Impressum – Legal Disclosure
born to run knowledge GmbH
Fon 0261-16000 200
CEO: Achim Wiedemann
Image and video sources:
Thanks to Artur Lik from Koblenz for his great works.
Thanks to Silvia Steinbach from Cologne for capturing great moments.
Thanks to werdewelt GmbH from Mittenaar-Bicken for the creativity.
Thanks to Rudi Mertens from Neuwied for directing the crazy people.
Thanks to Fabienne Hansen, our Steven Spielberg of creativity.
Thanks to Werner Feldmann from Bodenheim for the brilliant face-it session!
Thanks to The Edge - New York City!
The general terms and conditions of born to run knowledge GmbH are divided into the following areas:
A. General conditions
B. Conditions for lectures, seminars, training and advice
C. Conditions for goods and products
A. General conditions
§ 1 General - scope
1. The following general terms and conditions apply to all business relationships between us and the customer. The version valid at the time the contract is concluded is decisive.
2. Consumers in the sense of Terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneur i.S.d. Terms and Conditions are natural or legal persons or partnerships with legal personality, with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity. Customer i.S.d. Terms and conditions are both consumers and entrepreneurs.
3. Deviating, conflicting or supplementary general terms and conditions do not become part of the contract, even if they are known, unless their validity has been expressly approved in writing.
§ 2 conclusion of contract
1. Our offers are subject to change. Technical and other changes remain reserved within reason.
2. With the order, the customer declares his contract offer binding. We will immediately confirm receipt of the customer's order. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
3. We are entitled to accept the contract offer contained in the order within one week of receipt. This can also be done by sending the invoice and the goods ordered. We are entitled to refuse to accept the order - for example after checking the customer's creditworthiness.
4. The conclusion of the contract is subject to the reservation that in the event of incorrect or improper self-delivery, not or only partially. In the event of unavailability or only partial availability of the service, the customer will be informed immediately. The consideration will be refunded immediately.
5. Support services will only become part of the contract if there is a separate agreement.
6. We save the emails and documents that form the basis of the contract.
§ 3 Withdrawal
If the customer is a consumer, the following applies:
Right of withdrawal:
You can cancel your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the matter is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in the case of the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB and our obligations in accordance with Section 312g (1) sentence 1 BGB in conjunction with Article 246 Section 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to:
born to run knowledge GmbH
In the event of an effective revocation, the services received on both sides must be returned and any benefits used (e.g. interest) surrendered. If you cannot return or return the received performance and uses (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us for the value. This can lead to you nevertheless having to fulfill the contractual payment obligations for the period up to the revocation. You only have to pay compensation for the deterioration of the item and for the use made, insofar as the use or the deterioration can be attributed to handling the item that goes beyond checking the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the thing to be returned does not exceed an amount of 40 euros or if you have not received the consideration or a higher price of the thing at the time of the cancellation have made a contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.
In the case of a service, your right of withdrawal expires prematurely if, at your express request, you and Born to run kowledge GmbH have completely fulfilled the contract before you have exercised your right of withdrawal. End of revocation
Exclusion of revocation:
The right of withdrawal does not exist for distance contracts
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature.
for the delivery of audio or video recordings or software, provided the data carriers supplied have been unsealed by the consumer or
for the delivery of newspapers, magazines and magazines
§ 4 Limitation of liability and exemption
1. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable to entrepreneurs in the event of slightly negligent violation of insignificant contractual obligations. In any case, liability remains limited to the amount paid for the underlying service, unless there are legal regulations to the contrary.
2. The above limitations of liability do not affect the customer's claims arising from product liability. Furthermore, the liability restrictions do not apply to physical and health damage attributable to us or if the customer's life is lost.
3. As far as we enable access to other websites with links, we are not responsible for the external content contained therein. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will block access to these pages immediately.
4. The customer indemnifies us from all disadvantages that can arise for us through third parties due to damaging actions of the customer - regardless of whether intentionally or negligently.
§ 5 data protection
1. The customer is aware of the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders as well as his right to object to the use of his anonymized user profile for the purposes of advertising, market research and the needs-based design of the service have been informed in detail (see D. Data protection information).
2. The customer expressly consents to the collection, processing and use of personal data. He has the right to withdraw consent at any time with future effect.
§ 6 final provisions
1. The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the lawsuit is filed.
3. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this does not affect the validity of the remaining provisions. The completely or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective one.
B. Conditions for speeches, seminars, training and advice
§ 1 fees and costs
A daily or flat fee is agreed for speeches, seminars, training courses and consultations.
Basically, for seminars and conferences, organized by born to run knowledge GmbH, a catering fee (coffee breaks and lunch) of € 49 per seminar day is charged per conference or seminar participant.
In addition and after consultation with the customer, the use of technical assistants, audio-visual shows, films, video spots, auditory case studies, etc. a., calculated. Travel and subsistence costs for lecturers are calculated separately. For journeys by car, € 1.00 per km driven will be charged.
All services are subject to VAT.
