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General terms and conditions

 

Provider

DICTUM GmbH 
Donaustrasse 51
94526 Metten
Germany

Phone: +49 (991) 9109-100
Availability: Monday - Friday, 08.00 am - 08.00 pm
Fax: +49 (991) 9109-101 
URL: www.dictum.com
E-Mail: info@dictum.com

Commercial register: Amtsgericht Deggendorf HRB-Nr.: 1417 
Legal representative: Petra Steinberger
Tax-ID: 108 / 124 / 40026 
VAT-ID: DE 127702754

 

General

General Terms and Conditions in the version dated 1st of March 2017

 

1) Scope of Application
1.1 These Terms and Conditions of the company DICTUM GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop or one of the mail-order catalogues of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated in written form.
1.2 These Terms and Conditions shall also apply to the purchase of vouchers.

 

2) Offers/Conclusion of the Contract
2.1 The Seller's offers are always subject to change and non-binding. To conclude the contract, the Seller shall make German and English versions of the contract available to the Client.
2.2 Submitting the order to the Seller is considered a binding offer of the Client to conclude the contract. The Client shall be bound to this order for a period of 2 weeks.
2.3 For orders placed on the internet or by use of a purchase order form in the catalogue, the contract shall become effective within the period mentioned above, as soon as the Client receives the Seller's order confirmation (acceptance of order) or as soon as the goods ordered are delivered to the Client.
2.4 In the event that the Seller cannot accept the Client's offer, the Seller will also notify the Client within the period mentioned above..

Further information on the ordering process

 

3) The Client's Duties to Inform
When registering, the Client shall be obliged to provide true information. Should the data change during the term/processing of the contract, the Client shall be obliged to promptly notify the Seller of these changes. If the Client fails to do so, or if the Client provides incorrect information in advance, the Seller shall be entitled to cancel the concluded contract at no costs to the Seller. Any costs arising through the goods being sent to the wrong address due to incomplete or incorrect address details will be charged to the Client's account. As a contractual partner, the Client must ensure that the e-mail account provided can be reached and that the receipt of emails is not excluded due to forwarding, shut down or congestion of the account.

 

4) The Client's Right of Revocation
Consumers shall be entitled to the right of revocation according to the following provisions, whereby consumer shall be any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed activity.

Revocation Policy for the Delivery of Goods
Right of Revocation
The Client shall be entitled to revoke the concluded contract within a period of one month without stating reasons. The revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the goods. If the Client has ordered several goods within one common order, and the goods are delivered separately, the revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the last delivered item. If the Client has ordered an item which is delivered in several partial shipments or pieces, the revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the last partial shipment or the last delivered piece. If the Client has ordered goods which shall be delivered regularly over a specified period, the revocation period of one month commences upon the day when either the Client or a third party, who has been personally named by the Client and who is not the carrier, has taken ownership of the first delivered item.
The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be directed at:

DICTUM GmbH, Donaustr. 51, 94526 Metten, Germany
(Phone: +49-(0)991-9109-902, fax: +49-(0)991-9109-802, email: info@dictum.com)

Consequences of Revocation
If the Client revokes the contract, he shall be reimbursed all payments including the shipping costs (with the exception of the supplementary costs resulting from any mode of shipment other than the offered, least expensive mode of standard shipment chosen by the Client) without undue delay and in any event not later than a fortnight after receipt of the revocation notice. The reimbursement shall be effected using the same payment method as was used for the initial transaction, unless other terms have explicitly been stipulated; the Client will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until he has received the goods back or until the Client has supplied evidence of having sent back the goods, whichever is the earliest.
The Client shall send back the goods or hand them over without undue delay and in any event not later than a fortnight from the day when the Client has communicated the revocation of the concluded contract. The deadline is met if the Client sends back the goods before the period of 14 days has expired. The Client has to bear the direct cost of returning the goods. Notwithstand-ing the foregoing provision, the Seller shall bear the costs of returning goods which are consign-able by parcel post, if the Client uses the prepaid return shipping label enclosed to return the goods. If the goods cannot be shipped as a parcel, the returning costs shall be estimated corresponding to and not exceeding the initial shipping costs. If the goods cannot be shipped as a parcel, the Seller shall furthermore organize the collection of the goods from the Client's premises if requested by the Client. If the Client exercises this option, the returning costs borne by the Client shall correspond to the initially quoted shipping costs.
The Client is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Revocation Policy


