of these, can be found in the respective seminar or programme description. Accompanying seminar documents are issued to the customer or participant in paper form or sent in electronic form if this is expressly stated in the respective seminar description. If seminar documents are issued or sent, this is usually done before or at the beginning of the seminar, in individual cases also during or at the end of the seminar.
  2. Any necessary travel to and from seminars must be organised by the client at his own expense.
  3. Catering for customers or participants during breaks in the seminar (e.g. snacks, drinks) are included in the seminar price if this is expressly stated in the seminar description.
  4. If and insofar as this is expressly stated in the seminar description, the customer or participant will receive a certificate of participation after taking part in the seminar. The certificate of participation shall be provided to the customer or participant at the end of the seminar either electronically or in paper form, sent in electronic form within 7 working days to the e-mail address provided by the customer or participant during the booking process or made available as a download.
  5. We reserve the right to unilaterally revoke the confirmation of the booking of a seminar (booking confirmation) and to cancel or reschedule the seminar. In this case, the customer or participant can attend the new or another date/seminar or cancel the booking. In the latter case, the seminar price already paid will be refunded to the client. Further claims are excluded.
  6. There is no legal claim to the leadership of the booked seminar by the speaker named in the seminar description. We reserve the right to substitute the named speaker with another one of our speakers for given reasons, such as illness or other reasons for prevention.
  7. In the case of face-to-face seminars or online seminars, the right to participate in our seminars acquired upon conclusion of the contract is not transferable. In the case of digital seminars and blended learning seminars, each customer or participant receives personal access from us. The use of the content on our e-learning platform is limited to this customer or participant and to the period specified in the seminar description. The transfer of access data to third parties who have not received personal access from us is not permitted.
  8. We are entitled to hold our face-to-face seminars as online seminars if the holding of face-to-face seminars is restricted or prohibited by official orders. In this case, the customer has the exclusive choice between rebooking the face-to-face seminar for a later date or participating in the online seminar that replaces the face-to-face seminar. The customer does not have the right to cancel the seminar free of charge. The customer will be informed about the change from the face-to-face seminar to the online seminar before the booked date. The decision to participate in the online seminar is deemed to have been made if the customer does not request a rebooking by e-mail 48 hours before the start of the online seminar
  9. In the case of participation in an online seminar, after payment of the seminar price, the customer or participant will receive by e-mail no later than the day before the date further information about the technical requirements that the hardware and software must meet, the necessary instructions for the use of “Zoom” or a comparable tool, the scheduled time of the online seminar and the access code that allows the customer or participant to follow the online seminar in real time on an Internet-enabled terminal device (PC, laptop, smartphone, tablet). For this purpose, the customer or participant must download the “Zoom app” or “Zoom program” or a comparable tool in advance. The creation of a Zoom account by the customer or participant is not required, the installation of the software on his end device is sufficient. The code is exclusively intended for the customer or participant, may not be passed on and only entitles the customer or participant to receive the transmission once. Allowing third parties to participate in the transmission together with the customer or subscriber is also not permitted. In the event of infringement, the right to participate in the transmission shall expire; however, the payment obligation shall remain in effect. The same applies to recordings or recordings of the transmission in sound and/or image and storage on data carriers. If the transmission of the online seminar is not or not properly possible due to insufficient technical requirements or incorrect operation of the customer or participant, there is also no claim for reimbursement or renewed attendance of the next online seminar on the same topic.
  10. The following terms shall apply with regard to the term and termination of the contractual relationship:
    • In the case of face-to-face seminars and online seminars, the contract does not include a minimum term. The duration of the contractual relationship shall be based on the nature or purpose of the service and shall end automatically at the end of the respective seminar without the need for termination, according to §620 (2) of the German Civil Code (BGB). The right to extraordinary termination remains unaffected.
    • Contracts for digital seminars shall commence upon conclusion of the contract and shall end upon expiry of the term specified in the respective seminar description without the need for termination. The right to extraordinary termination and, in the case of consumers, the right to terminate the contract in accordance with §§ 327c, 327m, 327r BGB shall remain unaffected.
