AGB
General Terms And Conditions for the Delivery of Goods
1. Scope
The following terms and conditions apply to all contracts that we conclude with consumers in the scope of our electronic ordering service. A consumer is anyone who concludes the contract for a purpose that cannot be attributed to his or her commercial or self-employed activity.
2. Conclusion of contract
(1) The offers of goods presented in our online shop are subject to change and do not constitute offers in the legal sense. By clicking the “Add to shopping cart” button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute an offer to enter into a contract. Before an order is placed, the content of the order, including the customer data, is summarised on an overview page. The customer can correct all order data there via the amendment fields provided. By clicking “Place binding order”, the customer submits a binding offer to us to conclude a purchase contract. After placing the order, the customer receives an automatically generated email from us confirming our receipt of the order and stating the order details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract. A contract is only concluded by sending an order confirmation or by delivery of the goods. The customer can save or print these General Terms and Conditions at any time by clicking the “Save” or “Print” button at the bottom of this page. The customer can save and/or print the content of his or her order immediately after placing the order and also view it later at any time via the “My account” function. Furthermore, we shall provide the contractual provisions, including these General Terms and Conditions, to the customer in text form after the customer has placed his or her order, and no later than upon delivery of the goods.
(2) The customer warrants that all information provided by him or her when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) are accurate. We must be notified of any changes without undue delay.
3. Prices, shipping costs
(1) The prices stated on our Internet pages include the statutory value added tax.
(2) Shipment shall be at the expense of the customer. An overview of the shipping options and the resulting shipping costs can be found under the link “Shipping and costs”. The shipping costs are also displayed to the customer on the overview page before the order is placed
4. Payment
(1) Payment is made at the customer’s discretion by advance payment, credit card, PayPal (online payment), Giropay, instant transfer or direct debit (only possible in Germany). However, we reserve the right to carry out the delivery solely against cash on delivery (immediate payment upon delivery).
(2) The purchase price is payable by no later than 14 days of the dispatch of the order confirmation without deduction.
(3) If, after conclusion of the contract, we become aware that payment of the purchase price is at risk due to the customer’s inability to pay, we shall be entitled to demand advance payment or, if we have unsuccessfully set a deadline for payment of the purchase price, to withdraw from the contract. However, the customer is entitled to avoid these consequences by providing security.
(3) During any delay in payment by the customer, we are entitled to charge interest on arrears at a rate of five percentage points above the respective base interest rate published by the Deutsche Bundesbank in the German Federal Gazette (section 247 German Civil Code (BGB)) per annum. We reserve the right to provide evidence of higher damages.
(4) In the event of default in payment or other apparent lack of creditworthiness, all further claims against the customer shall become payable immediately.
(5) The customer shall only be entitled to a right of set-off against claims that are undisputed by us or have been legally established against us. The customer is only entitled to exercise a right of retention insofar as a counterclaim is based on the same contractual relationship.
5. Delivery
(1) We are entitled to make partial deliveries to a reasonable extent.
(2) If an ordered article is not available because we are not being supplied by our supplier through no fault of our own despite the supplier being contractually obliged to do so, we are entitled to withdraw from the contract. In this case we will inform the customer without undue delay that the ordered goods are not available and refund without undue delay any payments already made.
(3) Stated delivery periods are only indicative and are therefore deemed to be only approximately agreed (approximate periods)
6. Right of revocation
The “Appendix” provides information on additional regulations regarding the consumer’s right of withdrawal
7. Retention of title
(1) The delivered goods shall remain our property until they have been paid for in full.
(2) The customer shall notify us of any third party seizure of the goods subject to retention of title immediately on becoming aware thereof. The customer shall be liable for all costs incurred for revoking such seizure, in particular by filing a third-party action, provided reimbursement of the costs cannot be obtained from the third party concerned.
8. Rights concerning defects
(1) In the event of a material defect in the purchased item, the statutory provisions shall apply as a rule. This means that the customer can first and foremost demand supplementary performance, i.e. either subsequent delivery or rectification of the defect at his or her discretion. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. The requirements set out in clause 9 shall apply to any claims for damages due to a defect in the goods in addition to the statutory requirements.
(2) All claims for defects shall become statute-barred two years after handover.
9. Liability for damages
The following exclusions and limitations of liability apply to our liability for damages, irrespective of the other statutory requirements for claims.
(1) We shall be liable if we are guilty of wilful misconduct or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (known as “cardinal obligations”). In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as we are liable for simple negligence in accordance with paragraph 1, our liability shall be limited to the damage that we must typically expect to occur under the circumstances known at the time of conclusion of the contract.