Exclusion of the Right to Withdrawal
The right of withdrawal does not apply for distance contracts for the delivery of goods that are manufactured according to the Client's specifications or that are clearly adapted to personal requirements, or due to their nature are not suitable for return shipment, or may deteriorate rapidly, or if after shipping their sell-by-date would be exceeded.
The right of withdrawal does not apply for distance contracts for the delivery of audio or video recordings or of software if the delivered data medium has been unsealed by the Client.
The right of withdrawal does not apply for distance contracts for the delivery of newspapers, magazines and illustrations, unless the Client has given the contractual statement by telephone.

 

5) Terms of Delivery and Shipping/Place of Performance/Transfer of Risk
5.1 For the shipping of the goods ordered, the following provisions concerning shipping costs described in 5.2 and 5.3 shall apply. Shipping is covered by insurance at all times. It is up to the Seller to choose the route and method of shipping. End consumers: For legal transactions between the Seller and end consumers, the performance risk in case of shipping shall be transferred to the Client upon handing over of the goods, or if the Client is in default of acceptance. Companies/Commercial Clients: For legal transactions between the Seller and companies/commercial clients, the shipping of the goods ordered shall be at the Client's own risk. As soon as the Seller has delivered the goods to the supplier/forwarding agent in good time, the Seller has fulfilled the obligation to perform the contract. For any delays occurring in the delivery process, only the supplier or the Client shall be responsible.
5.2 The shipping costs arising for orders are not included in the selling price of the goods. They are disclosed in detail in the online shop on www.dictum.com/en/info/shipping-costs and also during the ordering process through the Seller's online shop as well as in the Seller's catalogue. Unless otherwise agreed, shipping costs must be borne by the Client. For international orders, the Seller reserves the right to choose express deliveries as method of shipping, if in this case the shipping costs are lower than by using standard shipping.
5.3 If any items of the order are not available on short notice, the Seller reserves the right to send partial deliveries within the EU. Subsequent deliveries shall be free of shipping costs. For subsequent deliveries intended to non EU countries, shipping costs need to be charged.

 

6) Payment Methods, Terms of Payment
Payment in advance: We grant 2 % discount if payment is made in advance by means of bank transfer.
Credit card: We accept Mastercard, Visa and AMEX.
PayPal: Online payment service.
SOFORT Banking: Online payment service.
Invoice: 15 days net, without deductions.
Cash on delivery (only possible for deliveries within Germany): The cash on delivery charge of 5.50 Euros gross shall be paid by the Client and will be taken into account in the shipping costs. The invoice amount and the postal charges of 2 Euros must be paid to the delivery service.

The Seller reserves the right to restrict the payment method to advance payment and cash on delivery.

For commercial non-EU customers: Please state the EU VAT registration number when placing an order. If there is no such registration number or if not submitted, we shall be obliged to invoice the German VAT according to European law. This provision shall only apply to EU customers!


Further information on payment methods.

 

7) Prices
7.1 The Seller accepts no liability for errors in terms of price details.
7.2 Book prices are subject to the national book price fixing. In the case of a price increase on the part of the publisher, the Seller shall be obliged to charge the new price.

 

8) Reservation of Property
All goods delivered shall remain the Seller's property until they have been paid in full, regardless of the expiry of the return period.

