General terms and conditions

for the K'ABO'OB webshop

represented by the Managing Director Lars Jurischka,

Ellernweg 3, D-21407 Deutsch Evern, VAT ID: DE 307 437 187

Phone: +49 152 030 499 48, e-mail: Lars@kaboob.de

(hereinafter: "Operator")

1 Item

1.1 These General Terms and Conditions govern the use of the webshop operated by the Operator, which can be accessed at www.kaboob.de, (hereinafter referred to as "Webshop") and apply to all services offered by the Operator on or in connection with the Webshop.

1.2 The Operator's customers (hereinafter "Customers") can book online seminars, face-to-face seminars, workshops and project support (hereinafter "Services") via the webshop.

1.3 In order to book the services via the web shop and to make use of individual services (e.g. online seminars), the customer must have an internet connection with a required bandwidth. The use of the web shop also requires a common browser (e.g. Microsoft Edge, Google Chrome or Mozilla Firefox) in the latest version. If the customer's equipment does not meet these requirements, he may not be able to use the web shop and/or the services or not to the full extent. The operator does not owe uninterrupted availability of the web shop.

2 Services of the operator

2.1 With the web shop, the operator provides an online shop through which customers can book services to be provided by the operator, including online seminars, face-to-face seminars, workshops and project support.

2.2 The Operator is entitled to further develop the Webshop at its own discretion, to add new functions and to improve existing functions.

3 Conclusion of contract, contract language

3.1 In order to book services via the webshop and thus conclude a contract for the services with the operator, the customer must be a natural person, at least 18 years of age and legally competent. In the case of a legal entity, the booking or the conclusion of the contract must be made by a natural person with unlimited legal capacity who is authorised to represent the legal entity in legal transactions. All information provided by the customer when booking via the web shop must be complete and true. If individual details change, the customer shall inform the operator immediately.

3.2 The customer can book the services of the operator via the web shop. To do this, the customer must first select a service of the operator via the web shop by clicking on it and then fill in the fields marked as "mandatory information" (name/company, address, telephone number, e-mail address). To complete the booking, the customer must click on the "Book now with obligation to pay" button. By clicking on the "Book now with obligation to pay" button, the customer submits an offer to conclude a contract regarding the selected service of the operator.

3.3 The Operator may accept the offer to conclude a contract regarding the selected service of the Customer by sending an e-mail to the e-mail address provided by the Customer. The customer has no legal claim to the conclusion of a contract. The operator can reject the customer's offer without giving reasons. If the operator accepts the customer's offer, the customer receives a booking confirmation with the e-mail as well as all further information required for the use of the booked service of the operator.

3.4 German is available as the contractual language for the conclusion of the contract. The customer is given the opportunity to download these General Terms and Conditions as a PDF document before completing the booking. In addition, the Operator saves the text of the contract and keeps it available at www.kaboob.de.

4 face-to-face seminars

4.1 If the customer has booked an in-person seminar, they will receive information about the exact seminar location and the time at which the in-person seminar will take place with the booking confirmation. Costs for travel and, if applicable, overnight accommodation at the seminar location are not included in the services of the Operator and shall be borne by the Customer.

4.2 The Operator reserves the right to change the seminar location and/or the time at which the face-to-face seminar takes place. The customer shall be notified of any change to the seminar location and/or time in text form at least one week in advance.

5 Remuneration

5.1 The remuneration due to the Customer for the individual services of the Operator is set out in the list of services within the scope of the web store. The remuneration includes the service as well as the preparation and follow-up of the service. All prices quoted are net prices plus statutory VAT at the applicable rate.

5.2 The customer shall receive an invoice after the service has been provided. Unless otherwise stated in the invoice, the payment period for the invoice amount is 14 days.

6 Duration of contract, termination

6.1 The contract for the services comes into force when the booking confirmation is sent to the customer by email in accordance with section 3.3. The contract ends with the performance of the service booked by the customer by the operator.

6.2 The contract may be terminated by either party in text form (e.g. by email) up to 14 days before the agreed date on which the service is to be provided. In the event of timely termination, the parties shall be released from their obligations.

6.3 The right of the parties to extraordinary termination of the contract remains unaffected. A reason for extraordinary termination exists in particular if

  • Discloses his access link and/or his access data to third parties contrary to clause 4.2,

  • The client has not paid due invoices in full or at all due to past orders.

7 Data protection

7.1 The Operator and the Customer shall observe the requirements of the applicable data protection law, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), when performing the contract for the Operator's services.

7.2 In the course of providing the web store and fulfilling the contract with the customer, the operator processes the customer's personal data to the extent described in the privacy policy.

8 Warranty and liability

8.1 The warranty shall be governed by the statutory warranty regulations.

8.2 Claims for damages due to breach of duty and tort as well as claims for reimbursement of futile expenses of the customer are excluded against the operator and its vicarious agents, subject to the following exceptions (Section 10.3).

8.3 The aforementioned limitations of liability shall not apply if the damage was caused intentionally or through gross negligence and in cases of breach of material contractual obligations. Material contractual obligations are contractual obligations whose fulfillment is essential for the proper execution of the contract, on whose compliance the customer may regularly rely, and whose breach on the other hand jeopardizes the achievement of the purpose of the contract. Furthermore, it does not apply to damages resulting from injury to life, limb or health if the operator is responsible for the breach of duty. Furthermore, the limitation does not apply to damages that are based on the absence of a warranted characteristic or for which liability is provided under the Product Liability Act. In cases of slightly negligent liability for damages for the breach of a material contractual obligation, liability is limited to typical and foreseeable damages.

9 Link to the online dispute resolution platform (OS platform)

Link to the ODR platform pursuant to Art.14(1) of Regulation EU No 524/2013: http://ec.europa.eu/consumers/odr/.

The operator is neither legally obliged nor voluntarily willing to participate in a dispute resolution procedure before a consumer arbitration board. In the event of a conflict, the operator will endeavour to find a mutually acceptable solution with the customer. Since arbitration boards are liable to pay costs, the operator will not participate in a dispute resolution procedure before a consumer arbitration board, also in the well-understood cost interest of the customer.

10 Final provisions

10.1 The Operator reserves the right to amend these General Terms and Conditions at any time. The operator will inform the customer of such changes in text form at least 4 weeks before the planned entry into force of the changes. If the customer does not object within 30 days of receipt of the notification, the changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the event of an objection by the customer, the contract for the services shall be continued under the previous conditions. In the notification of change, the operator shall inform the customer of his right of objection and of the consequences of not responding to the notification.

10.2 In the event that individual provisions of these General Terms and Conditions are or become invalid or unenforceable in whole or in part, or in the event that these General Terms and Conditions contain loopholes, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. In place of the invalid, unenforceable or missing provision, such a valid and enforceable provision shall be deemed to have been agreed between the parties as the parties would have agreed, taking into account the purpose of these Terms and Conditions, if they had been aware of the invalidity, unenforceability or absence of the provision in question.

10.3 These General Terms and Conditions are subject to the law of the Federal Republic of Germany with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and German international private law.

10.4 The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is the registered office of the Operator if the contracting parties are merchants, legal entities under public law or special funds under public law.

Status: April 2024