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Terms & conditions

§ 1 Scope of application / Definitions

(1) The business relationship between the provider Trade Uni GmbH, Hengersbergerstr. 2, 94557 Niederalteich (hereinafter: “Trade Uni”), the booking party and/or buyer (hereinafter: “Customer”) and the participants in the events (hereinafter: “Participants”), (hereinafter together: “Parties”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of conclusion of the contract.

(2) Deviating general terms and conditions of the Customer / Participant shall not be recognised unless Trade Uni expressly agrees to their validity in writing.

(3) Trade Uni concludes the contract with consumers and entrepreneurs. The Customer is a consumer within the meaning of § 13 BGB (German Civil Code), insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract in accordance with Section 14 BGB.

(4) No gender-specific differentiation is made in these GTC. This serves to improve readability. Corresponding terms apply to all genders in the interests of equal treatment.

 

§ 2 Conclusion of contract

(1) Seminars, webinars and courses (hereinafter collectively referred to as “Events”) can be booked via the Trade Uni website. Events can take place online or in person.

(2) Events can be selected on the website. After clicking on “Order now”, the customer is redirected to the external payment provider elopage. There, the customer must enter their details, decide on a payment method and finalise the order by clicking on “Buy now”.

(3) By clicking on “Order now”, the customer agrees to Trade Uni’s general terms and conditions, cancellation policy and privacy policy. The contract is concluded when the customer has received an order confirmation by email.

(4) The contract is concluded in German. The text of the contract is stored in compliance with data protection regulations.

 

§ 3 Requirements for participation

(1) The instructions of Trade Uni and its employees must always be followed.(2) Participation in events on site under the influence of alcohol or drugs is prohibited.

(3) In the event of illness or health/psychological problems that may be relevant for participation, please contact Trade Uni. Each participant is responsible for deciding whether he/she fulfils the requirements for participation.

(4) Participants must bring their own catering, unless otherwise stated in the service description.

(5) Trade Uni may set a minimum and maximum number of participants prior to the event. Events may be postponed if the minimum number of participants is not reached.

(6) Underage participants require the consent of a parent or legal guardian.

 

§ 3a Obligations of customers/participants

(1) The rights and obligations of the customer arising from this agreement are not transferable. Access data may not be passed on to third parties.

(2) Trade Uni must be informed immediately of any changes to the Customer’s name or address. Any additional costs arising from culpable failure to do so shall be borne by the Customer.

(3) The participant must always behave appropriately towards Trade Uni employees and other participants during the event. Insults and the publication or propagation of legally prohibited content is prohibited.

(4) Participants are prohibited from taking pictures or video recordings during the events.

(5) Trade Uni does not provide tax advice or legal or psychological counselling. This is the responsibility of the participant.

 

§ 3b Prop Accounts

Prop Accounts are processed via external providers. Trade Uni assumes no legal responsibility for this and cannot influence changes to the external provider’s offer. Payouts are made by the external provider. Prop accounts included in programs such as Module 2 or Module 5 are subject to availability. In case of a payment plan access to the prop account will be granted after full payment of the program.

Trade Uni has the right to close any prop account at its discretion.

§ 4 Money-back promise after first event

(1) After participating in the first event, the customer has the right to cancel the booking if they are dissatisfied and will be refunded 50% of the amount paid. Participation in further events is then no longer possible.

(2) The right under paragraph 1 can only be exercised once per customer/participant.

(3) Complaints should be sent by e-mail to: info@trade-uni.com

 

§ 5 Prices, terms of payment

(1) All prices on the website and in offers from Trade Uni are inclusive of VAT.

(2) The fee/purchase price is due for payment immediately upon conclusion of the contract.

(3) Payment can be made as a single payment in advance or in instalments.

(4) If the Customer defaults on payment by instalments, he shall pay Trade Uni interest on arrears for the year at a rate of 5 percentage points above the base rate. If the Customer is an entrepreneur, the default interest shall amount to 9 percentage points above the base rate. In the event of late payment, Trade Uni may also refuse participation in further events until payment has been received.

(5) Travelling and accommodation costs are not included in the price, unless expressly stated. Trade Uni does not provide any travel services.

 

§ 6 Exclusion from the event

The staff of Trade Uni is authorised to exclude participants from the event or to order an interruption if a participant significantly violates these GTC. In this case, the customer/participant is not entitled to a refund.

§ 7 Cancellation / interruption / changes to the events

(1) Trade Uni employees reserve the right to cancel the event at any time for safety reasons and to resume it at a later date. If the continuation is no longer possible, the customer remains obliged to pay. However, an alternative date will be offered.

(2) In the event of cancellation at the customer’s own request, there shall be no refund of the service and there shall be no entitlement to an alternative date. If an event that has already begun has to be cancelled due to unforeseeable events – in particular force majeure – the customer shall not be entitled to any claims for compensation due to the cancellation.

(3) On-site events can be moved to online events if this is necessary due to force majeure (e.g. pandemic protection measures).

