General Terms and Conditions (GTC) with customer information

1. Scope of application

General Terms and Conditions of Participation and Business of Strategieberatung REINVENTIS, Erik A. Leonavicius, Munich (GTC)

1.1 The General Terms and Conditions (GTC) shall conclusively govern the contractual relationship (all offers and services) between the Customer and Erik A. Leonavicius, hereinafter referred to as REINVENTIS, in the version valid at the time of the order.

1.2 The customer is: the participant in face-to-face and online formats conducted by REINVENTIS, the person who books participation in the face-to-face and online formats for third parties and the purchaser of goods.

1.3 Customers within the meaning of these Terms and Conditions are both consumers (Section 13 BGB) and entrepreneurs (Section 14 BGB) - hereinafter: "Customer".

1.4 Any conflicting terms and conditions of purchase, orders or other general terms and conditions of the Customer shall not apply even if the Customer refers to them and REINVENTIS does not expressly object to their application.

2. Range of services

2.1 REINVENTIS offers face-to-face and online formats at selected venues in Germany and abroad, about which the customer can obtain information at www.reinventis.com and in some cases also book them there.

2.2 Online formats are:

  • Online courses
  • Webinars
  • Remote co-creation
  • Remote moderation
  • Remote coaching

2.3 Presence formats are:

  • Consulting
  • Keynotes
  • Seminars
  • Workshops
  • Sprints
  • Training
  • Meetups
  • Retreats

2.4 All presence formats can also be carried out as online formats in consultation with the client.

2.5 Vouchers: These GTC apply mutatis mutandis to the purchase of vouchers, unless expressly agreed otherwise.

2.6 Service descriptions on the website www.reinventis.com do not constitute an offer to conclude a contract, but merely an invitation to submit an offer.

3. Contractor

3.1. is the contractual partner of the customer, also for orders on www.reinventis.com:

Strategy Consulting REINVENTIS
Hans-Sachs-Strasse 6a
D-80469 Munich

represented by the owner Erik A. Leonavicius

Phone: +49 (0) 89 23 88 90 52
Fax: +49 (0) 89 260 223 27

E-mail: info@reinventis.com
Homepage: www.reinventis.com

4. Subject matter of the contract

4.1 The scope of the activities to be performed by REINVENTIS (hereinafter: the subject matter of the contract) shall be described in the descriptions on www.reinventis.com, in the offer, in e-mails or in the order confirmation by REINVENTIS in text form or shall be specified in a contract in text form. All of the aforementioned documents are integral parts of the service contract concluded between the parties.

4.2 REINVENTIS does not provide health, legal or tax advice. Furthermore, REINVENTIS does not provide services in the sense of a tour operator or travel agent. For this purpose, suitable service partners will be involved upon request and in consultation with the customer.

4.3 REINVENTIS shall determine the time, place and procedure for the performance of the services.

5. Scope of services, location and reporting obligation

5.1 The scope of the contractual obligations shall be determined by the customer's order, the written order confirmation and/or other service descriptions of REINVENTIS.

5.2 The services of REINVENTIS shall be deemed to have been performed and accepted if the online or face-to-face formats are implemented and the customer does not immediately raise any objections. The implementation of the results is not relevant.

5.3 Events of force majeure that make performance substantially more difficult or temporarily impossible, or obstructions caused by a lack of cooperation on the part of the customer or the customer's vicarious agents or service providers, shall entitle REINVENTIS to postpone performance for the duration of the obstruction and a reasonable start-up period. Industrial disputes and similar circumstances shall be deemed equivalent to force majeure if they are unforeseeable and serious. The parties shall notify each other immediately of the occurrence.

6. Dates

6.1 The dates for online formats shall be scheduled between REINVENTIS and the customer, unless otherwise described on the platform: www.reinventis.com.

6.2 A schedule shall be drawn up for the handling of the attendance formats, which shall be binding for both parties.

6.3 Any deviations must be communicated in writing within a reasonable period of time.

6.4 If deadlines are postponed by the customer or by third parties, the deadlines relevant to REINVENTIS will automatically be postponed. In this case, REINVENTIS reserves the right to set up a new schedule in order to adjust the resource planning. Any additional costs caused by this will be invoiced separately to the customer.

7. Conclusion of the contract

7.1 REINVENTIS will only act on individual written or verbal orders placed by the customer. The customer is not obliged to place individual orders and REINVENTIS is not obliged to accept them. The customer will receive a confirmation by e-mail or by post.

