*Translated version

General Terms and Conditions (GTC) of Heitland Innovation 

1. Applicability of the general terms and conditions

1.1 All services of Heitland Innovation GmbH (hereinafter also companies) are provided exclusively on the basis of the respective contractual agreement and in addition to these general terms and conditions (GTC). Conflicting or deviating conditions are excluded and do not oblige us, even if they are not expressly contradicted.

1.2 If and insofar as nothing else is expressly stipulated in these General Terms and Conditions, these apply equally to business transactions with consumers and entrepreneurs (hereinafter also referred to as the customer). Consumers are all natural persons who conclude a legal transaction for purposes that are predominantly neither commercial nor independent professional activity can be attributed, § 13 BGB. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity, § 14 paragraph 1 BGB.

1.3 Our terms and conditions also apply to all future business with the customer.

1.4 The processing of personal data is carried out in accordance with our data protection regulations and can be accessed here https://www.websitepolicies.com/policies/view/0thUJZ18 .

2. Conclusion of contract

2.1 A contract is concluded when the company accepts the general offer of the customer, advice in professional and private decision-making situations (coaching).

2.2 The company is entitled to refuse a contract without giving reasons if the required relationship of trust cannot be expected, if it cannot coach or advise due to its specialization or for legal reasons, or if there are reasons that lead to conflicts of conscience could bring. In this case, the company's fee entitlement for services rendered up to the refusal of advice is retained.

3. Content of the service contract

3.1 The company provides its services to the customer in such a way that it uses its knowledge and skills for advice, training and coaching / support. The company is entitled to use the methods that correspond to the presumed will of the customer, unless the customer makes a decision.

3.2 A subjectively expected success of the customer cannot be promised or guaranteed. The subject of the contract is therefore the provision of the agreed coaching or training service, not the achievement of a specific goal of the customer.

4. Prices

4.1 All prices are in euros and include the applicable statutory value added tax. The price at the time the contract is concluded applies. The invoice amount is due for payment without deduction upon receipt of the invoice by the customer. Payments must be made to one of the accounts mentioned on the invoice. In particular for payments from abroad, all additional costs are to be borne by the customer, e.g. Bank fees for currency conversion and transfer fees.

4.2 Any (additional) costs incurred by the customer, such as travel and / or accommodation, are not included in the price. Costs are to be settled by the customer directly with his contact person.

5. Involvement of the customer

5.1 The customer is not obliged to actively participate. In most cases, advice is only useful if the customer is actively involved. This applies in particular to the provision of the necessary information as a basic requirement for coaching or training as well as for active participation in other methods.

5.2 The refusal of an advised or necessary medical examination can also determine the continuation of further advice in the interest of the customer.

5.3 The company is entitled to terminate the consultation if the trust is no longer given, especially if the customer

No coaching or training content.

The customer also has the right to end the consultation if the trust is no longer there. This must be done in good time - at least one week before the next agreed consultation date and in writing.

6. Scope of services / fees

6.1 The company is entitled to a fee for its services. If the fees have not been individually agreed between the company and the customer, the rates listed in the company's price list as a subscription / offer - order - invoice apply. All other fee lists or directories do not apply.

6.2 The fees are payable in accordance with section 4 of these general terms and conditions.

6.3 In the case of agreed appointments not used, the customer irrevocably undertakes to pay the cancellation fee in the amount of 100% of the appointment fee. The default fee is payable immediately without notice. The above payment obligation does not apply if the customer cancels 24 hours before the start of the agreed date or is not at fault, e.g. in the event of an accident, prevented from appearing.

In these cases, an alternative appointment is agreed. The company may be required to provide proof that the participant has not appeared through no fault of his own.

6.4 Dates that have to be canceled by the company will not be charged to the customer. In such a case, the customer has no claims against the company. This does not owe any reasons.

6.5 If a coaching or training appointment is arranged outside of the practice location, the company will add. reasonable travel and accommodation costs, if applicable, will be charged.

7. Confidentiality

7.1 The company treats the customer's data confidentially and provides information regarding the content of the discussions and exercises, as well as their accompanying circumstances and the customer's personal circumstances, only with the customer's express written consent. The written form can be waived if the information is in the interest of the customer and it can be assumed that the customer will agree.

7.2 Section 7.1 is not applicable if the company is required by law to pass on the data, for example in the case of criminal offenses or by official or judicial order. This also applies to information to persons with legal guardianship, but not to information to spouses, relatives, family members, colleagues or superiors.

7.3 Section 7.1 is also not applicable if personal, economic or liability-related attacks against the company or its professional practice take place in connection with the advice, training and prevention and it can be relieved by the use of relevant data or facts. Furthermore, if the company's fee claim is contested.

8. Disclaimer of liability

8.1 Liability of the company, for whatever legal reason, is excluded, unless the damage is based on intent or gross negligence or on the simple negligent breach of essential contractual obligations. "Essential contractual obligations" are those obligations that protect the contractual legal positions of the customer, which the content of the contract has to grant him; Also essential are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractor regularly trusts and may trust. In cases of simple negligence, the amount of any claim for damages is limited to the contract-typical, foreseeable damage. The above provisions on limitation of liability apply mutatis mutandis to the liability of our representatives / organs and employees / vicarious agents or to attributed fault according to § 278 BGB.

The above limitations of liability do not apply to claims by the customer in the event of injury to life, limb and health, or to claims under the Product Liability Act.

8.2 The company requires that the customer has no health concerns. By registering, the customer makes a binding declaration that there are no health risks.

9. Right of withdrawal for consumers

If a customer is a consumer, he has a fortnightly right of withdrawal. Customers who act as entrepreneurs within the meaning of Section 1 (2) of the General Terms and Conditions have no right of withdrawal.

Right of withdrawal

The customer (consumer) has the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days. The cancellation period begins with the conclusion of the contract, Section 355 (2) BGB n.F. However, the cancellation period does not begin until the customer has not been fully informed about his right of cancellation.

In order to exercise the right of withdrawal, the customer needs the company

Heitland Innovation GmbH

Address: In den Braken 48, 33334 Gütersloh

Telephone +45 22457141

Email: jens.heitland@heitlandinnovation.com

inform them of their decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

In order to meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation

If the customer withdraws from this contract, the company must repay all payments received from the customer immediately and at the latest within fourteen days from the date on which the company received the notification of the cancellation of this contract. For this repayment, we use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged for this repayment.

10. Applicable law / place of jurisdiction

10.1 The law of the Federal Republic of Germany applies to the business relationship between us and the customer.

10.2 We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

10.3 The place of jurisdiction is the seat of Heitland Innovation GmbH in Gütersloh or, at our option, the seat of the customer insofar as this merchant, a legal entity under public law or special fund under public law.

10.4 If individual provisions of the contract with the customer, including these General Terms and Conditions, are or become ineffective in whole or in part, or if there is or is a gap in the contract, this does not affect the validity of the remaining provisions. The entire or partially ineffective or incomplete regulation should be replaced or supplemented by a regulation that comes as close as possible to the economic goals intended by the contracting parties.

Customer's consent Exclusion or premature expiry of the right of withdrawal

I expressly request and at the same time agree that you should start the service ordered before the cancellation period expires. I know that my right of withdrawal expires at the start of the execution of the contract and upon full fulfillment of the contract.

Last change: 07.07.2020

* This is a translated version therefore the German version  https://www.heitlandinnovation.com/agb is legally binding.