    • Blended learning seminars are subject to the provisions of the Distance Learning Protection Act (FernUSG) and can be terminated by the customer for the first time at the end of the first six months after conclusion of the contract with a notice period of six weeks; after the end of the first six months, termination is possible at any time with a notice period of three months. The termination must be in text form. In the event of termination, the customer shall only pay the portion of the remuneration corresponding to the value of our services during the term of the contract. The right to extraordinary termination and, in the case of consumers, the right to terminate the contract pursuant to Sections 327c, 327m, 327r BGB shall remain unaffected.
  11. The following terms shall apply with regard to cancellations and rebookings of seminars
    • Bookings of open face-to-face seminars (group seminars) can be cancelled up to 4 weeks before the start of the seminar with full refund of the seminar price. For cancellations up to 3 weeks before the start of the seminar we charge a cancellation fee of 25% of the seminar price, for cancellations up to 2 weeks before the start of the seminar a fee of 50% of the seminar price and for cancellations up to 1 week before the start 75% of the seminar price. In case of later cancellations the full seminar price has to be paid. We reserve the right to prove higher damages, the customer reserves the right to prove lower or no costs. In each case, the date on which we receive the customer’s declaration in text form is decisive. The customer is free to name another participant in order to avert a cancellation. If a previous certification with the persolog® Personality Factor Model (or another certification of persolog GmbH) is required for the seminar, the substitute person must fulfill this requirement.
    • The customer can cancel open face-to-face seminars (group seminars) up to 30 days before the start of the seminar and leave a new date open or choose a new date or a seminar on a different topic (rebooking). In case of a rebooking to another date we charge a handling fee of 50 Euro per seminar up to 11 days before the seminar starts. In case of a later rebooking we charge 10 % of the seminar price, but at least 50 Euro per seminar. We do not accept later change requests. In this case, the seminar price is to be paid regardless of the participation in the booked seminar. After expiration of the cancellation period, the higher seminar price is to be paid in the case of rebooking from a seminar of a higher price category to a seminar of a lower price category. In each case, the date on which we receive the customer’s declaration in text form is decisive. The customer is free to name another participant in order to avert a rebooking. If a previous certification with the persolog® Personality Factor Model (or another certification of persolog GmbH) is required for the event, the substitute person must fulfill this requirement.
    • In the case of open online seminars (group seminars), section 13.a. applies to the duration of the contract and termination as well as to rebooking.
    • Bookings of in-house seminars (as face-to-face seminars or online seminars) can be cancelled up to 12 weeks before the start of the seminar with a full refund of the seminar price. For cancellations up to 8 weeks before the start of the seminar we charge a cancellation fee of 25% of the seminar price, for cancellations up to 6 weeks before the start of the seminar a fee of 50% of the seminar price and for cancellations up to 4 weeks before the start 75% of the seminar price. In case of later cancellations the full seminar price has to be paid. We reserve the right to prove higher damages, the customer reserves the right to prove lower or no costs. In all other respects, the rules set out in clause 13 shall apply.
    • In-house seminars (as face-to-face seminars or online seminars) can be rebooked free of charge up to 21 days before the start of the seminar after the parties have agreed on a different date. In case of a later rebooking to a date agreed upon by both parties, we charge 25% of the seminar price. We reserve the right to prove higher damages, the customer reserves the right to prove lower or no costs. If, in the event of a rebooking, the parties fail to agree on another date within 1 week of receipt of the rebooking request by us, the rebooking shall be treated as a cancellation in accordance with the above clause. In all other respects, the regulations according to clause 13 shall apply.
    • Bookings of digital seminars and blended learning seminars can be cancelled free of charge until the first login on our e-learning platform “persolog Academy”/completion of the registration of the customer or participant with us and the provision of login access by us. Decisive in each case is the receipt by us of the customer’s declaration in text form. The customer is free to name another participant in order to avert a cancellation. If a previous certification with the persolog® Personality Factor Model (or another certification of persolog GmbH) is required for the seminar, the substitute person must fulfill this requirement. In all other respects, clause 13 applies to the duration of the contract and cancellation.
    • The customer can cancel digital seminars and blended learning seminars free of charge until the first login on our e-learning platform “persolog Academy”/completion of the customer’s or participant’s registration with us and the provision of login access by us and rebook the booked digital seminar on a different topic. We do not accept later change requests. In this case, the seminar price is to be paid regardless of the participation in the booked seminar. After expiration of the cancellation period, the higher seminar price must be paid in the event of a change from a seminar in a higher price category to a seminar in a lower price category. The date on which we receive the customer’s declaration in text form shall be decisive in each case. In all other respects, the provisions of Section 13 shall apply.
  12. Cancellation or rebooking requests by the customer must be made in writing and should be addressed to:

