Consumer Information and General Terms and Conditions of LZE GmbH
Status: April 2019
Characteristics of the service
As part of the project “Advanced Training for Digitalisation and Transformation”, LZE GmbH offers seminars developed by LZE.Academy, which is operated by it. The “Advanced Training for Digitalisation and Transformation” project offers advanced modular training for digital innovators that helps you to reach your digital transformation aims.
Information regarding the identity of the service provider
Vertretungsberechtigt: Geschäftsführer Dr. Christian Forster
Telefon: +49 9131 92894 81
Registergericht: Amtsgericht Fürth
Registernummer: HRB 16647
§ 1 General remarks, customer group
(1) These General Terms and Conditions apply to all contracts concluded with LZE GmbH (hereinafter: the “Organiser”) through the website https://lze.academy (hereinafter: “Website”), the object of which is a seminar being conducted offered by the Organiser.
(2) The product offer of our events on our Homepage equally targets consumers as well as businesses, but is exclusively geared toward end-consumers. For the purposes of these General Terms and Conditions,
a) a “consumer” is any natural person, who concludes a legal transaction for purposes that can be primarily attributed to neither their commercial nor their self-employed professional activity (Sec. 13 BGB [German Civil Code]); and
b) a “business” is a natural person or legal entity or partnership with legal capacity, acting in exercise of its commercial or self-employed professional activity at the conclusion of the contract (Sec. 14 (1) BGB).
(3) Terms and conditions of the participant shall not apply, even if we do not object to their enforcement separately and individually.
4) The contracts with the participant are concluded exclusively in the German or English language, depending on whether the participant places the order through the German or English language version of our Website. If the participant’s order is placed through the German version of our Website, the German version of these General Terms and Conditions exclusively apply. If the order is placed using the English version of our Website, the English version of these General Terms and Conditions shall exclusively apply.
§ 2 Conclusion of the contract
(1) The services on our Website are non-binding.
(2) By placing an order through our Website, the participant makes a binding offer to participate in a seminar offered by us. We reserve the right to accept the offer up until the end of the third working day following the day on which the offer is placed.
(3) We will send an automatic confirmation of the receipt of the offer to the participant directly upon receipt of his/her offer. The mailing of the confirmation of the receipt of an offer does not yet constitute the conclusion of a contract. The offer shall be deemed accepted by us only once we have declared our acceptance to the participant by email. In case a seminar is overbooked, the participant shall be informed immediately. The service contract with the participant will be established effectively only upon our acceptance.
(4) The participant has the option to print out these GTC during the order process and prior to the conclusion of the contract. In addition, you can use the print function of your browser. The data entered by you in the course of the order process will be displayed to you before the completion of the order process and you can then still make any corrections that might be required.
(5) The contractual partner of the Organiser is the registered participant. The eligibility to participate can be transferred free of charge to a substitute participant after a prior written announcement by the registered participant (email is sufficient).
(6) Each participant, who is a consumer, has the right to revoke the offer in accordance with the special instructions on the right of revocation and return, which will be notigied in the course of the order process on our Website and a printout of which is attached as an annex to these GTC.
§ 3 Seminar fees, due date, payment
(1) The indicated price for a seminar includes the current applicable statutory value added tax of 19%.
(2) The seminar fees will be payable as advance payment without deduction upon placing the order. Payment is remitted optionally by bank transfer (“Bank Draft”) or via PayPal.
(3) If a seminar is discontinued by a participant, the entire fee will be due. There is no right to a refund of (part of) the fee for any seminar dates that are not attended. Sec. 3 (4) sent. 2 applies analogously in the case of a no-show without cancellation.
(4) The participant does not have a right of set-off or withholding, unless the counter claim is uncontested or it has been found valid by final and absolute judgment.
§ 4 Right to exclusion
If the fees pursuant to § 3 are not paid on time on the due date, we reserve the right to exclude the participant from the seminar until the complete payment is made, without voiding the payment obligation.
§ 5 Cancellation/Withdrawal by the participant
(1) If the participant is a consumer within the definition of Sec. 13 BGB, he/she has the right of revocation as explained in the annex to these GTC. In that case, the following rules shall apply only after expiration of the revocation period.
(2) Cancellation shall be free of charge if foreseeable and serious reasons justify it, and if these reasons make participation unreasonable. This shall, in particular, apply in the following cases:
a) Damage to the participant’s property as a consequence of fire, natural disaster, transportation accident of the participant on the day of the event or intentional criminal offence by a third party, insofar as the damage is substantial in relation to the damaged party’s financial position and assets, or if the participant’s attendance in the damage survey is required;
b) Death, serious injury from an accident or unexpected grave illness of the participant.
In the fulfilment of his/her obligations, the participant shall present suitable proof of the applicability of a serious reason. It shall be required:
a) to provide proof of criminal charges having been filed or to submit an insurance confirmation and an affirmation in lieu of oath regarding the scope of damage or the need of personal attendance;
b) corresponding proof in the event of death;
c) in the case of a serious accidental injury or unexpected serious illness, a medical certificate indicating the diagnosis. A simple medical certificate without diagnosis is usually deemed as insufficient.
