General terms and conditions
for the webshop of LJ & Partner
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.Jurischka@lj-partner.com
(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.lj-partner.com, (hereinafter "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, coaching, workshops and project support (online and/or in person) (hereinafter "Services") via the web store.
1.3 To book the services via the webshop and to use individual services (e.g. online seminars), the customer must have an internet connection with the required bandwidth. The use of the webshop also requires a standard 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 webshop and/or the services or not to the full extent. The operator does not owe uninterrupted availability of the webshop.
2 Services of the operator
2.1 With the webshop, the operator provides an online store through which customers can book services to be provided by the operator, including online seminars, face-to-face seminars, coaching, 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 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. When booking via the web shop, all information provided by the customer must be complete and accurate. If individual details change, the customer shall inform the operator immediately.
3.2 The Customer can book the Operator's services via the webshop. To do so, the Customer must first select a service of the Operator via the webshop by clicking on it and then fill in the fields marked as "mandatory" (name/company, address, telephone number, e-mail address). To complete the booking, the customer must click on the "Book now and pay" button. By clicking on the "Book now with obligation to pay" button, the customer submits an offer to conclude a contract for the selected service of the operator.
3.3 The Operator may accept the offer to conclude a contract regarding the Customer's selected service 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. Suppose the operator accepts the customer's request. In that case, the customer receives a booking confirmation with the e-mail and 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.lj-partner.com.
4 Online services
4.1 If the customer has booked an online service, they will receive a link and access data with the booking confirmation so that they can use the service via Microsoft Teams.
4.2 The customer is responsible for protecting the access link and his access data. They must be kept secret and may not be made accessible to third parties without the express consent of the Operator. The customer is aware that third parties could misuse the online service in the customer's name if they knew the access link and/or access data. If the customer discovers or suspects that his access link and/or his access data are being used by third parties, he shall inform the operator immediately of the suspicion.
4.3 In the event of reasonable suspicion of misuse of the access link and/or the customer's access data, in particular if this has been reported by the customer himself, the operator is entitled to immediately temporarily block access to the online service or - in cases of culpable action by the customer - to terminate the contract without notice. The operator shall inform the customer immediately in text form of the blocking of access to the online service.
5 Presence services
5.1 If the customer has booked an attendance service, they will receive information about the exact location and time at which the attendance service will take place with the booking confirmation. Costs for travel and, if applicable, overnight accommodation at the location of the presence service are not covered by the operator's services and shall be borne by the customer.
5.2 The operator reserves the right to change the location of the presence service and/or the time at which the presence service takes place. The customer shall be notified of any change of location and/or time in text form at least one week in advance.
6 Remuneration: Payment methods
6.1 The remuneration is accruing to the customer for the individual services of the operator results from the listing of the services within the framework of the web shop. The payment includes the service and the preparation and follow-up of the service. All prices stated are net prices plus the statutory value-added tax at the applicable rate.
6.2 The Client shall receive an invoice after the service has been provided. Unless otherwise stated in the invoice, the payment period for the invoice amount shall be 14 days.
6.3 The following payment methods are possible:
6.3.1 Payment via Paypal
If the customer has selected Paypal as the payment method, he must transfer the full payment amount via Paypal upon receipt of the booking confirmation after conclusion of the contract.
6.3.2 Payment via Stripe
If the customer has selected Stripe as the payment method, he must transfer the full payment amount via Stripe upon receipt of the booking confirmation after conclusion of the contract.
7 Term of contract, termination
7.1 The contract for the services comes into effect with the sending of the booking confirmation by e-mail to the customer in accordance with clause 3.3. The contract ends with the performance of the service booked by the customer by the operator.
7.2 The contract may be terminated by either party in text form (e.g. by e-mail) 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 services.
7.3 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.
8 Data protection
8.1 The Operator and the Customer shall observe the requirements of the applicable data protection law, in particular the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG), when performing the contract for the Operator's services.
8.2 In the course of providing the webshop and fulfilling the contract with the customer, the operator processes personal data of the customer to the extent described in the privacy policy.
9 Warranty and liability
9.1 The warranty shall be governed by the statutory warranty provisions.
9.2 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 (clause 10.3).
9.3 The aforementioned limitations of liability shall not apply if the damage was caused intentionally or by gross negligence and in cases of breach of material contractual obligations. Material contractual obligations are contractual obligations the fulfilment of which is essential for the proper performance of the contract, the observance of which the customer may regularly rely on, and the breach of which, on the other hand, jeopardises the achievement of the purpose of the contract. Furthermore, it does not apply to damages resulting from injury to life, body or health if the operator is responsible for the breach of duty. Furthermore, the limitation does not apply to damages based on the absence of a warranted characteristic or for which liability is provided for 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.
10 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.
11 Final provisions
11.1 The Operator reserves the right to amend these General Terms and Conditions at any time. The Operator shall notify 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 amendments shall be deemed to have been agreed with effect 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 to object and of the consequences of remaining silent on the notification.
11.2 In the event that any provision of these General Terms and Conditions is or becomes invalid or unenforceable in whole or in part, or in the event that these General Terms and Conditions contain any omissions, the validity of the remaining provisions of these General Terms and Conditions shall not be affected thereby. In place of the invalid, unenforceable or missing provision, such valid and enforceable provision shall be deemed to be 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 relevant provision.
11.3 These General Terms and Conditions shall be governed by the laws 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 private international law.
11.4 The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be 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
