Terms of Service
Practical training in food safety
For reasons of easier legibility, groups of people are named in a neutral form (participant, customer), whereby m/f/d people are always meant.
§ 1. Scope
(1) For the contractual relationships between Jennifer Ziegler, Praxistrainings-Lebensmittel Sicherheit, Kösters Kamp 11, 31840 Hessisch Oldendorf (hereinafter: "Trainer") and the customer regarding training, these General Terms and Conditions (hereinafter: "GTC") apply exclusively in the current version at the time of the conclusion of the contract. The customer is a company that buys training for its employees (hereinafter: "participants").
The term "training" includes training and knowledge content that is conveyed to the participant in various ways, for example as e-learning, online courses, blended learning courses or face-to-face courses.
(2) Additions and amendments to the agreements made, including these GTC, must be in text form to be effective. Telecommunications transmission, in particular by e-mail, is sufficient to maintain the text form.
(3) Deviating terms and conditions of the customer as well as changes and additions to these terms and conditions require the prior written confirmation of the trainer to be valid.
(4) Only entrepreneurs can conclude a contract according to these General Terms and Conditions. According to § 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
(5) Consumers cannot conclude a contract based on these GTC. According to Section 13 of the German Civil Code (and in these General Terms and Conditions), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
§ 2. Booking process and conclusion of contract
(1) The description of the respective training (hereinafter: “Training”) on the website www.praxistrainings-lms.de (hereinafter: "website") does not constitute a legally binding offer. The customer only has the opportunity to submit a binding offer to the trainer (hereinafter: "booking").
(2) The customer selects the desired training offer on the website by clicking on “Add to cart” or, when booking on account or as a group, “Booking on account” or “Group booking”.
(3) To book the training via the shopping cart, the customer clicks on the "Add to cart" button, then clicks on the "View shopping cart" button and checks whether everything has been selected correctly. The customer can make corrections at any time by deleting the selected training or adding another training. When booking on account or in a group, the customer enters their data and can change it at any time.
(4) When booking via the shopping cart, the customer then clicks on the "Continue to checkout" button and enters his billing address; the information marked with an asterisk are mandatory fields that are absolutely necessary in order to be able to process the booking. Here the customer can also select his desired payment method from the payment methods offered.
(5) The customer then confirms his booking in the field “Order with payment”. In the case of “Booking on account” or “Group booking”, the customer confirms via the field “Submit”.
(6) The customer will immediately receive a confirmation of his booking from the trainer via e-mail.
(7) The text of the contract is saved and can be sent to the customer upon request.
(8) The contract is only effective upon receipt of payment by the trainer.
(9) Participation information will be sent afterwards by e-mail. (e.g. username and password and link to the website, link to the virtual classroom)
(10) The trainer reserves the right to refuse bookings.
§ 3. Services of the trainer
(1) The trainer offers each participant the training booked by the customer (as stated in the booking confirmation).
(2) The trainer does not owe any learning success. The learning success essentially depends on previous knowledge and the willingness to learn of the participant.
(3) Unless otherwise agreed, the participants will also receive written documents in PDF format for printing and/or saving.
(4) The trainer is responsible for selecting the means of presentation.
(5) The customer must provide the necessary IT equipment and the technical equipment, including functional hardware and software, for the implementation of the respective training.
(6) The trainer will inform and enable the necessary access to the respective training. The customer is then obliged to provide the necessary hardware and software for the participants themselves so that the participants can take part in the training online.
(7) After complete participation, each participant receives the respective certificate to print out. For e-learning, this is done via your user account.
§ 4. Training fees and prices
(1) The net prices plus sales tax valid on the website at the time the training is carried out apply.
(2) Unless otherwise stated, the prices include the training documents.
(3) All other costs related to participation (e.g. hardware, software, internet connection) are to be borne by the participant.
(4) Participation in a training course does not entitle the holder to a price reduction.
§ 5. Terms of payment
(1) The training fee is collected directly at the time of booking through a payment system. For this purpose, the customer can select a payment system as part of the ordering process and will then, if necessary, be forwarded to the selected payment system via a link.
(2) Otherwise, the invoice will be issued after the booking has been confirmed. Payments are then due without deduction within 30 (thirty) days of receipt of the invoice.
§ 6. Withdrawals, cancellations, rebookings
(1) In the case of online and blended learning courses, withdrawals must be made in text form (e.g. by email). The following processing fees will be retained:
a. Up to 4 weeks before the start of the seminar: 10 % of the course fee (plus VAT).
b. 2 - 4 weeks before the start of the seminar: 30% of the course fee (plus VAT).
c. From 7 days before the start of the seminar / in the event of non-participation: 100% of the course fee (plus VAT). The canceling participant can provide a representative. In this case, the processing fee does not apply.
(2) It is not possible to withdraw from e-learning courses.
§ 7. Cancellation of trainings
If the number of participants is too low, the trainer can cancel or reschedule events. The customer will be informed of this at least 7 days before the start of the event. If the event is canceled due to illness of the speaker, force majeure or other unforeseeable events, there is no right to have the event held. The event will then be held on a different date. The participant has no right to a refund of the course fee. The trainer is entitled to have the course conducted by other speakers.
