General Terms and Conditions of RI Innovation GmbH
These General Terms and Conditions (“GTC”) apply to all contracts, deliveries and other services of RI Innovation GmbH (Reimbursement Institute), Lehnengasse 20a. 18, 50354 Hürth, to its customers. Deviating terms and conditions require a written agreement.
We ask for your understanding that for the sake of better readability we have refrained from using the gender!
The GTC consist of the General Terms and Conditions (I.) and the Special Terms and Conditions for Management Consulting (II.) as well as for Trainings and Workshops (III.). The customer can retrieve and print these GTC at https://reimbursement.institute/terms-and-conditions or request them in written form by sending an email to firstname.lastname@example.org.
General Terms and Conditions – Service Offer
I. General provisions
§ 1 General information
(1) RI Innovation GmbH (Reimbursement Institute) explicitly does not address consumers in the sense of § 13 BGB (German Civil Code) with its offers (except for shipments of goods – see “General Terms and Conditions – Ordering Goods” below). By concluding the contract, the customer confirms that he commissions or acquires the services to be provided by RI Innovation GmbH (Reimbursement Institute) or the documents prepared by RI Innovation GmbH (Reimbursement Institute) for his commercial or freelance activity.
(2) Ancillary agreements shall be agreed upon in writing; individual agreements shall always have priority.
(3) The business relationship between RI Innovation GmbH (Reimbursement Institute) and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(4) The exclusive place of jurisdiction for all disputes arising from this contract is Cologne. RI Innovation GmbH (Reimbursement Institute) is furthermore entitled to sue the customer at his general place of jurisdiction.
§ 2 VAT and payment
(1) Unless otherwise stated, the agreed fees or prices are net plus VAT.
(2) Unless otherwise agreed, payment obligations of the customers are due within 14 days after invoicing. If a customer defaults on his payment obligations, RI Innovation GmbH (Reimbursement Institute) may claim damages according to the legal provisions and/or withdraw from the contract.
(3) RI Innovation GmbH (Reimbursement Institute) always issues an invoice to the customer, which is transmitted in the form of a pdf file via email.
§ 3 Liability
(1) RI Innovation GmbH (Reimbursement Institute) is liable for material defects and defects of title according to the statutory provisions.
(2) Claims for damages outside the liability for material defects and defects of title can only be asserted by a customer against RI Innovation GmbH (Reimbursement Institute) in case of intent or gross negligence.
(3) The liability according to the product liability law and other mandatory legal regulations remains unaffected.
Offsetting and right of retention
The customer shall only have the right to offset if the counterclaims of RI Innovation GmbH (Reimbursement Institute) are recognized or have been legally established. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
The customer is aware of and consents to the fact that the personal data required to process the order will be stored by RI Innovation GmbH (Reimbursement Institute) on data carriers. More about data protection
II. Special provisions – management consulting
§ 6 Assignment, determination of the termination of the assignment
(1) A binding contract is concluded when RI Innovation GmbH (Reimbursement Institute) receives a written order confirmation from the customer. This takes place by signing the previously prepared offer by RI Innovation GmbH (Reimbursement Institute). Following this, the customer receives an order confirmation issued by RI Innovation GmbH (Reimbursement Institute). In this confirmation the expected project times, the earliest possible start of the project as well as a deadline are defined.
(2) The task, the procedure, the type of work results as well as the remuneration are defined by a written agreement between RI Innovation GmbH (Reimbursement Institute) and the customer. Changes, additions or extensions of the task definition, the procedure and the type of work results require a written agreement.
(3) The services of RI Innovation GmbH (Reimbursement Institute) are rendered when the required analyses, the resulting conclusions and the recommendations have been elaborated and explained to the customer. It is irrelevant whether or when the customer implements the conclusions or recommendations.
§ 7 Obligations of the customer
(1) The customer undertakes to support the activities of RI Innovation GmbH (Reimbursement Institute). In particular, the customer shall create free of charge all conditions in the area of his business sphere that are necessary for the provision of services.
(2) The customer undertakes not to hire or assign any employees or vicarious agents of RI Innovation GmbH (Reimbursement Institute) used in connection with the performance of the consulting services before the expiration of 24 months after the termination of the cooperation.
§ 8 Obligations of RI Innovation GmbH (Reimbursement Institute)
RI Innovation GmbH (Reimbursement Institute) is obligated to treat the information about company and business secrets of the customer confidentially and to have its employees or vicarious agents sign a corresponding declaration of obligation upon request. If one of the employees or vicarious agents violates the obligation, RI Innovation GmbH (Reimbursement Institute) fulfills a resulting obligation to compensate the customer in that RI Innovation GmbH (Reimbursement Institute) assigns to the customer the recourse claims arising against the employee or vicarious agent.
§ 9 Protection of work results
The reports, plans, drafts, lists and calculations prepared by RI Innovation GmbH (Reimbursement Institute) may only be used for the contractually agreed purposes. Any non-contractual use of these services, in particular their publication, requires the prior written consent of RI Innovation GmbH (Reimbursement Institute). This shall also apply if the service rendered should not be the subject of special statutory rights, in particular copyright.
III. Special provisions – trainings and workshops
§ 10 Booking
(1) The request is made e.g. by telephone, email, letter or fax. RI Innovation GmbH (Reimbursement Institute) will first send the customer an offer to participate in the desired workshop or training.
(2) If the offer is accepted, RI Innovation GmbH (Reimbursement Institute) will receive a written order confirmation from the customer. This takes place by signing the previously delivered offer by RI Innovation GmbH (Reimbursement Institute). Following this, the customer receives an order confirmation issued by RI Innovation GmbH (Reimbursement Institute). Only then is a binding contract concluded.
