Preamble
(1) These General Terms and Conditions (GTC) are an integral part of the contract for orders placed by Client with RMP germany GmbH (Contractor). This essentially includes consulting, training and coaching in the area of personnel management, personnel development and organizational development, potential diagnoses and evaluations of test results as well as the creation of personality profiles and motivation analyses and materials available via a web store on the aforementioned topics and contents.
(2) In the event that individual provisions of the GTC are invalid, the remaining provisions shall remain in effect.
(3) The Contractor shall be entitled to make use of qualified commercial or freelance cooperation partners for individual consulting services. The Contractor shall not be obliged to disclose the identity of the cooperation partners used.
(4) The Client shall ensure that the Contractor is provided with all documents and information necessary and useful for the expeditious performance of the order. This shall also apply to those documents and information the significance of which only becomes known during the ongoing consulting services by the Contractor. The Client shall also ensure that any existing works council is informed of the Contractor's consulting activities in good time.
(5) These General Terms and Conditions shall also apply to all future contractual relationships, thus even if not expressly referred to in supplementary contracts.
(6) Conflicting general terms and conditions of the Client shall be invalid unless they are expressly accepted by the Contractor in writing.
I. Scope and extent
Consulting orders or other agreements shall only be legally binding if they are signed in writing by the Client and shall only bind the contracting parties in accordance with the scope specified in the written agreement. For sales contracts concluded by other means, e.g. by telephone, fax or letter, these GTC shall also apply. Customers will be informed in the order confirmation where they can download the GTC on the Internet. In such cases, if a customer does not agree with the GTC, he may exercise his right of withdrawal.
II. Assurance of independence
The contracting parties shall take all necessary precautions to ensure the independence of the Contractor's employees and cooperation partners. In particular, offers by the Client to hire or otherwise employ employees of the Contractor or the direct commissioning of cooperation partners of the Contractor during the ongoing contractual relationship shall be prohibited.
III Reporting
The Contractor shall report to the Client on its consulting activities if this has been expressly agreed. In this case, the reporting obligation shall also include the activities of CO's cooperation partners. After completion of the order, the Client shall receive a final report from the Contractor summarizing the consulting services rendered including the consulting expenses. The Contractor shall be free from instructions in the production of the agreed work, shall act at its own discretion and on its own responsibility. The Contractor shall not be bound to any particular place of work or to any particular working hours.
IV. Intellectual Property Rights
(1) The intellectual property and therefore the copyright to the services rendered in connection with the consulting order shall remain with the Contractor.
(2) The Client may only use the information provided to it or made known to it in connection with the consulting order for its own purposes. Any disclosure of such information to third parties - even after fulfillment of the consulting order - is prohibited. Information" shall include, in particular, offers, reports, analyses, expert opinions, organizational plans, guidelines, service descriptions and data carriers, irrespective of whether such information originates from the Contractor, its employees or cooperation partners. The disclosure of such information to third parties shall require the written consent of the Contractor in each individual case.
(3) The Client's violation of these provisions shall entitle the Contractor to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.
V. Warranty
(1) The Contractor shall inform the Client without delay of any inaccuracies or defects in its consulting services that subsequently become apparent and shall remedy such inaccuracies or defects within a reasonable period of time.
(2) If the inaccuracies or deficiencies are attributable to the Client's sphere of responsibility, they shall only be remedied by means of a separate written order from the Client. The services required for rectification shall be charged separately to the Customer.
(3) If the incorrectness or defects are attributable to the sphere of the Contractor, the Contractor shall provide a warranty free of charge within a reasonable period of time. The Customer's claim for redhibitory action or price reduction shall be excluded. The warranty claim shall expire within six months after handover of the final report to the Client.
VI. Liability
(1) The Contractor, its employees and cooperation partners shall observe the generally recognized rules of professional practice when performing the commissioned consulting services. The Contractor shall be liable for the fault of its employees and cooperation partners as for its own. The liability of the Contractor for damages shall be limited to intent and gross negligence. The burden of proof for the question of fault shall be borne by the Client.
(2) The claim for damages must be asserted in court within six months after knowledge of the damage and the damaging party, but at the latest within three years after the event giving rise to the claim.
(3) If the Contractor performs the Work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, the Contractor shall assign these claims to the Principal. In this case, the Purchaser shall give priority to these third parties.
(4) The Purchaser shall inspect the delivered goods as soon as possible and report any defects immediately. The responsible customer service can be found at kontakt@rmp-germany.com. Hidden defects can still be complained about after the goods have been put into operation or used. The making of payments shall not be deemed to be a waiver of notice of defects.
(5) The Provider undertakes to ensure security in accordance with the current technical state of the art in systems, programs, etc., which belong to him and over which he has influence, and to comply with the rules of data protection.
(6) Customers shall ensure the security of systems, programs and data that are within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.
(7) The Provider shall not be liable for defects and malfunctions for which it is not responsible, in particular for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent.
(8) Furthermore, the Provider shall not be liable for force majeure, improper actions and disregard of risks on the part of the Customer or third parties, excessive use, unsuitable operating resources of the Customer or third parties, extreme environmental influences, interventions by the Customer or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions.