(3) The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor to damages which are to be compensated under the German Product Liability Act, nor to damage to life, limb or health, nor to statutory claims.
(4) The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whose services we use for the performance of the contract.
10. Data protection
The customer’s data shall be stored and used by Mollenhauer exclusively for the purpose of contract execution.
Link to Privacy Policy
11. Applicable law/place of jurisdiction
(1) These terms and conditions and all legal relations between us and our contractual partners 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).
(2) If the customer is an entrepreneur as defined in section 14 BGB, the place of jurisdiction is Fulda. This shall also apply if the customer does not have a general place of jurisdiction in Germany or has moved his or her place of residence or habitual abode abroad after conclusion of the contract or if his or her place of residence or habitual abode is unknown at the time the action is brought.
12. Online dispute resolution
In accordance with Article 14 (1) of the ODR Regulation, the European Commission provides a platform for online dispute resolution (ODR) http://ec.europa.eu/consumers/odr/.
APPENDIX
Right of withdrawal
You have the right to cancel this contract within fourteen days without providing a reason.
The withdrawal period is fourteen days from the day on which you (or a third party named by you who is not the carrier) have (or has) taken possession of the goods. In the case of a contract for several goods which you have (or a third party named by you who is not the carrier has) ordered as part of a single order and which are delivered separately, or in the case of several partial deliveries, on the day on which you (or a third party named by you who is not the carrier) have taken possession of the last goods or partial delivery or the last item. In the case of a contract for the regular delivery of goods over a fixed period of time (e.g. subscription), on the day on which you (or a third party named by you who is not the carrier) have taken (or has taken) possession of the first goods.
To exercise your right of withdrawal, you must contact us (Conrad Mollenhauer GmbH, Weichselstr. 27, 36043 Fulda, Germany, tel.: +49 (0)661/9467-0, fax: +49 (0)661/9467-36, info@mollenhauer.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the sample cancellation form which, however, is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline shall be deemed met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods. The right of withdrawal shall expire in the case of distance contracts for the supply of audio or video recordings if the seal on the data media supplied has been broken by the consumer.
End of the cancellation policy
PDF of the General Terms and Conditions to view, save, print and send.
General Terms and Conditions for Mollenhauer seminars
By registering, the following general terms and conditions are accepted.
1. Registration/conclusion of contract
(1) The registration of a customer for a seminar of Conrad Mollenhauer GmbH (hereinafter referred to as “Mollenhauer”) can be submitted in writing, by email, fax or online. In the case of online registration, the participant declares a binding registration for the event by clicking the “Place binding order” button. Confirmation of receipt of the registration is sent by automated email immediately after submission of the registration and does not constitute acceptance of the contract. The contract is concluded with the receipt of the booking confirmation. Mollenhauer is not liable for transmission errors. The registration is only binding when the customer receives a written confirmation of participation from Mollenhauer (by letter, fax or email). The confirmation of participation contains further information about the event and the conference venue. If the seminar is fully booked, Mollenhauer will inform the customer immediately.
(2) The customer warrants that all information provided by him or her when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) are accurate. We must be notified of any changes without undue delay.
2. Payment
(1) Payment is made at the customer’s discretion by advance payment, credit card, PayPal (online payment), Giropay, instant transfer or direct debit (only possible in Germany). However, we reserve the right to carry out the delivery solely against cash on delivery (immediate payment upon delivery).
(2) The invoice amount is due with a payment term of 14 days without deduction, from receipt of the invoice.
(3) If, after conclusion of the contract, we become aware that payment of the seminar fees is at risk due to the customer’s inability to pay, we shall be entitled to demand advance payment or, if we have unsuccessfully set a deadline for payment of the seminar fees, to withdraw from the contract. However, the customer is entitled to avoid these consequences by providing security.
(4) During any delay in payment by the customer, we are entitled to charge interest on arrears at a rate of five percentage points above the respective base interest rate published by the Deutsche Bundesbank in the German Federal Gazette (section 247 BGB) per annum. We reserve the right to provide evidence of higher damages.
(5) In the event of default in payment or other apparent lack of creditworthiness, all further claims against the customer shall become payable immediately.
(6) The customer shall only be entitled to a right of set-off against claims that are undisputed by us or have been legally established against us. The customer is only entitled to exercise a right of retention insofar as a counterclaim is based on the same contractual relationship.
3. Cancellation and termination
The participant may withdraw from the contract without providing a reason up to 14 days before the start of the event – the date of receipt by Mollenhauer is material. The withdrawal must be declared in writing. Seminar fees already paid will be refunded in this case. Participants who withdraw after that point or who do not appear at the events at all or in part are generally obliged to pay the full fee unless a suitable substitute participant is provided. The participant reserves the right to provide evidence that Mollenhauer has suffered no damage or considerably less damage.
