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Terms of Service

1. Preamble

1.1 Service criteria

socreatory GmbH (hereinafter: “socreatory”) offers training online and in person on various topics of IT, especially relating to software architecture.

1.2 Service provider’s personal details

Postal address and address for service

socreatory GmbH
Krischerstraße 100
40789 Monheim am Rhein
Telefon: +49 2173 3366 111
Fax +49 2173 3366 222
E-Mail: [email protected]

2. Applicability

2.1

These General Terms and Conditions (hereinafter: “GTC”) apply between socreatory and the participants within as relates to training reservations via the webshop at https://www.socreatory.com (hereinafter: “Webshop”). These GTC shall also apply to all statements of intent relating to the aforementioned contracts, legal transactions or actions similar to legal transactions by socreatory and the participant.

2.2

These GTC shall apply exclusively, unless agreed otherwise in writing in the respective contractual relationship. Any terms of the participant differing from or opposing these GTC are not accepted by socreatory.

3. Definitions

3.1

”Consumer” within the meaning of these GTC means every participant, who concludes the contract as a natural person for purposes that are not primarily attributable to either his/her commercial nor his/her independent professional activity.

3.2

“Entrepreneur” within the meaning of these GTC means every participant, who acts in exercise of his/her commercial or independent professional activity when concluding the contract.

3.3

"Training” within the meaning of these GTC means all events offered in the Webshop and all related services, regardless of whether these are organised as online or in-person events and regardless of what their title is in the concrete case.

3.4

“Training Date” within the meaning of these GTC means the date on which a Training takes place.

4. Offer, conclusion of the contract, content of the contract. contract text, possibilities for correction

4.1

The presentation of the Trainings in the Webshop does not represent a binding offer for the conclusion of a contract yet. The participant can navigate the Webshop and initially place the Trainings that are offered in the Webshop for one of the Training Dates in the shopping cart without commitment. The participant can correct his/her input at an time before sending the binding order by clicking on the “back” button or using the provided correction functions in the order summary displayed before sending the binding order

4.2

If the participant completes the order process by clicking the “Order against payment” button, he/she will make a binding offer to socreatory for the conclusion of the contract for the selected Trainings. Receipt of the offer will be confirmed by a confirmation of receipt sent by email. This confirmation of receipt does not represent an acceptance of the offer yet.

4.3

The contract will become effective by socreatory’s binding acceptance of the participant’s offer once the order was received and socreatory has sent its confirmation email. socreatory reserves the right to reject orders from individual participants without a statement of reasons. sending an invoice to the participant shall be regarded as equivalent to an explicit declaration of acceptance. In these cases, the participant waives receipt of the declaration.

4.4

The essential content of the contract between the participant and socreatory results from the order data that are transmitted via the Webshop in the course of the order process, in addition to the further information and furthermore these GTC in the version transmitted to the participant in the confirmation email. The respectively most recent version of the General Terms and Conditions of socreatory can be accessed on the website at https://www.socreatory.com/en/agb.

4.5

The language in which the contract text is available is German.

4.6

The Trainings are aimed at different target groups and require different prior knowledge, which is specified in the detail information about the respective Trainings. The participant shall have sole responsibility for reviewing if he/she meets the requirements.

4.7

Individual Training Dates are organised online using video conferencing software (Zoom) or a comparable program. The participant will receive precise information before the training date by email as to the technical requirements (in particular, hard and software requirements) for participation in the Training, instructions for use, and login details for the video conferencing solution used for the Training Date. A certificate of participation can be issued only if the participant visibly demonstrates his/her attendance in a functioning video picture. The participant him/herself must ensure that he/she has an internet-capable end device available, which meets these requirements.

4.8

If a Training Date is organised as an in-person event, the participation may be subject to additional statutory rules and requirements, especially such for reasons of infection prevention (e.g. mask mandates and distancing rules, testing requirements or proof of vaccination). socreatory shall provide information as soon as possible about these additional requirements in such cases.

4.9

The participant has no right to the booked Training being held by the lecturers named in the Webshop. The right of substitution of a named lecturer for cause, for example, due to illness or other prevention remains reserved. A named lecturer may be replaced in such cases only by another lecturer, who is comparably qualified for the respective Training contents. The same applies to all other services of socreatory. socreatory is entitled to make substantive, methodological or organisational changes or deviations before or during the Training, insofar as such do not substantially alter the benefit of the offered Training for the participant.

5. Prices, invoice, terms of payment

5.1

5.1 The offered prices apply as at the date of the order. Unless stated otherwise, all price indications are understood as end prices in euro including the statutory value added tax plus any costs for shipping and packaging, which will be listed and charged separately.

