1. Scope of Application
1.1 For all business relations established via this website www.kegon.de between KEGON AG, Wiesbaden, as operator of the website (hereinafter referred to as "KEGON") and its Customers, these General Terms and Conditions E-Commerce of KEGON AG (hereinafter referred to as "GTC") shall apply exclusively in the version in force and effect at the time when Customer places the order. Unless expressly accepted by KEGON, deviating standard terms and conditions of Customer do not apply, even if KEGON has not expressly rejected the application of such terms and conditions. The provision of services by KEGON shall not be deemed acceptance of Customer's contractual conditions.
1.2 KEGON addresses the offering placed on this website www.kegon.de exclusively (i) to entrepreneurs who or which act in exercise of their trade, business or profession, (ii) to public bodies and (iii) to special funds under public law according to section 310 par. 1 of the German Civil Code (in this GTC collectively referred to as “Customer”). Thus, the scope of application of this GTC is restricted to business with the aforesaid entities. The present GTC do not apply to any consumer related business.
2. Offers, Placement and Acceptance of Orders
2.1 All offers made by KEGON on the website www.kegon.de are non-binding. This applies in particular to information in training descriptions and price lists which KEGON makes available on the website www.kegon.de. In order to process orders, invoices and payments for training events we use XING Events.
2.2 By sending an order on the www.kegon.de website, Customer makes a binding offer to conclude a corresponding contract and accepts the application of these GTC.
2.3 KEGON confirms the receipt of Customer’s order by e-mail. This e-mail shall not be considered as Customer’s order being accepted.
2.4 Orders and other agreements - in particular insofar as they deviate from these GTC - shall only be binding if KEGON confirms or accepts the relevant order, provided that such confirmation or acceptance must be submitted at least in text form (e.g. e-mail or fax). Agreements on behalf of KEGON made by employees who are not authorized to represent KEGON are non-binding for KEGON as long as they will not be confirmed by a person authorized to represent KEGON.
3.Prices and Payment, Set-off and Retention
3.1 Prices mentioned in price lists and advertising materials are non-binding. In each single case the price applies that has been agreed in the order accepted by KEGON.
3.2 All prices and fees are shown as net prices, on which the statutory value added tax (as amended) will be charged, if applicable. This also applies to flat rates in the event of cancellation by Customer (see section 7 below).
3.3 Payments are due upon receipt of the invoice and are to be paid by Customer no later than fourteen (14) days after receipt of the invoice. The invoice amount must be credited to KEGON's account in order to meet the deadline. Trainings, which have been booked via the XING Events platform are invoiced by XING SE.
3.4 Only counterclaims that are undisputed, ripe for adjudication or reduced to final non-appealable judgment may be set-off by Customer against any receivables held by KEGON. Customer may enforce a right to withhold counter-performance only on the basis of counterclaims that are based on the same contractual relationship.
4. Rights to Training Documentation
4.1 Any and all education, training, seminar and presentation related documents, presentations as well as working materials and documentations (hereinafter collectively referred to as „Training Documentation“) are protected by copyright. Customer is not entitled to exploit the Training Documentation, neither physically nor non-physically. Customer's statutory right to transfer to third parties original physical copies of the Training Documentation provided by KEGON remains unaffected.
4.2 Customer is obliged to maintain unchanged any intellectual property right notations contained in the Training Documentation such as copyright notices and other reservation of rights.
5. Title Retention
KEGON retains title to the services rendered and goods delivered, in particular to Training Documentation, until all claims arising from the current business relationship have been settled in full.
6. Photography and Filming at Trainings
6.1 In the course of booked trainings, photo and film recordings might be made in which participants are visible and, in the case of sound recordings, audible. Provided that the explicit consent of the participants has been obtained, KEGON may use these photographs and film footage for marketing and advertising purposes, including the cultivation of KEGON's image and for advertising its products and services in analogue and digital form.
6.2 The above consent in section 6.1 includes in particular the use of the photographs and film footage in presentations and advertising materials (e.g. in training flyers, in customer presentations, at trade fairs) as well as public access via the Internet, including social networks or social media.
7. Cancellation by Customer, Replacement
7.1 Customer may cancel its participation in a booked training at any time prior to its start. The cancellation must be declared in text form.
7.2 In the event Customer cancels its participation up to two (2) weeks prior to the start of the training, KEGON will charge a flat processing fee of onehundredfifty euros (150 €) net. If the cancellation is made up to one (1) week prior to the start of the training, the customer shall pay a lump sum of 50% of the agreed participation fee. If Customer declares cancellation later or misses to participate, the full attendance fee will be charged as a lump sum. However, Customer may prove that KEGON suffered a lower loss than the aforementioned lump sum in question as a result of the cancellation or non-participation; in this case, the lower amount shall be applied instead of the lump sum.
7.3 The right to attend the training can be transferred to a replacement at any time. Notwithstanding the foregoing, the replacement must be nominated to KEGON in text form in advance.
7.4 You can rebook business event attendance for a different date, subject to availability. KEGON charges a flat handling fee of one hundred euros (100 €) net for the rebooking.
