General Terms & Conditions
Contract Conditions for Purchase Contracts Concluded Via the Platform https://en.itech-progress.com
ITech Progress GmbH
D – 67059 Ludwigshafen am Rhein
Telephone: +49 621 595702 0
Telefax: +49 621 595702 99
– referred to hereinafter as the “Provider” –
the users of this platform as specified in § 2 of these General Terms & Conditions – referred to hereinafter as the “Customer(s)”.
§ 1 Scope
The business relationship between the Provider and the Customer is subject solely to the following General Terms & Conditions in the version valid at the time of the order. Diverging Customer conditions shall not be recognised, unless the Provider has expressly agreed to them in writing.
§ 2 Conclusion of a Contract
(1) Via the website https://en.itech-progress.com the Provider solely offers services in the form of open courses and training. Inhouse courses and training can not be booked via the website; only enquiries in this respect can be submitted using the form on the relevant page (link to the form).
To book open courses and training the Customer can select services from the range offered by the Provider and place them in a so-called shopping basket using the “Add to basket” button. By clicking on the “Book now” button the Customer submits a binding request to purchase the goods/services in the shopping basket. The Customer can view and edit the order data at any time prior to submitting the order.
(2) The provider then sends the Customer an automatic acknowledgement of receipt via e-mail with the subject line “Acknowledgement of your order via itech-progress.com”. The acknowledgement includes the details of the Customer’s order and can be printed by the Customer using the “Print” function. The Customer’s order (1) represents the offer for conclusion of a contract in respect of the respective content of the shopping basket. The acknowledgement of receipt (order confirmation) represents acceptance of that offer by the Provider. This acknowledgement summarises the content of the order. The text of the contract (consisting of the order, the Provider’s Terms & Conditions and the order confirmation) is sent by us to the Customer in this or a separate e-mail on a durable data medium (e-mail or paper printout). The contract text is stored in compliance with data protection stipulations.
(3) The contract is concluded in the following languages: German or English.
(4) Attendance and participation in one of the Provider’s training courses do not constitute a guarantee that the participant(s) will pass a possible certification examination.
§ 3 Fulfilment, Availability, Terms of Payment
(1) The service provision takes place with performance of the service ordered by the Customer as documented in the order confirmation (§ 2 (2) of these Terms & Conditions). Payment is due at the start of the service provision. Unless otherwise specified, this is the 1st day of a provided training course.
(2) Provision of the booked training courses is subject to achievement of a course-specific minimum number of participants. If the number of participants has to be restricted for organisational or didactical reasons, the registrations will be processed in the order in which they are received until the maximum number of participants is reached.
(3) If the service designated by the Customer in the order can only temporarily not be provided, the Provider shall notify the Customer of this without delay. If the service involved relates to a Provider’s training course, the Customer and the Provider can agree that the Customer will attend the course on the next date when it will be held. The Customer also has the right to withdraw from the contract. In this case the Provider is also entitled to rescind the contract. In such cases the Provider shall reimburse any payments already made by the Customer without delay.
(4) The following restrictions apply to provision of the services: The Provider only offers his online-services to Customers whose habitual place of residence (invoicing address) is within the European Union. Customers from countries outside the EU can request a quotation using the contact form.
(5) The Customer can pay by bank transfer following receipt of an invoice.
(6) Payment of the purchase price is due immediately on provision of the service. If the due date for a payment is specified as a calendar date, the Customer shall already be in default if payment is not made by this date.
§ 4 Prices, Terms of Cancellation
(1) All prices specified in the Provider’s online shop do not include the respectively valid rate of statutory Value Added Tax. Information on included or excluded Value Added Tax is provided with all price information.
(2) The Customer can cancel all contracts concluded via this website free of charge up to four weeks prior to the start of the respective training course. In the case of cancellations made up to three weeks prior to the start of the training, a cancellation fee of ten percent of the course fee will be billed to the Customer. In the case of cancellations made up to two weeks prior to the start of the training, fifty percent of the course fee will be billed to the Customer.
In the case of later cancellation or non-attendance the full course fee will be billed to the Customer. Naming of a substitute participant can take place free of charge if the substitute fulfils the prerequisites for participation. The Provider reserves the right to cancel for organisational reasons.
Cancellation must in all cases be notified in writing (e-mail or letter post). The date of dispatch by the Customer shall be decisive.
§ 5 Copyright
All rights, including translation, reprinting and reproduction rights in respect of the training documents provided to the course participants, or parts thereof, remain with the Provider. No part of the documents may in any form, including for instruction or training purposes, be reproduced, or in particular processed, replicated or distributed using electronic systems or used for public reproduction, without the written permission of the Provider.
§ 6 Quality Defects Warranty
(1) The Provider shall be liable for quality defects in accordance with the relevant statutory regulations, in particular §§ 434 ff. of the German Civil Code (BGB). The period of limitation for business customer claims based on defects in deliveries made by the Provider is 12 months.
§ 7 Liability
(1) Customer claims for compensation are excluded. This shall not apply to Customer claims for compensation in conjunction with loss of life, bodily injury, damage to health or arising from a breach of significant contractual obligations (cardinal obligations), or liability for other damage resulting from a wilful or grossly negligent breach of an obligation on the part of the Provider or a legal representative or vicarious agent of the Provider. Significant contractual obligations are obligations whose fulfilment is necessary for achieving the objective of the contract.
(2) In the case of a breach of significant contractual obligations the Provider shall only be liable for foreseeable damage typical for this type of contract if such damage has been caused by simple negligence, unless the Customer’s claim for damages results from loss of life, bodily injury or damage to health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the Provider’s legal representatives and vicarious agents if claims are made directly against them.
(4) The stipulations of the German Product Liability Act remain unaffected.
§ 8 Processing of Customer Data
(1) The Provider collects Customer data during the processing of contracts. When doing so, the Provider in particular complies with the stipulations of the German Federal Data Protection Act and the German Telemedia Act. Without the consent of the Customer the Provider will only collect, process or use Customer user and usage data to the extent necessary for managing the contractual relationship and for the use and invoicing of telemedia.
(2) Without the consent of the Customer the Provider will not use Customer data for advertising, marketing or opinion research purposes.
§ 9 Final Provisions
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and international private law.
(2) Where the Customer is a businessperson, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the location of the Provider’s registered head office.
(3) Should individual provisions of this contract be or become legally ineffective, the remaining provisions shall continue to apply. The ineffective provisions shall be replaced by the statutory provisions, where available. If this would represent an unreasonable hardship for one of the contractual parties, the entire contract shall, however, become ineffective.