AGB - General Terms and Conditions

1. Scope of application

The following General Terms and Conditions shall apply within the scope of deliveries and services (publications or seminars) of the VDA QMC. The respective valid version will be published on the VDA QMC website.

Deviating terms and conditions on the part of the customer shall only apply if VDA QMC has expressly agreed in writing to an amendment of its own General Terms and Conditions.

The offer of VDA QMC is directed exclusively to customers who make use of the deliveries and services of VDA QMC in the exercise of their commercial or independent professional activity (entrepreneurs within the meaning of § 14 of the BGB (German Civil Code)).

All price quotations according to the webshop, homepage and/or registration form are shown in EUR net and without the applicable German value added tax.

2. Ordering publications (books, e-books, apps/software) / registering for seminars

Publications can be ordered via the VDA QMC Webshop. You can register for seminars exclusively via the homepage. Delivery or registration of the registration will only take place if the information is complete. Correct and complete details of the customer are required, among other things, for the delivery of the publications, the preparation of the invoice with a specific invoice recipient, the issue of VDA QMC certificates of participation and certificates.

With the order or the registration, the customer bindingly declares to make use of the delivery or service.

In the case of orders for publications via the VDA QMC Webshop and registrations for seminars via the homepage, the submission of a binding offer by the customer takes place upon completion of the order or registration dialogue. When concluding the order process, the customer confirms to VDA QMC that he/she is an entrepreneur within the meaning of § 14 BGB and that he/she is using the deliveries and services exclusively in the exercise of his/her commercial or self-employed activity.

In the case of orders via the VDA QMC Webshop or in the case of participant registrations via the VDA QMC homepage, the customer will receive an order or receipt confirmation by e-mail.

The order of e-books and apps/software also includes granting a non-exclusive, unlimited and non-sublicensable right of use after (or from) the purchase.

The steps required to download the e-book are documented on the VDA QMC homepage.

The VDA QMC reserves the right to dispatch goods only after receipt of payment. In the case of a download of e-books and apps/software, the licence for use is granted subject to full settlement of all claims asserted against the customer as a result of the order.

Online orders/bookings can be paid via the internet service provider commissioned by the VDA QMC. The connection to the PaySquare website is established via the “Checkout” activation field. Payment is then made in accordance with PaySquare’s terms of use, which are posted on PaySquare’s website. Dispatch by the VDA QMC will only take place after approval by PaySquare.

The VDA QMC reserves the right to change the contents of the webshop at any time without express notification. In the event of errors, in particular in the form of spelling, printing and calculation errors on the website, VDA QMC is entitled to withdraw from the contract.

3a. Delivery of publications

Unless otherwise agreed, the delivery of publications (books/posters) shall be made from the place of performance (warehouse of VDA QMC) to the delivery address specified by the customer. The delivery will be handled by a courier service. The prices stated under “Postage and handling” in the VDA QMC webshop will be charged for shipping costs. Information about the delivery period is non-binding as long as no binding delivery date has been agreed. The customer shall bear the risk of accidental loss of the goods in transit.

3b. Prices and invoicing for orders of publications

Invoices shall be issued in EUR. The invoice amount is payable immediately upon receipt of the goods and the invoice without deduction. All costs of monetary transactions shall be borne by the customer. For first-time deliveries, we reserve the right to request advance payment by bank transfer; as an alternative, the customer may use the PaySquare payment service.

Any subsequent changes to the invoice at the customer’s request will be charged at a flat rate of EUR 15.00.

3c. Return of goods (books/posters) and download of e-books and apps/software

Within two weeks after receipt of the goods, they can be exchanged or returned to the VDA QMC, provided the goods are unused and in perfect condition. The original invoice plus a justification for the return must be enclosed with the documents. The costs of the return shipment shall be borne by the customer.

E-books and apps/software are generally excluded from return.

3d. Retention of title

The goods remain the property of VDA QMC until full payment has been received.