7.2 Customers can register via the Internet using the online platform: www.reinventis.com as well as by letter, e-mail, fax or telephone and receive a confirmation by e-mail or by post. The following applies to transactions made exclusively via the online platform:

  • The time of the conclusion of the contract on the platform: www.reinventis.com depends on the payment method chosen by the customer.
  • Voucher:
    The customer can pay for his order on the platform: www.reinventis.com partly or completely with the help of a REINVENTIS voucher. To do so, the customer enters the voucher code known to him/her in the corresponding "Voucher" field in the "Checkout" area.
  • Bank transfer:
    The customer will receive an order confirmation with the bank details of REINVENTIS as well as the General Terms and Conditions, the cancellation provisions and the data protection provisions after submitting his order on the platform: www.reinventis.com.
  • PayPal/ Credit card:
    After completing his order, the customer will be redirected to the PayPal website(www.paypal.de) where he can directly transfer the outstanding amount of his order using his PayPal account or his credit card.
  • Upon receipt of his payment on the account of REINVENTIS, the contract will be concluded and the customer will receive a message with his invoice by e-mail or by post as well as information on his access data and his access link to his purchased service.
  • If necessary, the customer should check his spam folder and observe the terms and conditions of PayPal and his bank.
  • The customer shall ensure that there are sufficient funds in the account specified. The customer shall bear any costs incurred as a result of a chargeback of the payment transaction due to insufficient funds in the account or due to incorrect bank details provided by the customer.

7.3 Silence on the part of REINVENTIS in response to subsequent requests for amendments and/or additions shall constitute rejection.

8. Cooperation of the customer, necessary documents and information

8.1 The customer is obliged to support REINVENTIS to the best of its ability in the spirit of cooperation based on trust.

8.2 In the case of presence formats and at the request of REINVENTIS, the customer shall create in its sphere of operation all conditions necessary for the proper execution of the order; in particular, the customer shall make available in a timely manner and free of charge all documents, information, data, materials, technology, images and premises that are necessary and significant for the execution of the order.

8.3 The customer shall inform REINVENTIS without delay of any circumstances that arise during the course of the face-to-face or online format execution and that may significantly affect the processing.

8.4 Upon REINVENTIS' request, the customer shall confirm in writing the correctness and completeness of the documents submitted by the customer as well as the information provided by the customer and any oral statements made by the customer.

8.5 The Customer shall not involve or engage other service providers in connection with this Order without the consent of REINVENTIS.

8.6 If the third parties/service providers commissioned by the customer cause delays or additional expenses for REINVENTIS in the execution of the order, this shall be borne by the customer.

8.7 Any additional costs incurred as a result will be invoiced separately.

9. Subcontractors/ third parties/ representation

9.1 Unless otherwise agreed, REINVENTIS may use qualified third parties (e.g. subcontractors) to perform its obligations.

9.2 REINVENTIS may appoint a substitute at any time (e.g. in case of absence due to illness, force majeure).

9.3 REINVENTIS will inform the Customer in good time by e-mail.

10. Competition

10.1 REINVENTIS may also act for other clients in the same consulting focus, in the same industries and for the same services.

10.2 The Customer undertakes not to hire or engage any employees or former employees of REINVENTIS in connection with the performance of the Order before the expiry of 24 months after the termination of the cooperation.

11. Remuneration

11.1 The amount of the remuneration and the reimbursement of expenses shall be agreed in the order confirmation/contract. The amounts stated are always exclusive of statutory value added tax.

The amounts stated are always exclusive of statutory value added tax.

11.2 A flat-rate office fee of 5% of the net order amount shall be charged in addition.

11.3 Any third-party costs, expenses and out-of-pocket expenses shall be reimbursed to REINVENTIS separately by the Customer upon presentation of the relevant receipts.

11.4 REINVENTIS may request reasonable advances on the remuneration and expenses.

11.5 REINVENTIS may also issue partial invoices at any time in accordance with the services already rendered.

11.6 If the customer changes or cancels orders, work, plans and the like, or changes the conditions for the provision of services, the customer will reimburse REINVENTIS for all additional costs incurred as a result thereof and indemnify REINVENTIS against all liabilities towards third parties.

11.7 The right to claim further damages remains unaffected.

12. Travel and incidental expenses

12.1 Travel expenses are all additional expenses directly caused by a business trip.

12.2 This includes travel expenses, accommodation costs, additional subsistence expenses and proven or credibly claimed incidental expenses.