(3) Due to the limited number of participants – in the interest of the customer – the registrations will be considered in the order of their arrival.
(4) The trainers employed by RI Innovation GmbH (Reimbursement Institute) in the execution of the training or seminar events act exclusively on behalf and in the name of RI Innovation GmbH (Reimbursement Institute) during their activity. Within a period of 24 months after the end of the training or seminar event, additional, follow-up and new orders with the trainers are to be processed exclusively via RI Innovation GmbH (Reimbursement Institute).
§ 11 Prices, cancellations and rebookings
(1) For participation in free training offers, the prices stated on the homepage or, e.g. for company events, the individually agreed prices shall apply.
(2) The participation fee for the free training offers is due for payment within 14 days after receipt of the invoice, in any case before the start of the event. If the participation fee has not been paid by the start of the event, participation is unfortunately not possible.
(3) The prices include the training course plus training documents, lunch (in the case of one-day training courses), drinks and snacks. Participants will also receive a written confirmation of participation and, if they pass the examination, a certificate. Other costs in connection with the training, such as accommodation and travel costs, must be borne by the participant. Non-attendance or only temporary participation in an event does not entitle the participant to a reduction of the participation fee.
(4) If a participant is unable to attend a training and seminar event due to illness and the customer provides evidence of this by submitting a medical certificate, the customer has the right to rebook for a training course with the same course title on the next available date free of charge. Participants may also cancel their participation in training or seminar events in writing no later than 14 calendar days before the start of the event as follows:
– If the cancellation is made 14 calendar days or earlier before the start of the event, it is free of charge; any participation fees already paid will be refunded by RI Innovation GmbH (Reimbursement Institute).
– If the cancellation is made between the 13th calendar day and the 7th calendar day before the start of the event, 50% of the participation fee will be due; any participation fees already paid will be refunded by RI Innovation GmbH (Reimbursement Institute).
– In the event of a later cancellation, the entire participation fee will be charged.
(5) A customer may transfer a registration to another employee of his company at any time.
§ 12 Implementation, Cancellation and Failure
(1) The venue is specified in the order confirmation of RI Innovation GmbH (Reimbursement Institute). The right to change the training location is reserved. Unless otherwise agreed, the minimum number of participants is 4.
(2) RI Innovation GmbH (Reimbursement Institute) reserves the right to cancel even confirmed events up to two weeks before the start of the event for organizational or other important reasons (e.g. insufficient number of participants). RI Innovation GmbH (Reimbursement Institute) will, however, endeavor to offer alternatives in this case. In the event of cancellation or cancellation of the event, e.g. due to force majeure, RI Innovation GmbH (Reimbursement Institute) will inform the participants without delay and refund any participation fees already paid; there shall be no further claims.
§ 13 Copyrights to training materials
All copyrights and other proprietary rights with respect to the training materials, including those of translation, reprinting and reproduction, shall remain with RI Innovation GmbH (Reimbursement Institute). No user may reproduce, duplicate, distribute, or publicly display the training materials, in whole or in part, in any form, including for purposes of instructional design, without prior written permission from RI Innovation GmbH (Reimbursement Institute).
General Terms and Conditions – Ordering Goods
§ 1 Scope and definition of terms
(1) The following GTC apply to all deliveries between RI Innovation GmbH and the consumer in the version valid at the time of the order. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
§ 2 Formation of a contract
(1) Orders can be placed in writing (by letter, fax, e-mail) or via our website.
(2) Upon conclusion of the contract, your contractual partner is:
RI Innovation GmbH
Phone: +49 2233 805 77 97
Fax: +49 2233 805 77 98
(3) The acceptance of the offer shall be made in writing or in text form or by sending the ordered goods within one week. After fruitless expiry of this period, the offer shall be deemed to have been rejected.
(4) Order receipt and process: The consumer makes a binding contractual offer by placing the order via the form on our website. For this purpose, he/she presses or clicks on the button “Order subject to payment”. We confirm receipt of the order by e-mail (confirmation of receipt). The contract is concluded.
§ 3 Prices, shipping costs, payment, due date
(1) The stated prices include the statutory value added tax. The shipping costs are calculated separately (letter shipping). For orders that are sent abroad and / or require special packaging or expressly and at the request of the consumer to be sent insured, the shipping costs are calculated according to real costs incurred and plus the cost of goods shown on the invoice.
(2) The consumer pays for the goods on invoice. This is enclosed with the delivery and serves at the same time as a delivery bill.
§ 4 Delivery and return
If the goods are available immediately, the delivery time is 1 – 3 business days. Partial deliveries are permitted, as far as this is reasonable for you. Only goods in their original packaging (wrapped) will be taken back. The costs for the return are borne by the consumer.
§ 5 Retention of title
We retain title to the goods until the purchase price has been paid in full.
§ 6 Warranty and claims for defects
(1) Legal warranty claims do not exist, among other things, in the event of improper handling of the item by the customer. Furthermore, the warranty does not include the usual wear and tear of the item. This also applies to defects that occur after delivery, e.g. due to external influences.
(2) We shall be liable for defects of the ordered items in accordance with the statutory provisions.
§ 7 Applicable law
The concluded contracts are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The consumer protection provisions of the consumer’s home country remain unaffected.
§ 8 Information on dispute resolution
Under applicable law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here: https://ec.europa.eu/consumers/odr/ However, we would like to point out that we are generally not prepared to participate in dispute resolution proceedings within the framework of the European Online Dispute Resolution Platform. We do not participate in dispute resolution proceedings before a consumer arbitration board.
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