Section 1: Area of Application
The delivery of all our products for the carrying out of training sessions and consultation for personality and organizational development takes place without exception based on the following general sales and delivery conditions within their context valid at the time of placement of orders. With the placing of his purchase order, the buyer declares himself in agreement with the basis of this contract. Terms of purchase by the buyer are hereby declared invalid. These will also not be recognized in case we do not once again expressly declare them invalid after receipt.
Section 2: Contractual Partner / Bidder Designation
The buyer's contractual partner is:
persolog GmbH
Königsbacher Strasse 51
75196 Remchingen
Germany
Section 3: Conclusion of Contract
1. The illustration of products in the online shop – as well as in the printed catalog – do not constitute a binding choice of products.
2. The buyer is obligated to give only truthful details when registering (logging on). The buyer must report changes to data important for our business relationship (e.g., name, address, e-mail address, consumer characteristics) without delay, or at least before the next purchase order. In the event that false information is provided to us, we reserve the right to withdraw already concluded contracts and to block the buyer from our online shop.
3. With his online purchase, the buyer bindingly declares that he would like to purchase the contents of his shopping cart (contract offer). We reserve the right to accept this contract offer in whole or in part within the terms of delivery given by us through delivery of the goods, separate acknowledgement of order, or in other ways. When the buyer places a purchase order with persolog® he will be sent an e-mail which confirms receipt of the order by us and which lists order details (order confirmation). This order confirmation does not represent acceptance of the tender, but rather simply provides information that we have received the order. A sales contract only comes into effect when we dispatch the product ordered to the buyer. We are in no way obligated to accept purchase orders.
4. The buyer ensures that he can be reached at the e-mail address given by him. Should the receipt of e-mail be hindered through the forwarding or shutdown of his account or his mailbox being full, we retain the right of cancellation.
5. In the case of orders by phone, we can make the conclusion of contract dependent upon a written confirmation of the order by the customer.
6. In cases of discrepancies between the purchase order and confirmation of the order, our declaration takes precedence insofar as the discrepancy is not seen to constitute a new purchase order.
7. The buyer receives a password for his access to our online shop. He obligates himself to handle that password confidentially and to not allow it to become accessible to unauthorized third parties. We assume no liability for the misuse of a password caused or made possible by the buyer.
8. Neither error-free nor uninterrupted data communication via the Internet can be guaranteed given the current state of technology. Liability by persolog® for the continuous and uninterrupted availability of its online trading system as well as for technical or electronic errors during a sales session is therefore ruled out.
9. Obvious mistakes and spelling, printing or arithmetical errors made in the presentation of an offer or in the context of a contract confirmation are not binding for us.
10. You have the option of concluding the purchase contract in German or in English.
Section 4: Information on the right to revocation
Right to revocation
You have the right to revoke your contract declaration within two weeks by using our cancellation form
or by express declaration of cancellation stating the grounds for cancellation or – if the item has been delivered to you before the revocation deadline – by returning the item. The revocation period commences upon receipt of the goods by the recipient (for repeat delivery of the same goods it does not commence until receipt of the first partial delivery). Moreover, the revocation deadline does not commence until fulfillment of our information obligation in accordance with section 246 (2) in connection with section 1 (1 and 2) of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch - EGBGB) as well as our obligations in accordance with section 312g (1) sent. 1 BGB of the German Civil Code (Bürgerliches Gesetzbuch, BGB) in connection with section 246 (3), EGBGB. Sending the revocation or returning the goods in a timely manner shall be deemed sufficient for compliance with the revocation deadline. Any revocation is to be addressed to: persolog GmbH, Königsbacher Straße 51, 75196 Remchingen, Germany, e-mail: mail@persolog.com, fax: + 49 (0)7232-3699-44.
Revocation consequences
In case of a valid revocation, all mutually received services in the form of goods supplied and, if applicable, emoluments taken (e.g. interest), are to be returned.
Goods delivered: If you are unable to restore or return to us, in full or in part, any services or products received, and any benefit derived therefrom (e.g. amenities and advantages of use) or can only return them in a deteriorated state, you are liable to compensate us accordingly. You are only liable to pay compensation for deterioration of the services or products received and benefits derived therefrom if the benefits or deterioration is the result of handling the goods beyond the scope of testing features and functions. The “test of features and functions” refers to examining and trying out the goods in question in the same way it is possible and customary to do so in a retail shop. Goods that can be shipped by parcel are to be returned at our risk. You are obliged to bear the regular costs of the return shipment if the goods delivered correspond to those ordered. Reimbursement of payment obligations must be fulfilled within 30 days of the declaration of revocation. The reimbursement obligation period commences for you when you have sent your declaration of revocation or the good and for us when we have received it.