12.3 Travel expenses shall be charged additionally as follows, if applicable according to receipt:

  • Travel time: up to 1 hour and within Munich: no charge, from 1 hour and outside Munich: each additional hour or part thereof is charged at 50 % of the agreed hourly fee plus statutory VAT.
  • Flight: in Germany: Premium Economy (flexible rebooking possible), abroad: Business Class (flexible rebooking possible).
  • Rail: 1st class with Bahncard (flexible train use)
  • Taxi
  • Rental car: at least middle class, all insurances, fully comprehensive insurance without excess, fuel and parking fees as per receipt.
  • Travel with own car at EUR 0.60 per kilometre, fuel and parking fees as per receipt.
  • Overnight stays in an upscale mid-range hotel (min. 4 stars) including breakfast. In the case of face-to-face formats, arrival takes place the day before - so an overnight stay is necessary, which is paid for by the customer.
  • Additional expenses for meals in Germany and abroad, if no meals are provided by the customer, shall be reimbursed to REINVENTIS by the customer in accordance with the currently applicable flat rates for tax purposes.

12.4 Procurement of data material, literature, studies, etc. shall be invoiced to the customer after agreement and receipt.

13. Terms of payment

13.1 Unless otherwise stipulated in the offer/order confirmation, payments shall be due within 10 working days after invoicing and without any deductions.

13.2 The parties agree that the statement of account shall in any case be deemed to have been received on the third working day after dispatch.

13.3 The customer shall be deemed to be in default upon a reminder from REINVENTIS or, if the time of payment is determined by calendar, upon non-payment at the agreed time.

13.4 REINVENTIS shall be entitled to interest on arrears at the statutory rate from the date of default.

13.5 Insofar as the shipment of goods is concerned, such goods shall remain the property of REINVENTIS until payment has been made in full.

14 Right of withdrawal

Right of withdrawal for consumers - Cancellation policy:

If the customer is a consumer (any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or self-employed professional activity), he or she may revoke his or her contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins with the conclusion of the contract.

The timely dispatch of the revocation shall be sufficient to comply with the revocation period.

Cancellation policy for digital content:

Information on the right of withdrawal for consumers on the delivery of digital content that is not delivered on a physical data carrier (e.g. online courses, e-book, software download).

Exclusion or premature expiry of the right of withdrawal:

The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.

The right of cancellation will expire prematurely if REINVENTIS has only commenced the performance of the contract after the customer has given its express consent thereto and at the same time confirmed its knowledge that it will lose its right of cancellation upon commencement of the performance of the contract on the part of REINVENTIS.

REINVENTIS points out that REINVENTIS may make the conclusion of the contract dependent on the aforementioned consent and confirmation.

The revocation is to be addressed to:

Strategy Consulting REINVENTIS
Mr. Erik A. Leonavicius
Hans-Sachs-Straße 6a
80469 Munich
Germany

E-mail: info@reinventis.com
Fax number: +49 (0) 89 26 02 23 27
Homepage: www.reinventis.com

 

Sample cancellation form:

I/we (*) herewith revoke the contract concluded by me/us (*)

concluded contract for the purchase of the following goods (*) / purchase of the following services (*).

Ordered on (*) / received on (*).

Name of the consumer(s).

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

Date.

______________________________________________
(*) Please delete where inapplicable.

 

Consequences of withdrawal:

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer cannot return the received performance in whole or in part or can only return it in a deteriorated condition, the customer may have to compensate the provider for the loss of value. This may mean that the customer must nevertheless fulfil the contractual payment obligations for the period until revocation.

Compensation must only be paid for the deterioration of the item and any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality.

Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop, for example.

No compensation is due for deterioration caused by the intended use of the item.

Items that can be sent by parcel post are to be returned at the risk of the provider. The customer shall bear the regular costs of the return shipment if the delivered item corresponds to the ordered item and if the price of the item to be returned does not exceed an amount of € 40 or if, in the case of a higher price of the item, the consideration or a contractually agreed partial payment has not yet been made at the time of the revocation. Otherwise, the return shipment is free of charge for the customer.

Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of his notice of withdrawal, for the provider with its receipt.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

Special notes:

In the case of the provision of services, the right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the express request of the customer before the customer has exercised his right of withdrawal.

If the customer is an entrepreneur within the meaning of §14 of the German Civil Code (BGB) and is acting in the exercise of his commercial or self-employed activity when concluding the contract, the right of withdrawal does not apply.

