General Terms and Conditions of Business (GTC)
The following General Sales and End User Terms and Conditions (GTC) apply in the version valid at the time of the respective order for the online shop under the URL https://www.pmi-m.de/de/information/shop/ as well as for its sub-pages, (hereinafter referred to as: PMI). PMI is operated by the PMI Production Management Institute GmbH, legally represented by its managing director: Andrea Walbert, Fraunhoferstraße 22, 82152 Planegg, E-Mail: firstname.lastname@example.org, Phone: +49 (89) 857 61 46 Fax: +49 (89) 859 58 38.
PMI distributes seminars, continuing education events, examinations and examination certificates.
PMI recommends that these GTC as well as the other legal and contractual texts for the documentation of the respective business transaction be independently printed or saved. A comprehensive storage of the contract texts for the respective business transaction does not take place by PMI.
1. Subject Matter, Definitions of Terms and Contact
1.1 These GTC's apply to all contracts that the customer defined below concludes with PMI for the goods defined below in this online shop.
1.2 The application of Customer's own terms and conditions of business is hereby rejected, unless otherwise expressly agreed with the Customer in writing.
1.3 "Customer" in the sense of these GTC shall mean both Consumers and Entrepreneurs.
1.3.1 “Consumer” within the meaning of § 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.3.2 “Entrepreneur” within the meaning of § 14 BGB is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.4 Goods in the sense of these GTC are all products and services that can be purchased from PMI.
1.5 You can contact PMI by mail at the address PMI Production Management Institute GmbH, Fraunhoferstraße 22, 82152 Planegg, Germany, or by E-Mail: email@example.com, by phone: +49 (89) 857 61 46 or by fax: +49 (89) 859 58 38.
2. Conclusion of Contract
2.1 The presentation of Deliverables in the online shop by PMI does not constitute legally binding offers to conclude a contract, but serve as an invitation to the Customer to submit a binding offer (so-called invitatio ad offerendum/invitation to submit an offer).
2.2 The legally binding submission of the purchase offer by the customer takes place via the goods selected in the booking process by clicking on the "Buy" button. The customer is bound to this purchase offer for 14 days after placing the order. A purchase offer can also be submitted by the customer by e-mail/fax/telephone. Until acceptance, PMI is entitled to reject the customer's purchase offer.
2.3 The contract is not concluded until PMI has received the declaration of acceptance. Immediately after receipt of the order by the customer, PMI will send an order confirmation to the e-mail address left by the customer for this purpose. This order confirmation serves exclusively to document the order and to fulfil PMI's legal obligations in accordance with § 312g Para. 1 S. 1 No. 3 BGB (German Civil Code), but does not constitute an acceptance of the contract by PMI. The declaration of acceptance of the contract by PMI shall rather be made expressly in text form by a separate e-mail.
3. Detailed Description of the Ordering Process
According to § 312i Paragraph 1 Sentence 1 No. 2 BGB in connection with Art. 246c No. 1 Introduction Code of the German Civil Code (EGBGB) must be provided by PMI to the Customer with the individual technical steps leading to the conclusion of the contract.
3.1 Initiation of the ordering process:
If the customer clicks on "Registration" in the shop, they will be taken to a page where they can select the desired products and enter their personal data or those of their company. The customer can now click on "continue".
3.2 The customer is now prompted to enter the participant data. The customer then has the opportunity to take note of the GTC, the revocation instructions and the data protection provisions once again. He must then click on "continue" again.
3.3 The customer then receives an overview of the goods due to be ordered as well as the most important contract information, in particular the total price.
4. Cancellation Rules
4.1 Consumers within the meaning of § 13 BGB have a statutory right of cancellation.
****************** Cancellation policy ******************
Right to cancellation:
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise your right to cancellation, you must inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement to
PMI Production Management Institute GmbH
Phone: +49 (89) 857 61 46
Fax: +49 (89) 859 58 38
If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a cancellation. In order to comply with the cancellation period, it is sufficient that you send notification exercising your right to cancellation before the expiry of the cancellation period.
If you cancel this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your cancellation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you, in which case you will not be charged for this refund. If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us that you are exercising the right to revocation in respect to this Agreement in relation to the total Services provided in the Agreement.
*************** End of cancellation policy ****************
4.2 The right to cancellation shall not apply to distance contracts for the provision of services relating to leisure activities where the contract provides for a specific date or period for the provision of those services.
4.3 In the case of contracts for the delivery of data not on a physical data carrier, which are produced and made available in digital form (digital content), the consumer loses his right of cancellation even if he has expressly agreed that the entrepreneur begins with the execution of the contract before the expiry of the cancellation period, and he has confirmed his knowledge that he loses his right of cancellation by his consent with the execution of the contract.
5. Obligations of the customer
5.1 The customer affirms to be of legal age and to provide all information required for the execution of the contract truthfully and, if necessary, to notify immediately all changes relevant for the contractual relationship, in particular a change of domicile or name.