    persolog GmbH
    Königsbacher Street 51
    75196 Remchingen
    Tel: +49 (0) 7232-3699-0
    E-Mail: mail@persolog.com

    Cancellation or rebooking requests are only deemed to have been made and firmly booked with our confirmation of the new desired date.

  13. For participation in a seminar in virtual reality (hereinafter referred to as “VR Seminars”), the “Terms of Use VR Seminars” shall apply in addition.

V. Prices and terms of payment

  1. The prices stated by us at the time of the conclusion of the contract shall apply.
  1. Our prices are quoted in euros plus the applicable statutory VAT and plus shipping costs. In the case of the delivery of goods, the corresponding shipping costs are specified during the ordering process and are to be borne by the customer. From an order value of 300 Euro we deliver free of charge within Germany and Austria. The choice of shipping route and shipping method is at our discretion.
  1. Payments are made as follows:
    • Invoice, payable within 14 days of receipt of invoice;
    • Cash in advance, payable immediately after receipt of the invoice;
    • via the service provider Adyen or another payment service provider named by us before the order/booking. The payment options and conditions provided there apply. 
  1. Payments shall only be deemed to have been effected upon final crediting to our account.
  1. We are entitled to demand advance payment for all deliveries and services. In the case of advance payment, our performance shall only take place after the payment has been credited in accordance with Clause 4.
  1. In the event of default in payment, we shall be entitled to demand interest on arrears at the statutory rate. The assertion of further damages caused by default remains unaffected by this.
  1. The customer may only offset a claim against us if it is undisputed by us or has been legally established. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The customer shall not be entitled to a right of retention due to partial performance in accordance with Section 320 (2) of the German Civil Code (BGB).

VI. Registration and creation of a customer account

  1. An order/booking via our online shop is only possible after registration and successful creation of a customer account. There is no entitlement to registration and creation of a customer account.
  2. The creation of a customer account is subject to the following conditions:
    • Only natural persons with full legal capacity and power of representation may register. If the power of representation of the registered authorised representative expires, a new authorised representative must be appointed as contact person without delay.
    • When registering the customer account, the full company or business name or the name of the entrepreneur together with the e-mail address must be provided and a password (access data) must be selected. The customer is responsible for ensuring that the information provided by him/her during registration is true and complete. If a customer provides incorrect or incomplete information, we are entitled to terminate and delete the customer’s account without notice.
    • Under no circumstances is the customer entitled to disclose his access data and in particular his access password to third parties. If third parties nevertheless gain access to the customer account or if the customer has other indications of misuse of his account, the customer must inform us immediately and change his access data. In the event of misuse, we reserve the right to delete the account immediately and to take legal action.
    • Multiple registrations with the same e-mail addresses of a customer are not permitted.
  1. We can block or delete a customer account at any time if it is misused or if illegal, anti-competitive, criminally relevant or immoral acts are committed via the customer account.
  2. After completing certification, certified persolog trainers have the opportunity to purchase print and online products of the respective model at trainer conditions in the persolog webshop. Registration in the store is required for this.