VII. Confidentiality
(1) The Contractor shall maintain secrecy with respect to all matters of the Client of which it becomes aware in connection with the consulting activities vis-à-vis any person and for an unlimited period of time. The obligation to maintain secrecy shall not apply to information provided to cooperation partners whom the Contractor consults. In this case, the Contractor shall oblige the cooperation partner to the same extent to maintain secrecy. Also excluded from the duty of confidentiality are those cases in which there is a legal obligation to provide information.
(2) The Contractor may only make reports, expert opinions and other written statements concerning its consulting activities for the Client available to third parties with the express consent of the Principal.
(3) The Contractor, the Processor and their employees shall keep
personal data from data processing entrusted to them or having become accessible to
them exclusively on the basis of their professional employment secret, without prejudice to other statutory duties of confidentiality, insofar as there is no legally permissible reason for transferring the personal data entrusted or having become accessible (data secrecy). Employees must be informed of this and of any consequences of a breach.
VIII. Fee, Cancellation, Terms of Delivery, Payment
(1) As consideration for the consulting services, the Contractor shall be entitled to payment of an appropriate fee from the Client. Depending on the agreement, the Client shall make an advance payment when placing the order or partial payments during ongoing consulting activities. The remaining fee shall be due for payment within 14 days after submission of the final report including the final invoice.
(2) If the consulting services are not provided in whole or in part, the Contractor shall be entitled to the agreed fee in full if the Contractor was prepared to provide the consulting services and was prevented from doing so due to circumstances on the part of the Client. Circumstances on the part of the Client shall include, in particular, lack of cooperation on the part of the Client in the performance of the contract or unjustified premature termination of the contract. In the event of termination of the contract within one month prior to the agreed performance of services, 50% of the agreed fee shall be charged. If the contract is terminated within two weeks prior to the agreed date of performance, 100% of the agreed fee shall be charged. If the contract is terminated before the set deadlines, services already rendered will be charged.
(3) If the consulting services are not provided due to circumstances which constitute an important reason on the part of the Contractor, the Contractor shall be entitled to a pro rata fee which corresponds to the consulting services provided so far. This shall apply in particular if the consulting services rendered so far are usable for the Client.
(4) For justified reasons, in particular in case of imminent insolvency of the Principal, the Contractor may make the completion of the Consulting Services dependent on the full payment of the fee. Complaints about the consulting services shall not entitle the Client to withhold the fee. This shall not apply to obvious defects in the consulting services rendered.
(5) Prices are quoted in EUR. Value added tax and advance recycling fee as well as processing are included. Shipping costs will be charged extra.
(6) The Provider reserves the right to change prices at any time. The prices published on the website on the order date are valid for the customers.
(7) The conditions for promotions and discounts are available at the relevant information.
(8) Delivery will be made as soon as possible. The customer can check his delivery status at any time via kontakt@rmp-germany.com. If within 30 days the customer does not receive the goods and no information is provided, the customer is entitled to waive the delivery.
(9) Payment is possible in the following ways if the customer wishes: - The invoice is enclosed with the shipment of the goods. In this case, the payment term is 14 days after receipt of the invoice. - The customer can indicate the number of his credit card. All major credit cards are accepted. The price of the goods will be charged on the day the goods are shipped (this function may not be available at the moment).
(10) In case of late payment, the Provider will send a maximum of two reminders. For the second reminder a fee of EUR 10.- will be charged. If the customer does not pay then, measures under debt collection law will be initiated. Claims for damages remain reserved.
IX. Premature Termination of Contract
(1) The Contractor may prematurely terminate the contractual relationship by means of a registered letter with immediate effect if the Client breaches material contractual obligations, in particular fails to provide the documents required for the consulting services or fails to provide information that violates the independence of the Contractor or the property rights of the Contractor. In this case point IX. Paragraph (2).
(2) The Client may terminate the contractual relationship prematurely by means of a registered letter with immediate effect if the Contractor is in default with its consulting services despite having been granted a reasonable grace period or if it breaches the duty of confidentiality.
X. Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you shall be entitled to a right of revocation in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation pursuant to Section 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of
- of the conclusion of the contract (in the case of a contract for the delivery of digital content that is not delivered on a physical data carrier), or
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
RMP germany GmbH
Auf der Langaar 8
35684 Dillenburg-Frohnhausen
T +49 2771 26745-60
E-Mail: mail@rmp-germany.com
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Sample cancellation form
To RMP germany GmbH, Auf der Langaar 8, 35684 Dillenburg-Frohnhausen:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
___________________________
(*) Delete where not applicable
Consequences of the revocation
If you revoke this contract, we shall reimburse you 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 favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back 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 or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is 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 will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
- End of the cancellation policy-
(4) The right of revocation shall not apply to distance contracts
1. about the delivery of digital content that is not delivered on a physical data carrier, provided that you have expressly agreed that the entrepreneur begins with the execution of the contract before the expiry of the withdrawal period and you have further confirmed your knowledge that you lose your right of withdrawal by your consent with the beginning of the execution of the contract, and
2. for services as soon as the service has been fully performed, if the Entrepreneur had started the performance with your prior express consent and knowledge that you lose your right of withdrawal upon full performance of the contract by the Entrepreneur.
XI. Applicable Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply to the consulting order, its interpretation and to any disputes arising therefrom.
(2) The place of performance shall be the registered office of the Contractor in Mittenaar-Bicken.
(3) For disputes arising from or in connection with the consulting order, the courts in Wetzlar with jurisdiction in commercial matters shall have exclusive jurisdiction.