§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Machwürth Team International GmbH) via the www.mticonsultancy.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

(3) These terms and conditions also apply to free offers, in particular the downloading of materials in exchange for personal data such as your e-mail address.

§ 2 Formation of the contract

(1) The object of the contract is the sale of goods or the provision of digital content free of charge.

(2) By placing the respective product or offer on our website, we submit a binding offer to conclude a contract.

(3) The contract is concluded via the online shopping cart system or by entering your e-mail address and the subsequent download.

(4) Requests for the preparation of individual offers are non-binding. We will send you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Conclusion of the contract for download products

(1) The object is the sale or provision free of charge of digital content that is not supplied on a physical data carrier.

(2) The contract is concluded either via the shopping cart system or by receiving the download link after entering your e-mail address.

(3) After purchase or data transfer, you will receive a simple user license in accordance with § 4.

(4) Note: Your right of withdrawal expires prematurely for digital products if you expressly agree and acknowledge that we will begin to execute the contract before the end of the withdrawal period.

§ 4 License of use for download products

(1) The download products offered are protected by copyright. You will receive a simple user license for each download product purchased from us, unless otherwise stated in the respective offer.

(2) The single user license includes permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device.

Any further copying is prohibited. You are expressly prohibited from modifying or editing a file or parts thereof and making it available to third parties in any way, either privately or commercially.

§ 5 Conclusion of the contract for courses

(1) The subject of the contract is the provision of courses.

By posting the respective course offer on our website, we submit a binding offer to you to conclude a contract under the conditions specified in the respective course description.

(2) The booking is made via the shopping cart system. You will receive an order overview for checking before completion.

(3) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

(5) Note: There is no right of withdrawal for courses with a fixed date in accordance with Section 312g (2) No. 9 BGB.

§ 6 Provision of services for courses

(1) The courses shall be held in the form described in the respective offers on the agreed dates.

(2) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer.

If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already rendered will be refunded immediately.

(3) If an individual event is canceled due to the short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.

In the case of events consisting of several dates, if a date is canceled due to the short-term absence of the course instructor due to illness or for other important reasons, the canceled date will be made up on an alternative date.

(4) In connection with the use of course rooms and facilities, you must comply with the house rules displayed locally. You must adhere to our instructions or the instructions of the course instructor.

§ 7 Substitute participants

You can nominate a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.

§ 8 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted prior to the transfer of ownership of the reserved goods.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 9 Warranty

(1) The statutory liability for defects shall apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;

- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 10 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

4. right of withdrawal

The statutory right of withdrawal for consumers applies. Exceptions apply to digital content (§ 3 para. 4) and courses with a fixed date (§ 5 para. 5). The complete withdrawal policy can be found here.

5. data protection

You can find our privacy policy here.