1. scope of application
1.1 These general terms and conditions apply to all legal transactions of one eight zero GmbH (hereinafter referred to as "OEZ") with its contractual partners (hereinafter referred to as "contractual partner").
1.2 By registering for offers provided by OEZ or by ordering services provided by OEZ, the contractual partner declares to be in agreement with these GTC. The applicability of general terms and conditions or other contractual conditions of the contractual partner is excluded.
2 Subject matter and conclusion of contract
2.1 OEZ offers, among other things, coaching, seminars as well as training and consulting events.
The contracting partner's registration for an offer by OEZ or the ordering of services is made via OEZ's website and constitutes a binding contractual offer to OEZ. A contract is only concluded upon declaration of acceptance by OEZ. A mere confirmation by OEZ that it has received an order does not in itself constitute a contractual relationship. 2.2.
2.2 If the subject of an order is an offer addressed to several persons (e.g. group coaching, group seminar, etc.), a contract will only be concluded if a minimum number of participants announced by OEZ in advance is reached for the offer. However, if the minimum number is not reached, OEZ also has the right to conclude a contract by unilateral declaration and to provide the service.
2.3 When registering for an event, coaching or seminar, the contractual partner must state the number of participants for whom the registration is to apply. If a registration is made for several participants, the person making the registration shall be the contact person for OEZ. Information on the service used is therefore deemed to have been made available to all participants when it is received by the person registering.
2.4 Employees of OEZ are not entitled to make verbal subsidiary agreements with the contractual partner or to give assurances that go beyond the content of OEZ's written declarations. Such verbal agreements are ineffective.
3. performance by OEZ
3.1 OEZ has the right to cancel or postpone an event if the performance of the service would be impossible or would involve disproportionate effort for reasons worthy of consideration (e.g. illness of the speaker scheduled for an event).
In such cases, OEZ will endeavour to hold the event or provide the service on an alternative date. If this is not possible, OEZ is entitled to withdraw from the contract. 3.2.
3.2 In cases of force majeure, in particular catastrophes, strikes, acts of war and other unforeseeable and unavoidable circumstances beyond OEZ's control, OEZ is not obliged to perform until the event in question no longer constitutes an obstacle to the provision of services.
If, even after the end of an event deemed to be force majeure, performance is impossible for reasons worthy of consideration or involves a disproportionately high effort, OEZ is entitled to withdraw from the contract.
3.3 OEZ is entitled to exclude persons whose behaviour disrupts the smooth running of an event or the smooth provision of services by OEZ from participating in its events or from using its services.
In this case, the contractual partner shall not be entitled to a refund of payments made. Any fees not yet paid shall nevertheless be payable.
4 Remuneration and payment
4.1 Unless other payment terms have been contractually agreed, the contracting party shall be obliged to pay the agreed fee in advance. All payments shall be due without deduction upon presentation of the invoice.
Unless otherwise agreed, the agreed fee is exclusive of VAT and any special costs and cash expenses incurred by OEZ.
In the event of default, the contracting party shall owe default interest of 9% above the base interest rate per year. 4.1 The contracting party shall reimburse OEZ for any dunning, collection and legal costs necessary for appropriate legal action.
4.2 OEZ only accepts the means of payment offered to the contractual partner during the order process.
OEZ is entitled to send the invoice to the e-mail address provided by the contracting partner when placing the order.
4.3 The contracting partner is only entitled to set-off if and to the extent that its counterclaims are legally related to its obligation and have been legally established or recognised by OEZ.
4.4 Unless otherwise agreed in the contract, the contractual partner shall pay the fee (in full) even if he/she is unable to make use of the ordered service (e.g. if he/she is unable to participate in an event).
Cancellation by the contract partner is therefore only possible if this has been expressly agreed.
5.1 OEZ provides consultancy and training services for which a specific success or a specific result is generally not deemed to have been agreed. Therefore there is no warranty obligation for a certain result or the fulfilment of certain expectations of the contracting party.
5.2 The contractual partner's claims for damages shall only exist in the event of damage caused by OEZ through gross negligence or wilful intent. Compensation for consequential damage or loss of profit is excluded.
These limitations of liability do not apply to personal injury.
6. rights of use and copyrights
OEZ does not transfer any rights of use or copyrights to the documents, concepts, drafts and other materials created within the scope of the service. Such rights are therefore not transferred to the contractual partner upon payment of the remuneration. In particular, the dissemination, reproduction and provision of such materials - even in edited form or in excerpts - is therefore not permitted to the contractual partner.
They may therefore also not be used for other seminars or similar services, revised, rewritten or changed or adapted in any other way.
Audio and/or video recording of events, coaching sessions or other services provided by OEZ is not permitted.
7 Right of withdrawal for consumers
7.1 If the contracting party is a consumer, he has the right to withdraw from a contract without giving reasons. The withdrawal period is fourteen days from the day of conclusion of the contract.
In order to exercise the right of withdrawal, the contractual partner must inform OEZ of his decision by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, the contractual partner may use the sample withdrawal form provided, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient for the contractual partner to send the notification of the exercise of the right of withdrawal before the expiry of the period.
7.2 Consequences of withdrawal
If the contracting partner withdraws from a contract, OEZ must reimburse him all payments as well as any delivery costs (with the exception of additional costs resulting from the fact that he has chosen a type of delivery other than the cheapest standard delivery offered by OEZ) without delay and at the latest within fourteen days of receipt of the notice of withdrawal.
For this repayment, OEZ shall use the same means of payment that the contracting partner used.
7.3 In the case of contracts for services, there is no right of withdrawal if OEZ, at the express request of the contracting partner, commences performance of the contract before expiry of the withdrawal period and the contracting partner confirms that he will lose his right of withdrawal upon complete performance of the contract.
7.4 If OEZ's service consists of the delivery of digital content not stored on a physical data carrier, the contracting partner has no right of withdrawal if OEZ, with the contracting partner's express consent, combined with the contracting partner's knowledge of the loss of the right of withdrawal, begins with the service before the expiry of the withdrawal period and sends the contracting partner a confirmation of the concluded contract on a durable data carrier.
7.5 If the contractual partner has requested that OEZ commence performance of the service during the withdrawal period without this being associated with a waiver of the right of withdrawal, the contractual partner must pay an amount which corresponds to the services provided by OEZ in comparison to the contractually agreed total price when exercising the right of withdrawal.
8.1 Unless mandatory provisions stipulate a different place of jurisdiction, OEZ's registered office is the place of jurisdiction for disputes arising from all contracts concluded with OEZ. OEZ's registered office is also the contractual place of performance.
8.2 Amendments to a contract must always be made in writing. This also applies to any waiver of this formal requirement.
8.3 Austrian law shall apply to the exclusion of conflict-of-law rules.
8.4 Should one or more points of these terms and conditions be or become invalid, this shall not affect the validity of the remaining points and the validity of the contract in its entirety. The invalid provision shall be replaced by a provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid provision.
If you have any questions regarding our courses, coaching sessions or any other issues you might wanna know more about, use the form to the right and contact us!