 

9) Removal of Defects/Warranty, Guarantee
8.1 The Seller grants a three-year warranty on the products delivered. The warranty claim shall be excluded, if the goods have not been used or maintained properly according to the manufacturer's recommendations. The warranty shall be granted after the Seller has chosen the appropriate remedy, either by repairing the defect product or by delivering a replacement product. The warranty period shall begin upon delivery of the goods.
8.2 In addition to the provision stipulated under article 8.1, it shall still be possible to raise legal warranty claims.

 

10) Online Dispute Resolution
Since 15 February 2016, the EU Commission has been providing a platform for extrajudicial mediation. This enables consumers to initially resolve disputes relating to their online order without judicial intervention. The Online Dispute Resolution platform can be found on the external link to the OS platform in accordance with Article 14 Paragraph 1 of EU regulation No. 524/2013: http://ec.europa.eu/consumers/odr/. In this context, we are legally obliged to indicate our e-mail address, which is: info@dictum.com. We try our best to amicably settle possible contractual disagreements with the customer. Furthermore, we are not obliged to take part in an arbitration process and unfortunately cannot offer our customers participation in such a process.

Further information on Online Dispute Resolution.

 

11) Data Protection
The Seller will use the Client's contractual data only for the purpose of processing the Client's order. The Seller will store and process all client data pursuant to the appropriate regulations of the Bundesdatenschutzgesetze (BDSG) (Federal Data Protection Act) and the Telemediengesetz (TMG) (German Act for Telemedia Services). The Client is at all times entitled to obtain information, to adjust, suspend and delete the stored data free of charge and to the extent stipulated by legislation. Personal data, including home address and e-mail address, will not be passed on by the Seller to third parties without the Client's explicit and at any time revocable consent, unless it is necessary for the processing of the Client's order. In these cases, however, the information transmitted is restricted to the required minimum. In all other regards, the regulations of the privacy policy shall apply.

 

12) Applicable Law
These General Terms and Conditions and the contracts concluded between the Seller and the Client on the basis thereof are subject to the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.

 

13) Court of Jurisdiction
If the Client is a legal entity under public law or a separate estate under public law, the exclusive court of jurisdiction for all disputes arising from the contract shall be the court responsible for the Seller's place of business. The same applies, if the Client does not have the general court of jurisdiction in Germany or if the residence or usual place of residence is not known at the time of the action being filed

 

14) Severability Clause
Should individual terms of these General Terms and Conditions be or become ineffective, in whole or in part, the validity of the remaining provisions shall not be affected.

 

Workshops

the version dated 26.10.2017

 

1) Registration
It is possible to register via telephone, fax, postal mail, e-mail, or online on our Website. You will receive a written confirmation after registration. If you are making the registration on behalf of a third party, please remember to specify the other person's name and address.

 

2) Course fees/Costs for material
The prices indicated include the local VAT of 19%.

 

3) Payment
You will be sent an invoice for the course fees four weeks prior to course start date. The payment will be due within 15 days from invoice date. If you agreed to pay by direct debit or credit card, we will automatically debit your account according to the invoice details. Payments must be made by due dates or your reservation will be subject to cancellation.

 

4) Cancellation from your side
  • until 31 days prior to course start date: Cancellation fee retained: 5% of course fees.
  • within 30 days prior to course start date: Cancellation fee retained: 100% of course fees.
  • Absence from course: Cancellation fee retained: 100% of course fees.

 

5) Cancellation/Change of course from our side
We reserve the right to cancel courses, for organizational reasons, 10 days prior to course start date. Such reasons include an insufficient number of registrations for the course type or the instructor's short notice unavailability. We will immediately inform you via postal mail, e-mail, or telephone. Any course fees already paid will be refunded. No further claims can be made. Course locations and instructors are subject to possible changes with prior notice.

 

6) Liability
All participants are covered by our liability insurance in the event of accidents during the working times in the courses. Participants must comply with the instructions given by the course instructors and personnel. It is in particular prohibited to work at or with machines without prior consent and briefing by the instructor. In the event of non-compliance, gross negligence, and alcohol or drug consumption, participants may be excluded from the course. In such a case all liability claims expire.
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