§ 8 Online courses

(1) For online courses, the participant is responsible for providing the appropriate software and internet connection. Connection interruptions for which Trade Uni is not responsible will not be compensated.

(2) The online course will only take place at the agreed time, unless otherwise stated. Late or non-attendance will not be refunded. Previously announced changes to the times are possible. The participant will be informed of these in good time.

(3) The participant is prohibited from recording and publicly reproducing the video material.

§ 9 No investment advice

Trade Uni does not provide investment advice, but only gives general tips that do not constitute an invitation to make a specific investment. The individual needs of a participant are not examined. Enquiries for individual investment tips are not answered, and silence in response to an enquiry does not constitute a recommendation to act.

Trade Uni obtains its information from trustworthy sources and from its own experience. Nevertheless, no guarantee can be given regarding the quality and truthfulness of this information. Participants act entirely at their own risk if they decide to make investment decisions or carry out transactions on the basis of the published content.

Trade Uni draws attention to the high risks involved in transactions with financial instruments such as shares. Considerable opportunities are offset by corresponding risks, including the risk of a rapid total loss. The participant must obtain proper information about the risks (from banks if necessary).

 

§ 10 Liability of Trade Uni

(1) Claims for damages by customers and participants are excluded. Excluded from this are claims for damages by customers and participants arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Trade Uni, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. Liability for loss of profit, loss of business, business interruption or loss of business opportunities is excluded.

(2) In the event of a breach of essential contractual obligations, Trade Uni shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages by the customer or participant arising from injury to life, limb or health.

(3) Participants take part in events at their own risk and peril. Trade Uni accepts no liability for lost or damaged valuables, in particular not for bags, rucksacks and jackets, smartphones and wallets, and no liability for the behaviour of other participants.

(4) Die Einschränkungen der Abs. 1 bis 4 gelten auch zugunsten der gesetzlichen Vertreter und Erfüllungsgehilfen von Trade Uni, wenn Ansprüche direkt gegen diese geltend gemacht werden.

(4) The restrictions of paragraphs 1 to 4 shall also apply in favour of the legal representatives and vicarious agents of Trade Uni if claims are asserted directly against them.

§ 11 Liability of the participants

(1) If the participant damages Trade Uni equipment or if it is lost due to the participant’s fault, the participant shall be liable for the repair or replacement costs. The nature and type of liability shall be governed by the statutory provisions.

(2) During the events, consideration must be given to other participants.

§ 12 Photography and filming

(1) Trade Uni reserves the right to take photographs, film and video recordings during the events and to use these for advertising and information purposes. The customer declares his consent by recognising the GTC and also informs the participants of this if he has concluded the contract for them. Consent can be revoked at any time with effect for the future. Reference is made to § 14.

(2) The customer/participant grants Trade Uni the right to use the recordings free of charge and without restriction in terms of time and content.

§ 13 Copyrights of Trade Uni

(1) The copyrights to all retrievable content and materials made available shall remain with Trade Uni. The customer/participant is granted a simple right of use during the term of the contract, which is limited to the fulfilment of the contract with regard to the purpose. Furthermore, the customer/participant may not reproduce the content (not even in part), present it publicly or make it available to third parties in any other way. Furthermore, the customer is not permitted to use the content for his own further education with the intention of competing with Trade Uni.

(2) The granting of rights of use by Trade Uni is subject to the condition precedent of full payment.

(3) Trade Uni is entitled to clearly label its content by affixing copyright notices, also in the form of digital signatures.

§ 14 Data protection

(1) The customer/participant agrees to the storage of personal data within the scope of the Trade Uni business relationship, in compliance with data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the contract or consent has been given.

(2) Insofar as the customer transmits the data of third parties, the customer assures that he has obtained consent from the third party and indemnifies Trade Uni from any claims in this regard.

(3) The rights of the customer/participant or the person affected by the data processing arise in particular from the following standards of the GDPR:

  • Article 7 (3) – Right to withdraw consent under data protection law
  • Article 15 – Right of access by the data subject, right to confirmation and provision of a copy of personal data
  • Article 16 – Right to rectification
  • Article 17 – Right to erasure (“right to be forgotten”)
  • Article 18 – Right to restriction of processing
  • Article 20 – Right to data portability
  • Article 21 – Right to object
  • Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
  • 77 – Right to lodge a complaint with a supervisory authority

(4) To exercise the rights, the customer/participant or the person concerned is requested to contact Trade Uni by e-mail or, in the event of a complaint, the competent supervisory authority.

§ 15 Dispute resolution

(1) The EU platform for out-of-court online dispute resolution is available at the following internet address:

https://ec.europa.eu/consumers/odr/

(2) Trade Uni is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 16 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between Trade Uni and the customer/participant to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer/participant as a consumer has his habitual residence, remain unaffected.

(2) If the Customer/Participant is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between Trade Uni and the Customer/Participant shall be the registered office of Trade Uni in Hengersberg (Bavaria)

(3) The contract shall remain binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.

As of: 11 November 2021

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