The “Appendix” provides information on additional regulations concerning the consumer's right of withdrawal.
4. Cancellation and modification of seminars
(1) Mollenhauer reserves the right to postpone or cancel the events offered in the seminar programme in the event of insufficient demand, undersubscription, non-availability of the lecturer or for other reasons for which Mollenhauer is not responsible, even after confirmation of participation. The affected participants will be notified immediately. Mollenhauer will endeavour to offer alternative dates in the event of cancellations.
(2) Mollenhauer reserves the right to make changes to or deviations from the content, methodology and organisation of a seminar at short notice, provided that the benefits of the event for the participants remain unchanged. Mollenhauer is entitled to replace certain speakers with others who are equally qualified. Mollenhauer will inform the participants in good time of any changes of date or location.
(3) Claims for damages of the participants, of whatever kind, due to cancellation or postponement of events or seminars are excluded in accordance with clause 5.
(4) A change of lecturers and/or deferrals in the schedule do not entitle the participant to withdraw from the contract or to reduce the fee. This is without prejudice to the option to terminate the contract for good cause.
5. Liability
The following exclusions and limitations of liability shall apply to Mollenhauer’s liability for damages, irrespective of the other legal requirements for claims.
(1) Mollenhauer shall be liable if it is guilty of wilful misconduct or gross negligence. Mollenhauer shall only be liable for simple negligence in the event of a breach of an obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (known as “cardinal obligations”). In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
(2) Insofar as Mollenhauer is liable for simple negligence in accordance with paragraph 1, Mollenhauer’s liability shall be limited to the damage that Mollenhauer must typically expect to occur under the circumstances known at the time of conclusion of the contract.
(3) The above exclusions and limitations of liability shall not apply if a guarantee for the quality of the goods was assumed, nor to damages which are to be compensated under the German Product Liability Act, nor to damage to life, limb or health, nor to statutory claims.
(4) The above exclusions and limitations of liability shall also apply to the benefit of employees, vicarious agents and other third parties used by Mollenhauer for the performance of the contract.
(5) Mollenhauer does not assume any liability for the correctness, up-to-dateness, completeness and quality of the seminar documents which have not been prepared by Mollenhauer. In this respect, the respective teaching staff alone are responsible for the documents they produce.
6. Retention of title
In the case of contracts with consumers, Mollenhauer shall retain title to the seminar documents until the seminar price has been paid in full. For contracts with entrepreneurs as defined in clause 14 BGB, the publisher shall retain title to the seminar documents until all claims arising from the current business relationship with the customer have been settled in full.
7. Copyright
Working documents and computer software used are protected by copyright. They may only be copied or passed on to third parties with the prior consent of the copyright holder
8. Data protection
The participant’s data will be stored and used by Mollenhauer exclusively for the purpose of event management.
Link to Privacy Policy
9. Applicable law/place of jurisdiction
(1) These terms and conditions and all legal relations between us and our contractual partners 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).
(2) If the customer is an entrepreneur as defined in section 14 BGB, the place of jurisdiction is Fulda. This shall also apply if the customer does not have a general place of jurisdiction in Germany or has moved his or her place of residence or habitual abode abroad after conclusion of the contract or if his or her place of residence or habitual abode is unknown at the time the action is brought.
10. Online dispute resolution
In accordance with Article 14 (1) of the ODR Regulation, the European Commission provides a platform for online dispute resolution (ODR) http://ec.europa.eu/consumers/odr/.
APPENDIX:
If you register for our events as a consumer as defined in clause 13 BGB, you have a right of withdrawal in addition to our General Terms and Conditions. A consumer within the meaning of the law is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his or her commercial nor to his or her self-employed professional activity.
Cancellation Policy:
Right of withdrawal:
You have the right to cancel this contract within fourteen days without providing a reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must contact us (Conrad Mollenhauer GmbH, Weichselstr. 27, 36043 Fulda, Germany, tel.: +49 (0)661/9467-0, fax: +49 (0)661/9467-36, info@mollenhauer.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the sample cancellation form which, however, is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most common standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged for this repayment. If you have requested that the service should begin during the cancellation period (e.g. by deciding on a seminar date within the cancellation period), you must pay us a reasonable amount corresponding to the proportion of the service already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract. The right of withdrawal shall expire in this respect as soon as the service has been provided in full.
Special notes
Your right of withdrawal expires prematurely if the contract is fulfilled in full by both parties at your express request before you have exercised your right of withdrawal.
End of the cancellation policy
PDF of the General Terms and Conditions to view, save, print and send.