§ 8. Duties of the customer and the participant to cooperate
(1) The customer undertakes to provide the trainer with all the information required to process the contract in good time.
(2) If employers make bookings for employees, it is the employer's responsibility to inform employees that their first name, last name and, if applicable, email address will be passed on.
(3) The participant must create a user account for e-learning. To do this, he must provide his first and last name and his email address.
(4) The participant is responsible for implementing the content of the training himself.
(5) The participant must adhere to the trainer’s rules and operating instructions.
(6) It is the customer's responsibility to ensure that its employees and participants adhere to the deadlines for the individual legally/officially required training courses.
§ 9. Right of withdrawal
Consumers only i. s.d. § 13 BGB have a right of withdrawal. Since only an entrepreneur within the meaning of § 14 BGB can conclude a contract according to these terms and conditions, there is no right of withdrawal.
§ 10. Warranty
(1) The trainer will prepare and carry out the agreed training courses with her customary care. The training sessions are conducted by experienced speakers. Materials and documents are created according to the latest knowledge. A guarantee is not accepted; in particular, there is no guarantee that the training will lead to commercial or non-material success.
(2) The trainer is not liable for translation errors in the training content.
(3) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The trainer is therefore not liable for the constant and uninterrupted availability of the training content.
(4) All claims expire after one year, unless otherwise stipulated by law.
§ 11. Liability for damages due to fault
(1) The trainer’s liability for damages, regardless of the legal reason, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations and tortious acts, insofar as fault is involved in each case, in accordance with this § 11 restricted.
(2) The trainer is not liable in the event of simple negligence, unless it is a matter of breaching essential contractual obligations. Essential to the contract are the obligation to provide and provide the agreed service on time, its freedom from defects of title and defects that impair its suitability more than insignificantly, as well as the duties of advice, protection and care that are intended to enable the customer to use the object of the service in accordance with the contract or intended to protect the life and limb of the customer's staff or to protect his property from significant damage.
(3) Insofar as the trainer is liable for damages in accordance with § 8 (2), this liability is limited to damages that the trainer foresaw as a possible consequence of a breach of contract when the contract was concluded or that she should have foreseen if she had exercised due diligence. In addition, indirect damage and consequential damage resulting from defects in the subject of the service can only be compensated if such damage is typically to be expected when the subject of the service is used as intended.
(4) In the event of liability for simple negligence, the trainer's obligation to compensate for property damage and the resulting further financial losses is limited to three times the agreed price - for the service - per case of damage, even if it is a matter of breaching essential contractual obligations.
(5) The above exclusions and limitations of liability apply to the same extent in favor of the employees and other vicarious agents of the trainer.
(6) The restrictions of this § 8 do not apply to the liability of the trainer due to intentional behavior, for guaranteed characteristics, due to injury to life, limb or health.
§ 12. Data protection
(1) All data provided by the customer and participant (in particular title, name, address, e-mail address, telephone number, fax number, bank details, credit card number) will be used by the trainer exclusively in accordance with the provisions of German data protection law, the DSGVO and in accordance with her Data protection collect, process and use on the website.
(2) The data collected will only be stored for as long as is necessary for the aforementioned purposes or as required by statutory regulations. A transfer to third parties is not permitted without the separate consent of the participant.
(3) The participant is entitled to request information from the trainer about the data stored about his person. The participant can contact the trainer at any time with a request for information or an objection to the processing of the data as well as further information on data protection: by e-mail jennifer.ziegler@praxistrainings-lms.de.
§ 13. Copyright and right of use
(1) All rights of use for all known types of use of all learning materials, concepts, materials and documents made available and presented to the participant within the scope of the respective training are reserved by the trainer - unless otherwise stated.
(2) No part of the training course or the documents may be processed in any form (video recordings, audio recordings, screen shots, photocopies, scan copies or other methods), in particular using electronic systems, without the written consent of the trainer, reproduced or used for public or private distribution
(3) The software and audio and video material made available during the training session may not be removed, copied, modified or deleted in whole or in part. The trainer reserves the right to claim damages in the event of violations.
§ 14. Final Provisions
(1) The law of the Federal Republic of Germany shall apply to the contractual relationship.
(2) The contract language is German.
(3) The content of the contract is saved.
(4) Place of jurisdiction for all disputes is Hamelin.
§ 15. Responsible for the content
Jennifer Ziegler
Practical training in food safety
Kösters Kamp 11
31840 Hessian Oldendorf
Telephone: +49 5152-7800574
Email: jennifer.ziegler@praxistrainings-lms.de
Sales tax identification number: DE346203134
Status: 30.5.2024 – Change: § 5. Terms of payment (2) – increased from seven days to thirty days
Amendment of 6 October 2023: Section 8 paragraph 2 newly added, numbering changed, "for e-learnings" added in paragraph 2Change from 8.5.2023: § 2 booking process updated
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