Services: This may mean that you must nonetheless still fulfill the contractual payment obligations for the period until revocation. Obligations to reimburse payments must be fulfilled within 30 days. The reimbursement obligation period commences for you when you have sent your declaration of revocation and for us when we have received it.
End of the right to revocation information
The right to revocation does not exist for distance contracts, including materials
that have been produced according to customer specifications or
that have been clearly tailored to personal needs or
which, by reason of their properties, are not suitable for return or
in the form of audio or video recordings or of software if the seal on the data carriers delivered has been broken by the consumer.
General Information
1. Please avoid damaging and/or contaminating the goods. Please make every attempt to return the goods in their original packaging with all accessories and all packaging components. Please repack them for more protection if necessary. If you have not retained the original packaging please ensure the goods are suitably packaged to provide sufficient protection against any damages that could occur in transportation.
2. Please make every attempt not to return the goods to us with postage unpaid. We would also be happy to send you the funds to cover the shipping costs in advance upon request, unless such costs are to be borne by you.
3. Please note that the above numbers 1-2 are not conditions for exercising the right to revocation with effect.
Section 5: Modifications Proviso / Technological Advances
1. Our products are being constantly upgraded and improved. There can therefore be changes made at short notice as regards sales data about features and price.
2. If orders are carried out under the changes mentioned in Paragraph 1, the buyer may back out of the contract; this withdrawal from the contract must be stated to us in written form within a period of one week after the buyer received, or could have received, knowledge of these changes. The means of telecommunication laid out in Section 4, Paragraph 1 are to be used.
3. All images used by us in order to portray goods are simply photographic examples. They do not necessarily portray the relevant article in every case true to life, but rather serve to illustrate. The description of the article is relevant.
4. Drawings, illustrations, technical data, weights, measures and goods and services descriptions are to be understood as approximate values and are only then binding when they are expressly indicated by us in written form. Details of the nature of goods are only then guaranteed as stated in Paragraph 443 BGB (Book of German Civil Law) when the appropriate guarantee is stated by us in written form. The state of an article before its release remains subject to change insofar as the quality of the goods is not affected or is only minimally affected.
Section 6: Delivery / Force Majeure
1. Your purchase order will be processed by us immediately upon receipt. Normally your order will be delivered between 1-3 business days following receipt of the order. Standard business days are those at the offices of persolog®.
2. Delivery is made subject to availability of goods. If the work ordered has not yet been released, the order, when possible, will be made note of. For works that are out of stock, the buyer has a choice between canceling the order and having his order noted down for possible reprints or new editions. In any case, he will be notified without delay as to the unavailability of an article. In case of non-delivery, any prepayments will be returned to buyer without delay.
3. Temporary shipping delays based on causes of forces majeures (e.g., war, trade restrictions, strikes, traffic delays, natural catastrophes) and other unforeseeable events for which we cannot be held accountable give us the right to postpone delivery until after such causes have been eliminated. We will inform the buyer forthwith about the presence of such hindrances. If such hindrances exist for more than two weeks beyond our regular delivery date, both the buyer and we have the right to withdraw from the contract following the setting of an appropriate deadline.
4. Claims for compensation by the buyer due to late delivery or non-delivery are excluded.
5. The buyer agrees that the postal services, especially Deutsche Post AG, may provide persolog® with their correct address in the event that a postal item cannot be delivered to the address given (Section 4 of the Postal Services Data Protection Act).
Section 7: Prices and Additional Expenses
1. All prices are understood – unless otherwise stated – to include the lawful applicable VAT in the Federal Republic of Germany in each case. In case of a change in VAT made between the times of ordering and delivery, the VAT applicable at the time of delivery is to be paid. In cases of delivery to a country that is not a member of the European Union, the price will be reduced by the amount of the German VAT. In this case, however, the buyer bears the cost upon import of existing customs and import duties. He releases us in this respect from any and all claims.