End of the cancellation policy

15. Changes in face-to-face and online formats

15.1 REINVENTIS reserves the right to make reasonable changes to the time, content and location of the face-to-face and online formats in order to adapt them to the needs of the customers.

15.2 REINVENTIS further reserves the right to replace instructors or trainers as well as to exchange and change teaching materials/media.

15.3 Changes and additions to the order by the customer must be made in text form.

15.4 As long as the changes are not set down in text form, REINVENTIS shall carry out the work without taking into account the Customer's requests for changes.

15.5 Subsequent changes of a content-related or structural nature (author's corrections) will be charged separately and may affect the deadline agreement.

15.6 Additional work necessary to meet the agreed deadline will be charged to the customer separately.

15.7 REINVENTIS shall be obliged to comply with the Customer's requests for changes to the extent that this is reasonable within the scope of its operational capacities, in particular with regard to time and effort.

15.8 Additional costs incurred as a result shall be remunerated in accordance with point 11 Remuneration.

16. Cancellation of online formats

16.1 In the event of cancellation of the registration for online formats by the customer, the following conditions apply:

  • Up to 10 days before online appointment: free of charge
  • After that a cancellation or rebooking is no longer possible

16.2 Rebooking or cancellation must be made in text form.

16.3 REINVENTIS reserves the right to cancel the online format no later than 10 days before the scheduled date due to failure to reach a minimum number of participants or for important reasons beyond REINVENTIS' control (e.g. sudden illness of the speaker/presenter if he/she cannot be replaced, force majeure).

16.4 If REINVENTIS is unable to carry out the online or face-to-face format for reasons for which it is not responsible, the customer shall be released from the payment of remuneration and any remuneration paid in advance shall be refunded.

16.5 Any further claims for liability and damages are excluded, except in cases of intent or gross negligence on the part of REINVENTIS.

17. Termination of presence formats

17.1 Notice periods are specified in the contract or the written order confirmation.

17.2 Unless otherwise agreed, the contract may be terminated by either party in writing with 4 weeks' notice to the end of the month without giving reasons.

17.3 The right to terminate without notice for good cause remains unaffected.

17.4 Notice of termination must be given in writing.

18. Business and trade secrets, publications

18.1 REINVENTIS and the Customer mutually undertake to treat all information obtained under this Contract, in particular company data, balance sheets, plans, documents and the like, as strictly confidential for an unlimited period of time and to oblige both the respective employees and third parties involved to maintain absolute confidentiality in the same manner.

18.2 If REINVENTIS uses third parties for the performance of the contract, REINVENTIS shall impose the same confidentiality obligation on such third parties.

18.3 REINVENTIS may use the Customer's name and logo as a reference for its own marketing and may also use the Customer's brand and company name for this purpose only.

18.4 REINVENTIS may, however, use the facts and information for oral or written publications without the Customer's prior consent if it does not name the Customer and no inference can be drawn from the facts and information as to the identity of the Customer.

18.5 Excluded from this are the contents of the cooperation and the work results produced in the process.

19. Liability

19.1 REINVENTIS shall be liable to the Customer, irrespective of the legal grounds, only for its own fault or the fault of its vicarious agents, provided that the fault was caused intentionally or by gross negligence.

19.2 REINVENTIS shall not be liable in any other respect.

19.3 In any case, however, REINVENTIS shall only be liable for reasonably foreseeable damage typical of the contract.

19.4 If a claim is made against REINVENTIS by a third party for reasons for which the customer is responsible, the customer shall expressly indemnify and hold REINVENTIS harmless.

19.5 This applies in particular with regard to violations of competition and copyright law for which the customer is responsible.

19.6 Liability for slight or simple negligence shall only exist in the event of a breach of material contractual obligations.

19.7 In this case, liability shall be limited to the damages typical for comparable transactions of this kind which were foreseeable at the time the contract was concluded or at the latest when the breach of duty was committed.

19.8 Liability for damage not typical for the contract is excluded.

19.9 The customer's contractual claims for damages against REINVENTIS shall become time-barred 1 year after the claim arises.

19.10. REINVENTIS shall not be subject to any instructions from the Customer in the performance of this Contract or in the execution of the activities it has assumed with regard to the time allocation and the design of the course of activities, unless this is stipulated by the nature of the Contract.

19.12. To the extent that the liability of REINVENTIS is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

19.13. During the holding of the individual face-to-face and online formats, all suggestions, consultations, information and advice will be given by REINVENTIS to the best of its knowledge and belief.

19.14. It should be noted that the REINVENTIS face-to-face and online formats are knowledge transfer. No guarantee of success is given.

