GENERAL TERMS AND CONDITIONS - hoFFmann consulting Personal

hoFFmann consulting services
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General terms and conditions of business

1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this.

2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with hoffmann consulting services, owner Marcus Hoffmann, Göppinger Weg 4, 71732 Tamm, The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The prices stated on the product pages include statutory VAT and other price components. By clicking the order button, you are making a binding offer for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit the order. We accept your offer within two days by submitting a declaration of acceptance in a separate email or, if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time when the payment transaction is carried out depends on the payment method selected (see under “Payment”). The alternative that is relevant to you depends on which of the listed events occurs first.

3. Contract language, contract text storage
The language(s) available for concluding the contract: German, English.
We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions
Delivery only takes place online after receipt of payment. We deliver free of charge. Unfortunately, a self collection of the product is not possible. We do not deliver to packing stations.

5. Payment
The following payment methods are generally available to you in our shop:
Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

6. Right of withdrawal
Consumers have the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title​​​​​​​
The goods remain our property until full payment. The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may not resell the reserved goods in the ordinary course of business.When purchasing digital products, the buyer acquires a non-exclusive temporary right of use. Passing on the transmitted access data for digital products to third parties is not permitted. Violations will be billed accordingly. To secure our intellectual property, IP addresses are temporarily recorded, which will be deleted within four weeks after the non-exclusive temporary right of use has expired. An acquired non-exclusive temporary right of use applies to one user. If additional people are sitting in front of a screen, additional usage rights must be purchased. Demonstration of the training in a training room or similar in front of several people is prohibited. Please contact us if you're interested.

8. Warranty and guarantees​​​​​​​
8.1 Liability for defects
Unless expressly agreed otherwise below, the statutory liability law applies.
The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents in the event of injury to life,body or health in the event of intentional or grossly negligent breach of duty as well as fraudulent breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed, or to the extent that the scope of application of the Product Liability Act has been opened.

Restrictions on entrepreneurs
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement regarding the quality of the goods; We assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations towards merchants
The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8.2 Warranties and customer service
Information about any additional guarantees that may apply and their exact conditions can be found with the product or on special information pages in the online shop.

9. Liability​​​​​​​
We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, if agreed, or insofar as the scope of application applies of the Product Liability Act has been opened.  In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited. Otherwise, claims for damages are excluded.

10. Dispute Resolution​​​​​​​
The European Commission provides a platform for online dispute resolution (OS). Further information is available at the following link:
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Final provisions​​​​​​​
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Cancellation policy¹

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us hoffmann consultingservices, Marcus Hoffmann, Göppinger Weg 4, 71732 Tamm, Germany, 07141/2422473, by means of a clear statement (e.g. a letter sent by post or an email). inform you about your decision to withdraw from this contract If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must deliver the goods to us or to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract (this may include the name and address of the person authorized by you to receive the goods). to be inserted) to be returned or handed over. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of revocation -

(¹ This cancellation policy applies from May 28, 2022. It does not apply to the separate delivery of goods.)
General terms and conditions created with the Trusted Shops legal copywriter and templates from the Munich Chamber of Industry and Commerce
As of March 22, 2023

Revocation form

You can find a corresponding form: hier
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