5.2 The order processing and establishment of contact take place as a rule by e-mail in the context of an automated order process. The customer must therefore provide a valid e-mail address for order processing where e-mails sent by PMI can be received. In particular, it is the customer's responsibility to ensure that access to e-mails sent by PMI is not impaired by the use of a SPAM filter or similar technical equipment.
5.3 The customer shall not transfer his customer account, password or other access data to third parties, in particular not share them with third parties.
5.4 All seminar material is subject to copyright and may not be reproduced in whole or in part without express written permission by PMI.
6. Prices, terms of payment and refunds
6.1 The prices quoted in PMI's online shop are total prices (final prices), i.e. they include all price components, including the applicable value added tax. It should be noted that deliveries to countries outside the European Union may incur additional costs in individual cases, in particular taxes, levies and customs duties.
6.2 PMI offers the following payment methods: purchase on account.
7. Cancellation, non-participation and rebooking
Notwithstanding Clause 4, the following terms and conditions for cancellation shall apply to both consumers and entrepreneurs. Please note that the right of cancellation for consumers always takes precedence - insofar as its requirements are met. For consumers, therefore, the following paragraphs shall only apply if the right of cancellation under paragraph 4 no longer exists.
7.1 The customer may withdraw from the contract up to four weeks before the start of the booked seminar without incurring any costs. In the event of cancellation up to two weeks before the start of the seminar booked in each case, PMI will charge an expense allowance amounting to 25% of the seminar fee; in the event of cancellation up to one week before the start of the seminar, PMI will charge an expense allowance amounting to 50% of the seminar fee. In the event of cancellation later than one week prior to the start of the seminar or mere non-appearance without notice of cancellation, no refund of the seminar fee shall be possible. The declaration of cancellation must be made in writing
7.2 In the event of cancellation, the customer has the right to return the seminar documents - insofar intact - within fourteen days at his own expense. He can also keep them for the agreed fee.
7.3 Up to two weeks before the start of the seminar, the customer may rebook once for another event date or for another event. At a later date only a cancellation can take place. Rebooking is required in text form. PMI collects expense allowances for reclassifications as follows: A rebooking up to four weeks before the start of the seminar is free of charge; a rebooking up to two weeks before the start of the seminar costs 20% of the original seminar fee. If a rebooking is not possible, PMI will contact the customer
8. Change in scope of program
8.1 The seminar program is planned in advance and subject to ongoing quality controls. For this reason PMI is entitled to implement changes and advancements in the scope of the program with respect to the content, method and organization to the extent necessary and provided the goal of the event is not fundamentally changed by doing so.
8.2 PMI has the right to replace the designated speakers with equally qualified speakers if necessary.
8.3 PMI is not obliged to conduct a seminar by a specific speaker.
9.1 PMI shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted efforts.
9.2 In other cases, PMI shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
9.3 Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
9.4 PMI accepts no liability for cases of theft, loss or damage to items brought to PMI events by the participant unless the theft, loss or damage is caused by a breach of duty based on intent or gross negligence on the part of PMI its representatives or their agents.
10. Impaired performance by PMI
10.1 In the event of force majeure, PMI is entitled to cancel or rebook events. In this case, PMI will contact the customer in a timely manner. Force majeure exists in particular if fire, strike, lockout, sudden illness or comparable circumstances prevent PMI from providing the service.
10.2 PMI is also entitled to cancel the event up to four weeks prior to the start of the event due to an insufficient number of participants. In this case, PMI will immediately contact the customer.
10.3 If a rebooking is not possible or not intended in the cases of Clauses 10.1 or 10.2, the Customer shall be reimbursed for any fees already paid. Further claims for damages do not exist without prejudice to clauses 8 and 9 of these General Terms and Conditions. Section 7.2 shall apply accordingly.
PMI has copyrighted rights to images, films and texts on this website. The use of these images, films and texts by third parties therefore requires the express consent of PMI.
12. Data protection
The protection of privacy is an important concern for PMI in the processing of personal data. The processing of data collected from the customer is carried out in accordance with the provisions of the Federal Data Protection Act (BDSG) and other statutory provisions applicable to electronic business transactions. The data provided by the customer when creating the customer account and placing orders are processed primarily for order processing, goods delivery and payment processing by PMI. Further information and details on data protection are available at https://www.pmi-m.de/en/privacy-policy/.
13. Place of jurisdiction, applicable law and contractual language
12.1 The contract in accordance with these GTC is subject exclusively to the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence abroad, mandatory provisions of this state shall remain unaffected. The contract language is German.
12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Munich (District Court Munich I).
14. Code of Conduct
PMI has not subjected itself to any codes of conduct outlined within Art. 246a § 3 No. 5 EGBGB (Introductory Act to the German Civil Code).
Version: August 2019