General Terms And Conditions
General Terms And Conditions
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Gyeon Deutschland GmbH) via www.gyeongec.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the realisation of courses.
(2) As soon as you post the respective course offer on our website, we submit a binding offer to you to conclude a contract via the online shopping basket system under the conditions specified in the respective course description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The courses intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to initiate payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the "purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Provision of services
(1) The courses in the form described in the respective offers are carried out on the agreed dates.
(2) As far as the implementation of the courses depends on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already rendered will be refunded immediately.
(3) If an individual event is cancelled due to the short-term absence of the course instructor due to illness or other important reasons, the services already provided will be refunded immediately.
In the case of events consisting of several dates, if one date is cancelled due to the short-term absence of the course instructor due to illness or for other important reasons, the cancelled date will be made up on an alternative date.
(4) In connection with the use of course rooms and facilities, you must observe the local house rules. You must follow our instructions or the instructions of the course instructor.
§ 4 Withdrawal / Cancellation
(1) You can withdraw from the contract free of charge up to 7 days before the start of the course. The withdrawal must be made in writing (e.g. e-mail). The relevant date for meeting the deadline is the date of receipt of the declaration of withdrawal by us.
Less than 7 days before the start of the course, withdrawal is no longer possible.
(2) In case of non-participation or partial participation in the booked course no refund of course fees is possible.
(3) The statutory right of withdrawal is not affected by this, it exists independently of the existence or non-existence of this additional right of withdrawal.
§ 5 Substitute participants
You can name a substitute participant at any time before the course starts. You will not be charged any costs for this rebooking.
§ 6 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 7 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Gyeon Deutschland GmbH
Telephone: +49 (0)221-28585858
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
4. Main features of the courses
The key features of the courses can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent net prices. They include all the price components, excluding all the incidental taxes.
5.2 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
5.3 Unless otherwise specified for the individual types of payment, the payment claims from the concluded contract are due for payment immediately.
5.4 Unless otherwise agreed, payment must be made at the latest on the course date on site before the start of the course, otherwise there is no claim to participation.
6. Statutory liability for defects
Statutory liability for defects exists.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 28.09.2020