VII. Copyright and property rights, rights of use

  1. The products/goods and content/digital content provided by us are protected by copyrights or other rights of us or third parties and may only be used within the scope of the contractually agreed purpose of use. For the use of these products/goods and content/digital content, the customer acquires, under the condition of payment of the purchase/seminar price owed and due, for himself and, to the extent of his order/booking and the individual contractual agreement, if applicable also for other designated authorised users, the simple, non-exclusive, non-sublicensable right of use to the respective products and contents for his own purposes, which right cannot be transferred to third parties. The right of use allows the customer read access to the content of the product as well as downloading, one-time saving and one-time printing of content.
  1. Any use beyond that specified in section VII.1 of these Terms and Conditions is excluded and requires the prior separate written consent of the respective rights holder, unless such use is permitted by mandatory statutory provisions. In particular, the customer or other authorised users are prohibited from copying the products and contents provided – including excerpts thereof – removing copyright notices or brand designations, modifying or changing the products and contents, copying the products and contents to other data carriers or networks, creating and using reproductions and any transfer against payment or free of charge, any making available or any form of commercial use. The customer may not use any means to overcome or circumvent these measures.
  1. When purchasing eBooks, the respective product description and the following regulations apply in addition:
    • We make the eBook available to the customer for download after the conclusion of the contract.
    • With the download of the eBook, the customer acquires a simple, non-exclusive, non-sublicensable right of use to the eBook that is not transferable to third parties and is unlimited in time. An acquisition of rights to the content or the eBook itself is not associated with this.
    • The customer is entitled to download the eBook a maximum of three times and to save it on up to three end devices. The customer can call up the eBook on the end devices as often as desired.
    • The transfer of the eBook, copies of the eBook or contents of the eBook to third parties is not permitted. Likewise, the customer is not entitled to make the eBook, copies or content of the eBook publicly accessible, to post it on the Internet or in networks or to resell it.
    • The customer is not entitled to change the content of an eBook in terms of content or editing. The customer may not remove or change trademarks, copyright notices, digital watermarks. The customer may not remove or circumvent protective measures against copyright infringements.
    • We are entitled to block the possibility to download the eBook again in accordance with section VII.4.c of these terms and conditions, insofar as we become aware that the customer is in breach of the aforementioned terms and conditions.

VIII. Warranty

 

  1. In the case of contracts for the delivery of goods, the customer shall be entitled to the rights and claims under the statutory law on liability for defects. Claims for liability for defects shall become statute-barred within 12 months of handover of the goods, unless longer limitation periods are mandatorily provided for by law.

  2. In connection with liability for defects in software, it must be taken into account that error-free functioning of the software cannot be realised under all application conditions. Liability for defects is therefore excluded if the software is operated on a system which does not meet the minimum requirements stated on the packaging or in the documentation, unless the customer proves that the defect would also exist if the software had been used on a system which met these minimum requirements.

IX. Liability

 

  1. We shall be liable in accordance with the statutory provisions insofar as the customer asserts claims for damages or reimbursement of expenses which are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

  2. We shall be liable in accordance with the statutory provisions if we culpably breach an essential contractual obligation; in this case, however, the liability for damages shall be limited to the typically occurring damage foreseeable at the time of conclusion of the contract.
  3. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.

  4. Unless otherwise stipulated above or within our Terms of Use, liability – regardless of the legal nature of the asserted claim – is excluded. This applies in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for property damage pursuant to § 823 BGB.

  5. The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Insofar as the liability for damages towards us is excluded or limited, this shall also apply with regard to the personal liability for damages of the aforementioned persons.

X. Retention of title

 

  1. In the event of the delivery of goods, the goods shall remain our property until full payment of all claims arising from the business relationship between us and the customer.

  2. Insofar as the respective law in whose area the goods are located does not permit a reservation of title, we are entitled to exercise all rights that we can otherwise reserve to the goods. The customer is obliged to cooperate in all measures which we wish to take to protect our right of ownership or, in its place, any other security interest in the goods

XI. Data protection

 

  1. The required customer and delivery data will be collected, processed and stored by us in accordance with the provisions of German data protection law. The data will be used for the fulfilment of the contract and in this context will also be passed on to third parties where necessary.

  2. The customer may object to the use of data going beyond the performance of the contract at any time in text form to us, e.g., by e-mail to datenschutz@persolog.com

    In addition, our data protection declaration applies at

    https://www.persolog.de/allgemeine-geschaeftsbedingungen/datenschutz/.

XII. Place of performance, place of jurisdiction and applicable law

 

  1. The place of performance and jurisdiction for all obligations arising directly or indirectly from the contractual relationship is the location of our registered office in 75196 Remchingen. We are also entitled to take legal action at the customer’s place of business.

 

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

Status: Mai 2023

Terms of Use for digital memberships of persolog GmbH
We are pleased that you have chosen one or more memberships of persolog GmbH.

The following terms of use apply to persolog GmbH, Königsbacher Straße 51, 75196 Remchingen, Germany, VAT ID: DE231004454.