19.15. The customer is responsible for checking whether these representations fit his personal needs.

19.16. REINVENTIS is not liable for the selection of the presence and online formats offered.

19.17. Every customer and participant of the online and presence formats bears full responsibility for himself and his own actions inside and outside the formats and is responsible for any damage caused by his behaviour.

20. Claims for defects in work performance

20.1 If the agreed subject matter of the contract is the production of a work, the limitation period for claims for defects shall be one year from acceptance.

20.2 In the event of fraudulently concealed defects or the assumption of a guarantee, the statutory periods shall apply instead.

20.3 The right of self-performance (§§ 634 no. 2, 637 BGB) is excluded.

20.4 If REINVENTIS fails to remedy the defect, the customer may reduce the purchase price or withdraw from the contract.

21. Retention of title, copyrights, rights of use, rights to work results and labelling

21.1 The documents of the face-to-face and online formats are protected by copyright.

21.2 Any reproduction, disclosure or other processing, including electronic processing/use/publication, of the documents provided by REINVENTIS is only permitted with the express written consent of REINVENTIS.

21.3 If REINVENTIS creates copyrightable works for the customer (e.g. analyses, reports, studies, training documents, presentations, programming), the customer shall always be granted only a simple right of use for its own purposes without the rights to reproduce, distribute, process or make available, subject to the condition precedent of the complete fulfillment of all payment obligations by the customer, unless otherwise stipulated in the contract or if the purpose of the contract clearly indicates otherwise.

21.4 Rights of use to Work that has not yet been paid for at the end of the Contract or, in the case of settlement on a commission basis, has not yet been published, shall remain with REINVENTIS subject to any other agreements made.

21.5 This shall also apply if the service provided should not be the subject of special statutory rights, in particular copyright.

21.6 REINVENTIS uses images, diagrams or charts only for better understanding - the sources used are named as far as known and the copyrights remain with the respective authors.

21.7 REINVENTIS shall be entitled to make reference to REINVENTIS and the author on all advertising material and in all advertising measures developed by REINVENTIS, without this entitling the Customer to any payment.

21.8 In the event of a breach of the provisions of clause 21.2, REINVENTIS shall be entitled to compensation in an appropriate amount.

21.9 The above agreements shall remain valid even after termination of the contractual relationship.

22 Data Protection & Data Storage

22.1 REINVENTIS or the contracted service providers will record the online format only upon explicit request by all participants.

22.2 After termination of the online format, communication content stored on the participating systems shall only be retained if the participants wish to do so for later use.

22.3 The Customer agrees that the contents of the Contract and the services provided under this Contract may be stored and processed electronically by REINVENTIS in compliance with the data protection provisions.

22.4 REINVENTIS takes data protection very seriously. All information on data protection and its implementation can be found on the current data protection declaration at: www.reinventis.com/datenschutz .

22.5 Both contracting parties undertake not to forward any electronically stored or other data to third parties.

23. Right of retention and storage of documents

23.1 REINVENTIS shall have a right of retention to the documents provided to it until its claims have been settled in full.

23.2 After settlement of its claims under the contract, REINVENTIS shall return all documents which the customer or a third party has handed over to it on the occasion of the execution of the order.

23.3 This shall not apply to correspondence between the parties as well as simple copies of reports, organisation charts, drawings, lists, calculations, etc. made within the scope of the order, provided that the customer has received the originals.

23.4 REINVENTIS' obligation to retain the Documents shall expire six months after delivery of the written request for collection, otherwise three years, and in the case of Documents retained pursuant to clause 23.1 six years after termination of the contractual relationship.

24. Final provisions

24.1 The customer is not entitled to assign its claims under the contract.

24.2 A set-off or the assertion of a right of retention by the customer is only permissible with or in the case of recognised or legally established counterclaims.

24.3 Subsidiary agreements, amendments and supplements to these terms and conditions or the contract must be in writing and must be expressly marked as such. This formal requirement may not be waived or set aside either orally or by implication.

24.4 Should one of the provisions of the contract be or become ineffective for legal reasons or in fact, what is legally or factually effective and permissibly comes closest to the intended provision shall apply instead. The same shall apply in the event of loopholes in the contract.

24.5 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German. The place of performance and jurisdiction for both contracting parties shall be Munich, Germany, to the extent permissible.

25. Status of the general terms and conditions

25.1 These GTCs shall apply from 01.01.2021 and shall form the basis of every contract and activity between REINVENTIS and its customers.