5.2

Payment shall become due as payment in advance 28 days after the Training is booked, whereas before the Training Date in all cases.

5.3

Invoices shall be transmitted by email or be provided to the participant in electronic form as PDF file.

5.4

The participant can choose from a number of different payment methods (currently payment in advance by bank transfer, purchase against invoice, and credit card), which are described in detail in the Webshop. Some of the payments (currently applicable to credit card payments) will be processed via services provided by third parties, e.g. Stripe, the use of which may be subject to separate conditions. The participant will be informed separately of these separate conditions when he/she selects the relevant payment instrument. Any charge against the respective means of payment meanwhile will usually be made directly on the completion of the order. Insofar as payment in advance or purchase against invoice is chosen, the participant will normally be informed of the due date in a separate notice (e.g. on the invoice, on the notification of the details for the bank transfer and the purpose for payment). For the rest, Section 5.2 of these GTC applies.

6. Term, cancellation of Training Dates, termination and force majeure

6.1

6.1 The contracts concluded in the course of booking a Training via the Webshop are generally binding on both Parties and cannot be cancelled. Any potentially applicable right of revocation (see Section 10) shall remain unaffected thereof. Unless defined otherwise, the term of the contract shall begin on the conclusion of the contract and end at the end of the last Training Date.

6.2

The participant does not have a contractual right of withdrawal. The participant has a right of ordinary termination. The possibility for both Parties to terminate the contract without notice pursuant to the legal regulations remains unaffected by the provisions of these GTC.

6.3

6.3 socreatory reserves the right to cancel Training Dates for insufficient demand or insufficient numbers of participants or for other good reasons outside of our responsibility (e.g. force majeure, notably fire damages, floods, strikes, legitimate lockouts and diseases, including epidemics and pandemics, insofar as an at least “modest” risk level is declared by the Robert Koch Institute) at the latest 14 calendar days before the relevant Training Date. This shall only apply if holding the Training is not reasonably acceptable to socreatory in consideration of the participant’s interests. In these cases, any ticket prices already paid shall be fully refunded. Further warranty and damage compensation claims shall be excluded in that case, insofar as socreatory is not accused of intent or gross negligence.

6.4

6.4 The Party affected of a case of force majeure (specifically fire damages, floods, strikes, legitimate lockouts and diseases, including epidemics and pandemics, insofar as the risk level of at least “modest” is declared by the Robert Koch Institute) shall be exempted from the performance of its duties under the contract or these GTC, which are affected by the circumstances establishing force majeure, for the duration and to the extent of the effects from these circumstances. This shall apply in particular to the obligation for performance/delivery or acceptance of services.

6.5

If the participant does not attend a Training Date booked by him/her and if he/she therefore comes to be in default with the acceptance of the services, socreatory may still demand the agreed ticket price without being obligated for subsequent performance. In that case, socreatory must accept deductions, however, of the value of what socreatory has saved for this reason or which it earns or which it should have earned by filling the training slot becoming available wth someone else.

6.6

In the case that he/she cannot attend a Training Date booked by him/her, the participant may rebook the Training Date to another Training Date with the same content, free of charge up until 14 calendar days before the Training Date at the latest, provided such alternative Training Date is available. No right is established to this. Rebooking necessarily requires a written notification by email to [email protected] The participant may alternatively name a substitute participant and transfer the ticket to him/her.

7. Reservation of title and use of Training materials

7.1

To the extent that documents and training materials are provided to the participant before or during the Training, socreatory reserves the unrestricted ownership of these documents and training materials until complete satisfaction of all payment obligations by the participant.

7.2

The participant shall receive the non-transferable, simple right without limitation in region and time to use the documents and training materials made available by socreatory for his/her own purposes. This also includes the right to modify, translate, edit or otherwise reconfigure, and store the documents or otherwise reproduce them, provided that this is done for personal purposes.

8. Discounts

8.1

The discounts offered by socreatory cannot be combined.

8.2

The validity period of a discount can be limited. The expiration date shall be notified to the participant along with the discount code respectively needed for redemption. After the expiration of this date, the discount code will lose its validity and cannot be redeemed anymore. The participant has no right to be paid out the discounts granted by socreatory.

8.3

If a Training Date that was booked at a discount is rebooked and if the Training Date and not the booking date was decisive for the discount, the discount cannot be applied to dates after the expiration date. In that case, the difference for the full amount must be paid by the participant. Free cancellation is also not possible in case of a discount. The participant has no right to an alternative date within the discount period.