(3) The participant has a right of cancellation/withdrawal according to the following provisions:
a) A cancellation/withdrawal shall be declared to the Organiser in writing by post or email.
b) Cancellation/withdrawal is free of charge up to four weeks before the start of the event.
c) In case of cancellation/withdrawal by the participant in the period between two to four weeks before the start of the event, 50% of the seminar fees will be charged.
d) In case of cancellation/withdrawal less than two weeks before the start of the event, the entire seminar fees will be charged.
(4) It is up to the participant to prove that the Organiser has not incurred any expenses or only in a significantly lower amount.
§ 6 Cancellation of events, programme changes
(1) We reserve the right to cancel the seminar in case of insufficient demand or an insufficient number of participants (at the latest 5 days before the planned start of the seminar) or for other important reasons outside of our responsibility (for example, force majeure, sudden illness of the lecturer). In such a case, any participation fees already paid shall be reimbursed and no cancellation fees will be charged respectively. Further claims of liability and damages that are not related to injuries to life, body or health, are excluded, unless in cases of intent or gross negligence on our part.
(2) Programme changes remain expressly reserved, provided that the overall character of the seminar remains preserved. A change of lecturers, minor changes in the event programme or a reasonably acceptable relocation of the event venue shall not lead to a price reduction or withdrawal from the contract.
§ 7 Liability
The Organiser is not liable for damages of the participants, except if these are due to intentional or gross negligent conduct by a legal representative of the Organiser or one of its vicarious agents. Liability for injuries to life, body and health shall remain unaffected thereof.
§ 8 Final provisions
(1) The place of fulfilment and payment is the place of the company’s registered office.
(2) The exclusive place of jurisdiction in commercial dealings is the place of the company’s registered office. If a participant meets the requirements of Sec. 38 (2) ZPO [German Code of Civil Procedure] and does not have a place of jurisdiction in the domestic country, the hotel location shall apply as the place of jurisdiction.
(3) German law shall be applcable. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
(4) Where references to persons are made in the foregoing, e.g. “participant”, the reference shall refer to men and women equally.
Right of Revocation for Consumers
Consumers have a right of revocation in accordance with the following stipulations, whereby consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed to neither their commercial nor their self-employed professional activity. If applicable, you may be liable for damage compensation in case of a revocation in accordance with the instruction on the right of revocation as explained below. We expressly advise that your request to receive the script of a booked seminar in the future and the handout of the script constitutes consent to the commencement of our service performance.
Instruction on revocation
Right of revocation
You have the right to revoke this contract within fourteen days without a statement of reasons.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of revocation, you have to inform us (LZE GmbH, Frauenweiherstr. 15, 91058 Erlangen, email: firstname.lastname@example.org, phone: + 49 9131 92894-92) by means of a clear statement (e.g. a letter sent by post, a fax or email) specifying your decision to revoke this contract. To do so, you can use the enclosed sample revocation form, but it is not mandatory to use it.
To observe the revocation period, it is sufficient if you mail the notification of the exercise of the right of revocation before expiration of the revocation period.
The revocation is to be addressed to:
Telefon: + 49 9131 92894-92
Consequences of revocation
If you revoke this contract, we shall reimburse all payments to you that we have received from you, including the delivery costs (except for the additional costs incurred because you have chosen a different delivery type than the one offered by us, which is the most efficient standard deliver), without delay and at the latest within fourteen days from the day on which the notification of your revocation of this contract was received by us. We will use the same payment method for this repayment as the one that you have used for the original transaction, unless explicitly agreed otherwise with you. You will never be charged any fees for this reimbursement.
If you have requested that the services should begin during the revocation period, you shall pay us an appropriate amount, at the rate of the services already performed up until the time when you inform us of the exercise of the right of revocation relative to the overall scope of the services intended under the contract.
You shall return services received, or if applicable, surrender received benefits. If you cannot return or surrender the service and its benefits that you have received from us (e.g. benefits of use), or only in part or only in a deteriorated condition, you will have to compensate the value to us to this extent if applicable. This can entail that you will nonetheless have to fulfil the payment obligations for the period up until the revocation. You will have to provide value compensation for the deterioration of the item insofar as the deterioration is due to the handling of the item beyond the testing of the features and mode of functioning. “Testing of features and mode of functioning” is understood to mean the testing and trying out of the respective merchandise in the way it is customary, for example, in a physical shop. Items that can be shipped as a parcel shall be returned to us at our cost and risk. You shall bear the regular costs for the return shipment if the delivered item is in a state equivalent to that of the ordered item and if the price of the returned item does not exceed an amount of EUR 40, or if the item has a higher price, if you have not remitted payment or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment will be free of charge for you. Items that cannot be shipped as a parcel will be picked up from you.
Your right of revocation will expire prematurely if the contract has been completely fulfilled by both parties upon your explicit request, prior to your exercise of the right of revocation.
End of the instruction on revocation
Sample Revocation Form
(If you wish to revoke the contract, please fill out this form and return it to us.)
Managing Director: Dr Christian Forster
Phone: + 49 9131 92894-92
I/We (*) hereby revoke the contract I/we (*) have concluded for the purchase of the following service (*)
Ordered on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only necessary for written notification)
(*) delete as appropriate.