I. Scope

  1. The following conditions apply in their current version to all offers, deliveries and other services with regard to digital memberships in the “persolog Academy”. Our General Terms and Conditions of Use (hereinafter referred to as the Terms and Conditions of Use) shall also apply to all future transactions.
  2. Our terms of use apply exclusively. We do not recognize any conflicting, deviating or supplementary terms and conditions of the contractual partner/user (hereinafter referred to as “customer”) unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Use shall also apply if we render our services without reservation in the knowledge of conflicting or deviating terms and conditions of the Customer.
  3. Our Terms and Conditions of Sale shall only apply to companies within the meaning of Section 310 I of the German Civil Code (BGB), as well as to legal entities under public law and special funds under public law.

II. Conclusion of contract

  1. The contents on our homepage and in its other publications for presentation and/or advertising purposes do not constitute a binding offer, but merely an invitation to the customer to make a binding offer. The customer makes a binding offer to order the digital offers contained in the shopping basket by sending the order by activating the “Buy now” button after going through the online ordering process. The offer can only be submitted if the customer has accepted these Terms of Use by clicking on the button “Accept General Terms of Use” and has thereby included them in his offer.

  2. We will then send the customer an order confirmation by e-mail. The order confirmation represents the acceptance of the offer. The content of the contract results from it.

  3. The obligations under § 312i para. 1 sentence 1 no. 1 to no. 3 and sentence 2 BGB shall not apply.

III. Access requirements, service description

  1. To order and use digital memberships, the customer requires a valid e-mail address and a high-performance internet connection.

  2. Connection fees for the Internet as well as any other costs arising from the conclusion of a mobile phone contract are to be borne by the customer and are not part of the digital memberships.
    The digital content of the “persolog Academy” can be accessed and used digitally by customers via the website of the “persolog Academy” at onlineacademy.persolog.com.

  3. Digital membership includes access to the website of the “persolog Academy” (onlineacademy.persolog.com) via PC/Mac/notebook, smartphones and tablets.

  4. A temporary interruption of digital memberships is not possible.

  5. The digital membership is personal and refers exclusively to the authorised user notified by the customer. The transfer of rights to third parties is not permitted.

IV. Availability of digital content

  1. The content that can be accessed via the Internet is generally available to the customer at all times. However, availability at all times 7 days/week and 24 hours/day is neither guaranteed nor assured.

  2. Access may be temporarily interrupted in the event of temporary interruptions due to necessary maintenance work or system-related disruptions of the internet at third-party providers or third-party user operators as well as in the event of force majeure.

  3. There is no entitlement to specific content. We are entitled to remove, change, improve and/or supplement the content provided at any time.

V. Registration and access authorisation

  1. Digital memberships require registration by the customer. The customer must specify the person authorised to use the service with their e-mail address.

  2. The customer receives access data to access the digitally provided content. Access data must be stored securely and may not be passed on to third parties. Use by third parties employed by the customer is permitted, but only for one-time and time-limited use in the context of a specific event of the customer.

  3. We may block or delete an account if it is misused or if illegal, anti-competitive, criminally relevant or immoral acts are committed via the account.

VI. Prices and payment methods

  1. The prices in our respective valid price list at the time of the conclusion of the contract shall apply.

  2. If the digital content of the membership is expanded more than insignificantly after conclusion of the contract, we are entitled to increase the prices appropriately, namely in proportion to the expansion that has occurred. The increase shall take effect at the beginning of the month after next after receipt of the notification of change by the customer. The customer is entitled to terminate the contract without notice within six weeks of notification of the price increase, with effect from the date on which the price increase comes into force. If the customer does not exercise this right and if the customer has been informed of this legal consequence in the notification of the price increase, the contract shall be continued at the changed prices.

  3. Unless otherwise stated in the order confirmation, our prices are exclusive of the statutory value added tax applicable at the time.

  4. The contractual relationship shall be settled via the service provider digistore24 or another payment service provider named by us prior to the order. The payment options and conditions provided for there shall apply.

  5. In the event of default on the part of the customer, we shall be entitled to block access to the digital membership until all due claims from the entire business relationship with the customer, irrespective of the legal grounds, have been settled by the customer. Furthermore, we are entitled to demand interest on arrears at the statutory rate. The assertion of further damages caused by default shall remain unaffected.

  6. The customer may only offset a claim against us if it is undisputed by us or has been legally established. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The customer shall not be entitled to a right of retention due to partial performance in accordance with § 320 para. 2 BGB.

