GENERAL TERMS AND CONDITIONS OF BUSINESS
§1 Scope of action
Our General Terms and Conditions (GTC) apply to all business transactions with our customers, hereinafter referred to as “Clients”. The client automatically accepts the GTC by placing an order. They are valid for the duration of the business relationship.
§2 Order placement and performance
2.1 The basis of the business relationship is the respective consulting contract or the client’s written order to us, in which the scope of services and remuneration are recorded.
2.2 The client may place orders by telephone, post, fax or e-mail: We also accept informal orders. After receipt of the order, the client receives an order confirmation by e-mail or post. With this confirmation of order, the order is deemed to have been accepted and the consulting contract as concluded. This order confirmation is decisive for the delivery date.
2.3 In the event of special requirements, we call in external consultants, expert third parties, assistants or other vicarious agents whom we have known for many years of cooperation. In these cases, the business relationship between us and the client continues to exist, unless otherwise agreed.
2.4 Updates and alterations of offers and orders shall be stipulated by both parties in writing and shall form an integral part of the contractual relationship between us and the client as a supplementary agreement.
All prices of our services are subject to the statutory value added tax of currently 19 %.
§4 Payment and Due Date
4.1 Our claim to payment of the price arises for each individual service as soon as it has been provided by us. All services provided by us that are not expressly stated as being included in the price are ancillary services that are paid for separately.
4.2 As soon as the client receives the invoice, the price is due for payment within 14 days.
4.3 The client shall also be in default without a reminder on our part if he does not effect payment within 30 days after the due date and receipt of the invoice. In this case, we shall be entitled to demand interest on arrears in the amount of the statutory interest rate.
4.4 The client is only entitled to set-off and retention of similar claims if they are legally established and undisputed. A right of retention shall be limited to claims arising from the same contractual relationship for non-homogeneous claims.
4.5 The following payments are due for the cancellation of ordered services:
Cancellation up to 30 days before the start of the event: no fee
Cancellation 30 to 14 days before the start of the event: 50% fee
Cancellation less than 14 days before the start of the event: 80% fee
Accompanying workbooks and documents are subject to copyright and may not be photomechanically or electronically reproduced at any time and under no circumstances. They are only intended for the use of the client and may not be passed on to third parties.
§6 Client’s obligation to cooperate
The client shall provide us with all documents, information and materials necessary for the execution of the order.
§7 Confidentiality clause
We are obliged to maintain secrecy about all business, business and private matters that have become known to us in the course of our consulting activities. This obligation to maintain secrecy applies equally to our vicarious agents. The obligation to maintain confidentiality shall also apply after termination of the contract and may only be lifted in writing by the client himself. In addition, we are obliged to keep the documents provided for the purpose of providing advice in safe custody and to protect them against inspection by third parties.
§8 Reference marketing
The contractual partner hereby agrees that Reflect GmbH & Co. KG has the right to include the contractual partner in its own reference list on its website (or other advertising material), naming/displaying the
– company name and
– company logo.
The exact performance of the service and contact details shall not be named and shall not be passed on to third parties. The consent may be revoked by the contractual partner at any time.
9.1 The consulting firm shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. The liability for guarantees is independent of fault. The consulting firm is liable for slight negligence solely in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz), due to injury to life, limb or health or due to the violation of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the foreseeable damage typical of the contract, insofar as there is no liability for injury to life, limb or health. The consulting firm is liable to the same extent for the fault of vicarious agents and representatives.
9.2 The regulation of the preceding paragraph (9.1) extends to compensation for damages in addition to performance, compensation for damages instead of performance and the claim for compensation for futile expenditure, irrespective of the legal reason, including liability for defects, delay or impossibility.
§10 Notice of defects
10.1 If the client does not notify us within 7 days after completion of the order of any objectively existing serious defects, the order shall be deemed to have been finally completed.
10.2 If the client should question a service completely, this criticism must be substantiated by a serious counter-assessment prepared by a third party.
10.3 If a complaint is made, we must be given the opportunity to remedy the defect. If this rectification of defects proves to be unsuccessful, the client has the right to a reduction in price or rescission. In any case, however, liability is limited to the amount of the order in question. We do not assume any liability based on the violation of a copyright or claims of third parties.
10.4 If the delivery period has been exceeded for an unreasonably long time – the individually agreed delivery period is considered as a guideline – and we were not able to comply with a reasonable period of grace communicated in writing by the client, the client is entitled to withdraw from the contract.
§11 Sects passage
Our way of working is based on a sound scientific foundation – not on ideology or cultism. Therefore, we strongly dissociate ourselves from organizations such as Scientology and the like and reject any cooperation with these or similar organizations and their subordinate companies.
§12 Severability clause
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the remaining provisions. The invalid provision shall be replaced by a provision which, within the limits of what is legally permissible, comes closest to the will and interest of both parties.
§13 Applicable law
The legal relationship between the client and us shall be governed exclusively by German law.
§14 Place of Performance and Jurisdiction
14.1 The place of performance is the registered office of our consulting firm in Rohrbach.
14.2 The place of jurisdiction for all disputes arising directly or indirectly between us and the client shall be the court having local jurisdiction for our registered office in Landau.