The agreed fees, as well as costs incurred, will be invoiced before the service is performed and must be paid at least 4 weeks before the service. Costs such as expenses and travel expenses will be invoiced after the service has been performed and are to be paid immediately without any deductions. Offsetting and retention rights against due payment claims are excluded. There is no entitlement to attend an event if no payment has been made
§ 2 cancellation
A registration / booking can be canceled by the customer without fee up to 60 days before the start of the event. In the event of cancellation within 60 days before the start of the event up to and including 30 days before the start of the event, we charge 50% of the agreed fee. When calculating the above deadlines, the day of the event is not counted. After that, or if the participant does not show up, the full fee will be charged. Any expenses already incurred will be invoiced in any case. We reserve the right to cancel for organizational and technical reasons (e.g. if the minimum number of participants depending on the type of event is not reached or the speaker / lecturer fails for a short time). In the event of a cancellation by us, we will try to rebook you to another date and / or another venue, provided you agree to this. Otherwise you will get your paid fees back. You are entitled to send a suitable replacement participant in your place. In any case, a cancellation must be made in writing, fax is sufficient. Verbal cancellations are invalid. In the event that a seminar or training is canceled due to circumstances for which Born to run kowledge GmbH is responsible and an alternative event and / or an alternative date is not agreed, Born to run kowledge GmbH will reimburse the fees paid. Further claims are excluded. This does not apply to deliberate and grossly negligent breaches of duty by Born to run kowledge GmbH or deliberate and grossly negligent breaches of duty by a legal representative or vicarious agent of Born to run kowledge GmbH.
§ 3 Copyright
Any documents handed over in connection with a lecture, seminar etc. are protected by copyright and may not - not even in part - be reproduced without the consent of Born to Run Knowledge GmbH, in particular processed, reproduced, distributed or used for public reproduction using electronic systems. The customer (s) or his participants are not authorized to copy license material that is handed out for training purposes or to make it accessible to third parties. Licensed material is data processing programs and / or licensed databases (databases) in machine-readable form, including the associated documentation. Film and sound recordings must be approved by Born to run kowledge GmbH.
§ 4 Training success / webinars
We are not liable for training success.
Webinars may be recorded in whole or in part in image and sound, for example in order to make this recording available to participants who are unable to do so. This also records chat and speech contributions from customers and it can be seen from the name given in the list of participants that they have participated. Subsequent "cutting out" of such speeches is not possible for technical reasons.
C. Conditions for goods and products
§ 1 retention of title in the online shopping contract
1. For consumers, we reserve ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full.
2. The customer is obliged to treat the goods with care.
3. The customer is obliged to notify us immediately of third-party access to the goods, for example in the event of a seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of a change of ownership of the goods as well as a change of residence.
4. We are entitled to, in the event of behavior contrary to the contract by the customer, in particular in the event of delayed payment or in the event of a breach of an obligation under para. 2 and 3 of this provision to withdraw from the contract and to demand the return of the goods.
5. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice amount that accrue from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations properly and is in default.
§ 2 remuneration
1. The price offered is binding. Legal sales tax included in the price. When shipping by mail, the price is plus shipping costs. In the case of delivery abroad, the customer bears any import duties, taxes and fees incurred. These are not shipping costs. By choosing delivery by email, the customer does not send a paper invoice and instead receives a PDF invoice. PDF invoices are not recognized by tax authorities as proof of input tax refund, which is disadvantageous for corporate customers. A flat fee of € 5.00 will be charged for the subsequent creation and sending of a paper invoice. The customer does not incur any additional costs when ordering by using the long-distance communication means. The customer can pay the price by bank transfer, direct debit or invoice. We reserve the right to exclude individual payment. 2. The customer undertakes, unless payment in advance has been agreed, to pay the price within 10 days of receipt of the service. After this period the customer is in default of payment. During the delay, the consumer has to pay interest on the monetary debt of 5% above the base rate. During the delay, the entrepreneur has to pay interest on the monetary debt in the amount of 8% above the base rate. We reserve the right to demonstrate and assert higher default interest damage to the entrepreneur.
3. The customer has the right to offset only if his counterclaims have been legally established or have been recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
4. In the case of a direct debit (for example due to insufficient funds in the account), we charge € 15.00 per direct debit for the processing costs incurred plus the bank and service provider fees incurred.
§ 3 transfer of risk
1. For consumers, the risk of accidental loss and accidental deterioration of the goods sold also passes to the consumer when the goods are dispatched when the goods are handed over.
2. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the entrepreneur when the goods are handed over, or in the case of mail order purchases when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.
3. When downloading and sending data via the Internet, the risk of loss and modification of the data passes to the customer when the network interface is exceeded.
4. The handover is the same if the customer is in default of acceptance.
§ 4 warranty
1. Consumers have the choice of whether the supplementary performance should take the form of rectification or replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of software, the replacement delivery can be made at the option of the entrepreneur by email or by CD. In the case of entrepreneurs, we initially provide warranty for defects in the goods at our option by means of rectification or replacement delivery.
2. If the supplementary performance fails, the customer can in principle choose between a reduction in the remuneration (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. If the customer chooses compensation instead of performance, the liability restrictions according to A.
§ 3 prov.
1 and 2. If the defects are only minor, the customer has no right of withdrawal.
3. Entrepreneurs must notify us of obvious defects in writing within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time the defect was discovered and for the timely notification of the defect.
4. The warranty period for consumers is two years from delivery of the goods. The warranty period for entrepreneurs is one year from delivery of the goods. The warranty period for used items is one year from delivery of the goods. The one-year warranty period does not apply if we can be blamed for gross negligence, in the case of physical and health damage attributable to us and in the event of loss of the customer's life. Our liability under the Product Liability Act remains unaffected.