2. When updating our Web site, all prior prices and other details regarding our goods become invalid.
3. When making simultaneous orders for specific amounts of our products we grant the prices shown in the sliding scale.
4. Shipment within the Federal Republic of Germany: When ordering less than a gross product value of EUR 50.00, we charge a flat fee of EUR 4.20 plus VAT for packaging and shipping.
5. Shipment to Austria: When ordering less than a gross product value of EUR 50.00, we charge a flat fee of EUR 12.00 plus VAT for packaging and shipping. When ordering a gross product value of more than EUR 50.00, a reduced flat fee of EUR 7.10 plus VAT will be charged.
6. Buyers outside Germany and Austria: Send your inquiries to mail@persolog.com and we will send you a detailed offer including delivery date and product/shipping costs. We will not ship the products until an offer has been accepted.
7. Should we make partial deliveries at the wish of the buyer, he shall bear all additional costs hereby affected.
Section 8: Conditions of Payment
1. Payment may be made via invoice, Paypal or credit card (MasterCard or Visa). Your credit card or Paypal account will be charged at the conclusion of the order. A payment is considered to have been made as soon as we can dispose of the amount paid.
2. Upon submission of the bill without discount or other deductions, all deliveries are to be paid at once or by the due date shown on the bill. According to Section 286, Paragraph 3 BGB (Book of German Civil Law), a bill is in arrears if it has not been paid or equivalent arrangements made for payment within 30 days of submission and due date of the bill. When making payment we implicitly request that the invoice number be given. In case of disagreements between the parties regarding receipt of the bill, the debtor, who is not a consumer, falls into arrears at the latest 30 days after due date and receipt of return favor.
3. Should the orderer default payment, persolog® has the right to levy an interest on arrears in the amount of 5 percentage points (for businesses 8 percentage points) above that of the European Central Bank's announced per annum base interest rate. In the event that higher damages caused by delay in payment are demonstrably incurred by persolog®, persolog® has the right to claim these costs.
Section 9: Right of Retention
The buyer can exercise a right of retention only if his counterclaim is based on the same contractual relationship. The buyer is entitled to a right of charging to account only when his counterclaim has been legally established or recognized by us. Furthermore, he is only allowed to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Section 10: Default of Acceptance
1. For the length of the default of acceptance by the buyer we reserve the right to put the goods into storage at the buyer's risk and expense. We can in this case make use of a shipping agency or warehouse keeper. Storage costs will be charged monthly at a flat rate of 1 percent of the net invoice value of the stored goods, though at no more than a maximum of EUR 25.00. We reserve the right to verify actual higher costs and to bill for these. The buyer is entitled to prove that little or no storage costs have been incurred.
2. Should we withdraw from a contract due to delay of acceptance by the buyer, we reserve the right, upon presentation of further legal conditions, to charge a flat rate of indemnity in the amount of 25 percent of the agreed upon net invoice value. The assertion of actually higher damages remains our right. The buyer is entitled to prove that little or no damages have occurred.
Section 11: Reservation of Property Rights
1. The products sold remain our property until such time as the complete fulfillment of all claims that the customer has of us in our business connection have been carried out.
2. All claims from the sales of products for which we own property rights, including all subsidiary rights, the customer hereby cedes to us. We assume this ceding as of now.
3. The customer is authorized to have, in the regular course of business, products at his disposal to which we have rights of ownership or over which we have claims of entitlement. We can cancel this authority at any time. It expires especially in the case of suspension of payment by the customer.
4. In the case of association of goods subject to retention with other goods, we retain co-ownership of the new item in proportion to the invoice value or our goods in relation to the invoice value of the other associated goods. The buyer will maintain for us the goods subject to retention and/or the item held in co-ownership free of charge. Pledges of goods or transfer by way of security regarding the goods to which we have (co-)ownership are not allowed. In case of access to these goods by third parties, the buyer will point out our ownership of them and notify us immediately.
Section 12: Complaints
1. Apparent deficiencies in goods must be reported to us in written form immediately following delivery; otherwise the seller's warranties in this regard are inapplicable. Apparent as well as hidden transport damages must be communicated to the shipping agent and made record of as soon as possible. In case of substantial damage in transit, acceptance of the consignment is to be refused. For every reproach regarding damages, the goods objected to are to be sent back, accompanied by their complete accessories as well as by a copy of the delivery note or invoice delivered with the goods. A precise description of the defect(s) must also be included. The goods are to be returned in their original packaging or else in other appropriate packaging. This arrangement is without influence upon the legally existing warranty: in particular there is no abridgement of the legal statutory period of limitations.