VII. Warranty and liability

  1. The statutory warranty shall apply.

  2. We shall remedy technical defects on the website of the “persolog Academy” within a reasonable period of time. Our responsibility here only extends to the transfer point of the systems operated by us to the Internet, but not to the customer’s systems and data transmission lines beyond the transfer point.

  3. We do not assume any warranty for contents. The customer has no claim to certain contents. We are entitled to remove, change, improve and/or supplement the content provided at any time.

  4. We use our usual diligence for the selection and maintenance of the contents. However, we cannot guarantee that the content is complete, correct and up-to-date.

  5. The customer shall be responsible for reporting any defects, faults or damage without delay.

  6. We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages or reimbursement of expenses which are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

  7. We shall be liable in accordance with the statutory provisions if we culpably violate a material contractual obligation; in this case, however, the liability for damages shall be limited to the typically occurring damage foreseeable at the time of conclusion of the contract.

  8. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.

  9. Unless otherwise stipulated above or within our terms of use, liability is excluded, irrespective of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, from other breaches of duty or from tortious claims for compensation for material damage in accordance with § 823 BGB.

  10. The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded. Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of the aforementioned persons.

VIII. Duration and termination

  1. The term of the digital memberships results from the respective contract. The term of the contract shall be automatically extended by the respective agreed term, unless the membership has been terminated in writing, i.e. in writing or text form (e.g. letter, e-mail, fax), by one of the contracting parties by the last day of the agreed term at the latest.

  2. The right to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist for us in particular if (i) the customer has seriously or despite warning by us repeatedly violated these Terms of Use or other contractual obligations, (ii) the customer uses the access without authorisation or allows it to be used by third parties, (iii) uses the digital content in an illegal manner, (iv) the customer does not meet his payment obligations despite two reminders, (v) the financial situation of the customer has deteriorated significantly or (vi) at least preliminary insolvency proceedings have been instituted against the customer’s assets or have been dismissed for lack of assets.

  3. Upon termination of the contract, we shall block the customer’s access to the digital memberships with immediate effect.

  4. If the customer is responsible for a premature termination of the contract, we are also entitled to compensation for damages, which may also include compensation for special conditions granted to the customer or to advertising third parties at the time of conclusion of the contract.

IX. Amendments and transfers

  1. Changes to the billing address, the membership module ordered or other data of the customer must be notified to us and can be taken into account at the earliest five days after receipt. Changes to the method of payment – with the exception of account changes – are only possible after the expiry of the selected payment period.

  2. The transfer of membership to another customer requires our consent. A transfer request from both customers must be sent to us in text form. Our consent shall be deemed to have been granted by the execution of the change.

X. Copyright and property rights

  1. The contents made available under the digital membership are protected by copyrights or other property rights of us or third parties. For the use of the digital memberships, the customer acquires, subject to the condition of payment of the remuneration owed and due, for himself and, to the extent of his order and the individual contractual agreement, if applicable also for other authorised users, the simple, non-exclusive, non-sublicensable right of use to the respective digital contents for his own purposes, which right is not transferable to third parties and is limited to the term of the contract. The right of use allows the customer to read or view the digital content.
  1. Any use beyond the use described in clause XI.1. is excluded and requires the prior separate written consent of the respective right holder, unless such use is permitted by mandatory statutory provisions. In particular, the customer or other authorised users are prohibited from reproducing the digital content – including extracts thereof – removing copyright notices or brand names, modifying or altering the digital content, copying the digital content to other data carriers or networks, making and using reproductions and passing on, making available or any form of commercial use, whether in return for payment or free of charge. The customer may not use any means to overcome or circumvent these measures.

XI. Data protection

  1. The required customer and delivery data will be collected, processed and stored by us in accordance with the provisions of German data protection law. The data will be used for the fulfilment of the contract and in this context will also be passed on to third parties where necessary.

  2. The customer may object to the use of data beyond the fulfilment of the contract at any time in text form, e.g. by e-mail to datenschutz@persolog.com.

  3. Our data protection declaration applies in addition
    https://www.persolog.de/allgemeine-geschaeftsbedingungen/datenschutz/

XII. Place of performance, place of jurisdiction and applicable Law

  1. The place of performance and jurisdiction for all obligations arising directly or indirectly from the contractual relationship is the location of our registered office in 75196 Remchingen. We are also entitled to take legal action at the customer’s place of business.

  2. The law of the Federal Republic of Germany shall apply.

Stand: November 2020

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