General terms and conditions for the provision of services

Safety Academy, Schlosserstr. 20, 59399 Olfen

1. General. scope

The terms and conditions apply to all current and future business relationships with companies within the meaning of Section 14 of the Civil Code (BGB), legal entities under public law and special funds under public law.

Differing or supplementary general terms and conditions, even if known, only become part if their validity is expressly agreed to.

2. Type and scope of the service

Agreements between the client and the contractor (Safety Academy) are binding when the client signs an offer/order that contains these conditions. The same applies if the client has received the written order confirmation before work begins or a contract is concluded via the Internet.
The services will be carried out as agreed in the offer/order. Order changes or extensions are only valid if they are specified in writing, in exceptional cases orally, in terms of type and scope by the persons authorized to do so.

3. Acceptance and warranty

In the case of recurring services, the contractor's work is deemed to have been completed and accepted in accordance with the order if the client does not immediately raise substantiated written objections - at the latest upon commissioning. The time, place, type and extent of the defect must be described precisely.
For one-off work services, acceptance - if necessary also in sections - takes place no later than three days after written notification of completion by the contractor. If the client does not comply with the request for acceptance, the work is deemed to have been accepted. If the contractor fails to meet an acceptance date, the work is deemed not to have been accepted.

4. Binding deadlines

The prices specified in offers are subject to a binding period of 4 weeks. All prices stated are net prices and do not include the respective statutory VAT.

5. Security deposit

The client's right to retain security amounts for the completion of the contractual services or possible warranty claims is excluded.

6. Liability

The contractor is liable for damage that can be proven to be caused by the contractor within the scope of the business liability insurance he has taken out. At the request of the client, concrete proof of insurance must be provided to him. There is no liability for damage that is not reported to the contractor immediately.
In the event of injury to life, body or health, the statutory provisions apply.

7. Delivery upon sale

We accept no liability for deliveries on a specific date. All shipments, including any returns, are at the buyer's risk from the time the ordered goods are handed over to the carrier by the seller.

Shipping generally takes place from the Safety Academy warehouse in 59399 Olfen.

The buyer will bear the transport costs unless otherwise agreed in writing. The shipments are generally insured by the seller against damage and loss within the scope of the carrier's terms and conditions.

If the buyer refuses to accept the goods, the seller is entitled to reimbursement of the costs incurred. The seller's right to fulfill the purchase contract remains unaffected.

The seller reserves the right to fulfill the orders in several partial deliveries and assumes no liability for the complete delivery of the ordered items.

8. Damages and guarantee upon sale

The buyer must immediately report any transport damage to the carrier. If we receive a justified complaint in writing within 7 calendar days of delivery due to obviously defective goods together with the product in question, we will exchange the item promptly and free of charge. In the event of a warranty claim, the seller generally has the right to repair the item. A warranty claim occurs if the product in question actually has a production defect and the warranty card and proof of purchase are submitted to the seller with the product in question.

9. Withdrawal and return upon sale

If an order is withdrawn for which the seller is not responsible, or if an order is canceled due to late payment by the buyer, 20% of the original net order value will be charged. In addition, any costs incurred (e.g. postage or shipping costs) will be charged. Unaccepted or undeliverable shipments will be treated as withdrawals. In principle, freight forwarded shipments will not be accepted unless there is a written agreement regarding the process. The seller is not liable for errors that occur when accepting orders over the telephone or for those that arise from orders that are illegible.

10. Retention of title

By placing the order, the buyer assures that he has not made any oath of disclosure and that no bankruptcy or general enforcement proceedings have been opened against his assets or rejected due to lack of assets. The insurance is provided when the order is placed. If we incur damage as a result of incorrect insurance in this regard, this will result in criminal consequences (criminal charges for fraud).

If the seller incurs expenses as a result of incorrect insurance in this regard, the buyer undertakes, by placing the order, to compensate the seller for this damage in full. By placing the order, the buyer undertakes to provide the seller with a
Changes in his financial circumstances that could result in the buyer no longer being able to fulfill his obligations to the seller must be reported in writing immediately after they become known. All goods are sold by us under retention of title in accordance with Section 455 of the German Civil Code (BGB) and remain our property until fulfillment
all, including future, claims that we are entitled to against the buyer.

11. Payment Terms

Invoices are to be paid net immediately without deductions unless otherwise agreed. Discounts will not be accepted unless otherwise agreed.
Any subsequent changes to an invoice that are requested by the recipient will be invoiced at €25.00 unless the reason for the change is due to an error on the part of the Safety Academy.
If the payment deadline is exceeded, default interest of 10% above the applicable base interest rate in accordance with Section 247 of the German Civil Code (BGB) will be charged.

The right to claim further default interest remains reserved.

12. Place of Jurisdiction

The sole place of jurisdiction is the contractor's registered office (Waltrop/Recklinghausen).

13. Data Storage

Please note that business-necessary data, to the extent permitted by the Federal Data Protection Act (Section 26 BDSG), is stored and managed in the IT system.

14. Partial ineffectiveness

If individual parts are invalid, the remaining provisions remain valid. The ineffective clause should be replaced by a regulation that comes closest, legally and economically, to the intended purpose of the original provision.

15. Cancellations/Refunds

The cancellation of an order/seminar must be made no later than 1 week after the order was placed and before the seminar is activated. If an order is canceled on time, the buyer will receive a full refund. In the event of late cancellation, no refund will be made. If the seminar participant does not appear or does not pass a second attempt at the test, payment will not be refunded. For self-learning seminars/live video conferences, a refund is excluded from the time of activation.

16. Test/certificate/certificate of participation

The participant has two attempts to pass the test; if the second attempt is not passed, the participant will not receive a certificate/certificate of participation.

Status of these terms and conditions: November 2021