2. If the buyer does not specify in his notification of damages the type of supplementary performance desired, then the choice is ours. If the buyer has failed to include the complete accessories when returning defective goods, he will be charged additionally for these at their retail price in the case of a subsequent delivery with corresponding accessories. Replaced goods or parts become our property. Should the buyer withdraw from a sales contract due to defect, unreturned delivery components will be deducted from our credit memo at retail price.
3. Should a complaint of deficiency prove to be unjustified, we shall send the goods objected to back to the buyer. The costs, including the cost of inspecting the product, are borne by the buyer. We reserve the right to charge a flat rate of EUR 50.00 as compensation for special expenditure. The enforcement of an in fact higher charge remains our right. The buyer is entitled to prove that our special expenditure was actually less. We can make the return of goods dependent upon the payment of our invoice.
4. No warranty will be taken over for damages caused by improper or inapt use.
5. Should the goods be further used despite knowledge of a defect, we assume responsibility only for the original defect, but not for those deficiencies caused by further use.
Section 13: Liability
We are liable for unlimited compensation for breaches of contractual and non-contractual duties in cases of fraudulent intent, premeditation or gross negligence. Liability for negligence is excluded. Our liability according to product liability laws through a guarantee or for personal injury remains unaffected by this.
Section 14: Licensing
Insofar as software belongs to the scope of supply, this is ceded to the buyer solely for his own use, i.e., he may neither copy it nor allow others to use it. A multiple or transferable right of use requires a special agreement in written form. Otherwise, the rights of the buyer are according to licensing terms of the relevant manufacturer or licensor to whose observance and adherence the buyer hereby agrees.
Section 15: Place of Jurisdiction / Applicable Law
1. German law shall hold for legal relations between the buyer and persolog GmbH, without reference to provisions of international law and excluding UN sales law (CISGG). If the buyer is also the user, law at the place of buyer's dwelling can also apply, to the extent that mandatory provisions related to consumers' rights are involved.
2. If the buyer is also seller, Remchingen is the exclusive place of jurisdiction for all claims in connection with business relations.
Section 16: Data security
Personal information used to fulfill the contractual obligations entered into by the customers is obtained and processed in accordance with the regulations of the Federal Data Privacy Law (BDSG) and the Telecommunications Media Law (TMG). persolog GmbH, Königsbacher Str. 51, 75196 Remchingen, is responsible for the proper use of personal data. persolog GmbH is permitted to convey the personal information only to contractors who have been empowered to fulfill the contract and who use this data according to the instructions of persolog GmbH. Information that is no longer needed to fulfill the original purpose and which is not subject to a legal retention period, will be deleted. The customer has at all times the right to disclosure, correction, blocking and deletion (unless a legal requirement for retention exists) of his personal data. A request for disclosure must be made in written form.
Section 17: Intellectual Property Rights
persolog® is a protected trademark of persolog GmbH.
Section 18: Special Conditions in Export for Business Orders
In export, the International Commercial Terms (Incoterms 2000) are in effect for business orders, at variance with prior versions, namely in accordance with the following:
1. For the delivery of packages, Incoterm 2000 "EXW" applies. This means that persolog® is freed of all costs for the shipping and handling of goods. The transfer of risk to the importer takes place directly from the headquarters/branch of persolog®. The importer ships the goods completely at his own cost.
2. Incoterm 2000 "FCA" applies for the delivery of goods on palettes. The transfer of cost and risk occurs from a place of lading determined by persolog®. The cost of shipping is borne by the importer. This applies to all means of transport.
Section 19: Separability Clause
Should one of the afore-mentioned clauses be ineffective in whole or in part, its ineffectiveness will have no bearing on the other clauses or parts thereof.
Section 20: Contact
We are available to our customers by telephone weekdays from 09:00 to 17:00 (CET) at +49 (0) 7232/3699-10 (order phone). At other times, an answering machine is switched on, upon which messages may be left (giving your Customer/Trainer Number will help to avoid misunderstandings!). Additionally, our Web shop (www.persolog-webshop.com) is at your disposal. Fax orders are available at all times at +49 (0) 7232/3699-44.