9. Liability

socreatory shall be liable for damage compensation within the scope of the statutory provisions only in accordance with the following provisions.

9.1

Statutory shall have unlimited liability for damages resulting from injury to life, body or health, damages that are based on intent or gross negligence by socreatory or one of its legal representative or vicarious agents, and for damages due to a failure to fulfil a guarantee given by socreatory or for defects fraudulently concealed by socreatory.

9.2

socreatory shall be liable in cases in which socreatory has fault for simple negligence for the breach of duty the compliance with which is essential for reaching the purpose of the contract (“cardinal duty”), notably all primary duties. Cardinal duties are furthermore all duties, the fulfilment of which enables the regular execution of the contract in the first place and the fulfilment of which the Contractual Partner may regularly rely upon. In these cases of simple negligence, liability of socreatory shall be limited to compensation of the predictable damage that is typical for the contract.

9.3

Any further liability of socreatory shall be excluded, regardless of the legal nature of the claim asserted. The regulations of the Product Liability Act shall remain unaffected.

9.4

The foregoing liability limitations shall also apply in favour of the legal representatives and vicarious agents of socreatory if claims are brought directly against them.

10. Right of revocation

If the participant acts as a Consumer (see Section 3.1), he/she shall be entitled to a statutory right of revocation of which he/she is instructed as follows:

Instruction on the Right of Revocation

Right of Revocation

You have the right to revoke this contract within fourteen days without a statement of reasons.

The revocation period is fourteen days from the day of the conclusion of the contract.

To exercise your right to revocation, you have to inform us (socreatory GmbH, Krischerstraße 100, 40789 Monheim am Rhein, phone: +49 2173 3366 0, fax: +49 2173 3366 222, email: [email protected]) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. To do so, you can use the enclosed sample revocation form, but it is not mandatory to use it.

To observe the revocation period, it is sufficient if you mail the notification of the exercise of the right of revocation before expiration of the revocation period.

Consequences of revocation

If you revoke this contract, we shall return all payments to you that we have received from you, including the delivery costs (except for the additional costs incurred because you have chosen a different delivery type than the one offered by us, which is the most efficient standard deliver), without delay and at the latest within fourteen days from the day on which the notification of your revocation of this contract was received by us. We will use the same payment instrument for this repayment, as the one that you have used in the original transaction, unless explicitly agreed otherwise with you. You will never be charged any fees for this repayment. If you have requested that the services should begin during the revocation period, you shall pay us an appropriate amount, at the rate of the services already performed up until the time when you inform us of the exercise of the right of revocation relative to the overall scope of the services intended under the contract.

Sample Revocation Form

(If you wish to revoke the contract, please fill out this form and return it to us.)

An:
socreatory GmbH
Krischerstraße 100
40789 Monheim am Rhein
Telefon: +49 2173 3366 111
Fax +49 2173 3366 222
E-Mail: [email protected]

I/We (*) hereby revoke the contract I/we (*) have concluded for the purchase of the following merchandise (*) / the performance of the following services (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for notification on paper)

Date

(*) strike if inapplicable.

11. Out-of-court dispute resolution

11.1

The European Commission provide a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/, which can be used by Consumers for the resolution of a dispute and where they can find more information on the matter of dispute resolution.

11.2

socreatory is neither obligated nor willing to participate in dispute resolution procedure before a consumer mediation office in the case of a dispute with the participant.

12. Data protection

socreatory processes the personal data, which are transmitted by the participant in the course of the order to socreatory, in order to perform the contract and where required to enforce the rights and claims of socreatory or be able to fulfil the rights and claims of the participant; Art. 6 (1) lit. b), lit. f) GDPR. Furthermore, socreatory retains certain documents and data, and thus also certain personal data in order to satisfy the retention obligations, which are incumbent upon socreatory under commercial and tax law; Art. 6 (1) lit. c) GDPR. The participant can find further information about the processing of personal data in the Datenschutzhinweisen.

13. Final provisions

13.1

Exclusively the law of the Federal Republic of Germany governs contracts within the scope of these GTC. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. If the participant is a consumer, the mandatory consumer protection regulations apply in addition, which are valid in the state in which the participant maintains his/her permanent residence, insofar as they grant broader protection to the participant than the afforded by the law of the Federal Republic of Germany.

13.2

If the buyer is a legal entity of public law, a public-law investment fund or a merchant, the place of socreatory’s registered office shall be the exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions including such relating to their validity.

Status: July 1 2022