3e. Notification of defects

The goods are to be checked on receipt for completeness, intactness and other recognisable defects. If an error is found, this must be reported to VDA QMC immediately. If the customer fails to notify VDA QMC, the goods shall be deemed to have been approved.

3f. Copyright
Books and e-books are protected by copyright and are intended exclusively for the customer’s own use. In the case of e-books and apps/software, the customer acquires a simple right of use which is not transferable to third parties and which entitles him to use the goods for business purposes as an individual user.

An internal transfer of the right of use of the e-books to another user is possible upon request. Any further use, specifically the transfer, processing, duplication or reproduction, distribution, publication or making available to the public of the e-books, in whole or in part, whether in digital form or in any other way (for example, by remote data transmission or in analogue form) is not permitted and may be punishable under criminal law.

3g. Usability of hardware and software

Please refer to the product description for any restrictions on the interoperability and compatibility of hardware and software products. In all other respects, the liability of VDA QMC is limited in accordance with item 6 of the General Terms and Conditions.

4. Requirements for participation in seminars

Special requirements regarding professional qualifications and experience apply to participation in some seminars. If the necessary prerequisites are not met, VDA QMC reserves the right to refuse participation in the seminar.

4a. Invoicing seminars

After receipt of the registration, the customer will first receive a confirmation of receipt. After checking the capacities, a confirmation of registration will be sent to the customer. The invoice will be sent after the event and is due immediately without deduction.

4b. Cancellation/rebooking of seminars

Cancellations/rebookings shall be made by e-mail.

The following fee scale applies to cancellations of all seminars:

up to 6 weeks before the start of the event: free of charge
from 6 to 4 weeks before the start of the event 25% of the event price
from 4 to 2 weeks before the start of the event 50% of the event price
from 2 weeks or more before the start of the event 100% of the event price

Cancellation fees are waived if a substitute participant is named.

4c. Cancellation of the seminar

If a seminar is fully booked or cannot take place due to force majeure (for example, due to illness of the speaker at short notice), the customer will be informed immediately. If the number of registered participants is too low, the right is reserved to cancel the event up to seven days before the start.

5. Use of personal customer information, disclosure of customer data

Orders or registrations will only be accepted if the customer provides the information specified in section 2. This information is required for the processing of the order or registration and the conclusion and fulfilment of the contract. This information is stored, used for the purposes stated and only passed on to third parties for the fulfilment of the order. The VDA QMC commissions other companies and individuals to process tasks within the scope of order processing, for example delivery, processing of payments and for the provision of files (for example, e-books).

These service providers are provided by VDA QMC with the personal information of the customer that they need to fulfil their tasks. In this respect, the customer consents to the transfer of his data. The service providers are obligated not to use the data for other purposes and to treat it in accordance with German data protection laws.

6. Warranty and liability

Subject to the following paragraphs, the customer is entitled to the statutory warranty claims.

Claims of the customer for damages are excluded as a matter of principle. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by VDA QMC, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

In the event of a breach of essential contractual obligations, VDA QMC shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.

The restrictions of paragraphs 2 and 3 shall also apply in favour of the legal representatives and vicarious agents of VDA QMC if claims are asserted directly against them.

The provisions of the Product Liability Act shall remain unaffected, as shall any claims arising from a guarantee given by VDA QMC or a third party for the quality of the goods or that the goods will retain a certain quality for a certain period of time.

7. Miscellaneous

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.

Should any of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected thereby. In this case, the invalid provision shall be replaced by a valid provision which comes as close as possible to the intended economic result. The same shall apply in the event of a loophole.

Offsetting against a claim of the VDA QMC is only permissible if the counterclaim is undisputed or has been legally established. Furthermore, offsetting against counterclaims is possible if these have arisen from a delivery justifying refusal of performance.

The place of performance and jurisdiction for disputes in connection with the ordering of goods or participation in seminars or events shall be the registered office of VDA QMC (Berlin).

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