8. Cancellation of Trainings by KEGON
8.1 KEGON is entitled to cancel planned trainings if the number of participants that is required to cover the costs for organizing the respective training is not reached. In such a case, Customer must be notified of the cancellation no later than three (3) weeks prior to the scheduled date of the training. In addition, the cancellation is allowed if the training cannot be performed for any reason that is not attributable to KEGON (e.g. sickness of speaker without a replacement speaker being available).
8.2 Provided that KEGON cancels a training, KEGON refunds Customer the participation fee. Any travel costs incurred by the customer are not refundable. However, the customer may only claim damages or reimbursement of expenses subject to section 10.
9. Limitation Periods
9.1 The limitation period for defects is one (1) year.
9.2 The limitation period for Customer‘s claims based on KEGON’s breach of its duties to perform services is one (1) year.
9.3 The limitation period commences according to the applicable statutory provisions.
9.4 Notwithstanding sections 9.1 and 9.2, the regular statutory limitation periods apply if KEGON is liable for any intentional acts or omissions, fraud, gross negligence, product liability according to the German Product Liability Act (ProdHaftG), the lack of a certain quality guaranteed by KEGON as well as for losses based on an injury to life, body or health.
10. Limitation of Liability
10.1 KEGON will be liable in accordance with the statutory provisions for any intentional acts or omissions, fraud, product liability according to the German Product Liability Act (ProdHaftG), the lack of a certain quality guaranteed by Insiders as well as for losses based on an injury to life, body or health.
10.2 If the conduct of KEGON constitutes gross negligence, then the liability will be limited to the damages considered foreseeable for contracts of that type.
10.3 In the event of simple negligence, KEGON is liable based on whatever legal reason, only if a material contractual duty has been breached, i.e. a duty the fulfillment of which makes the ordinary performance of the contract even possible and the compliance with which Customer can and should regularly rely on (e.g. duty to perform trainings according to the contract). In this case, the liability will be limited to the damages considered foreseeable for contracts of that type.
10.4 In the event KEGON is liable, Customer’s contributory fault must be reasonably taken into consideration.
10.5 To the extent that liability is limited to the damages considered foreseeable for contracts of this type in accordance with sections 10.2 and 10.3, KEGON is assuming that the sum of three thousand euros (EUR 3,000) per event of damage is sufficient, in order to cover the damages considered foreseeable for contracts of this type in this particular event of damage. Should this amount not suffice to cover the foreseeable damages, then the Customer must inform KEGON thereof in text form in order to ensure that any corresponding adjustment to the liability sums will be made by the contracting parties and KEGON can in fact cover the increased risk, if necessary, by taking out an appropriate liability insurance policy.
10.6 The liability limitation agreed to under this section 10 also applies in favor of KEGON‘s statutory representatives and vicarious agents.
10.7 The foregoing provisions under this section 10 apply mutatis mutandis, where KEGON must reimburse wasted expenditures instead of compensate damages.
10.8 Any liability claims of Customer that are more extensive than those expressly stated in this section 10 and that relate to compensatory damages and reimbursement of wasted expenditures, based on whatever legal reason, are excluded and disclaimed. The foregoing also applies, above all, to liability that is not based on fault.
11. Data Protection
11.1 KEGON processes personal data of purchasers and, if deviating, participants to the extent such data are necessary for the execution of contract concluded with the Customer. KEGON creates for each training a list of participants in which the first name, family name, company and city of the registered participants will be printed. Being part of the Training Documentation, all participants will be provided with the list of participants related to their booked training. Nevertheless, participants will only be included in the list of participants with their prior explicit consent.
11.2 To the extent necessary for the organization and performance of trainings, KEGON is entitled for this sole purpose to transfer participants‘ data to third parties, e.g. to printers, hotels or licensing partners. Any transfer of participants‘ data and, to the extent collected, purchasers‘ data to third parties beyond the aforesaid purpose does not take place.
11.3 More detailed information can be found in data protection policy.
12. Mention of Reference Customers
KEGON is allowed to mention Customer as reference customer for advertising purposes.
13.1 Customer is not allowed to assign to third parties any of its claims against KEGON; section 354a of the German Commercial Code remains unaffected.
13.2 Any modifications and amendments to as well as the partial or complete cancellation of these GTC and any contracts executed on their basis must be in writing. The aforementioned also applies when the parties decide to cancel or modify the written form requirement.
13.3 Exclusive jurisdiction and venue for all disputes arising from or connected with these GTC shall lie with the courts of Wiesbaden, Germany. These GTC are governed by the laws of the Federal Republic of Germany to the exclusion of the conflict of laws principles and of the UN Sales Convention.
13.4 Should any provision of these GTC be or become invalid or unenforceable, then the validity of the remaining provisions will not be affected thereby. In such case the remainder of these GTC shall be deemed valid and binding as if such provision was not included herein and the parties shall agree upon any necessary and reasonable adjustments in order to secure the vital interests of the parties. The latter applies also in cases where in performing the GTC an omission or contractual gap becomes apparent.
13.5 When booking trainings via XING events, New Work SE´s general terms and conditions (GTC) also apply.