Validity of the GTC
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between André Daus Consulting, c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, Germany (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products.
Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
“Entrepreneur” within the meaning of the GTC is a 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.
“Product” within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.
The offer of the Vendor is directed exclusively to Customers who are entrepreneurs (also referred to as “Business Customers” or “B2B”). By placing an order or registering as a Customer, Customers declare that they are an entrepreneur and not a consumer.
Contact and service details
Please note the following information about the availability of our customer service.
E-mail address: service@andredaus.com
Contact form: https://andredaus.com/contact
Customer service availability: Weekdays from 09:00 to 17:00
Ordering Process and Conclusion of Contract
The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
By clicking the button that concludes the order process, the Customer submits a binding offer to purchase the products contained in the shopping cart or in a corresponding selection overview to the Vendor.
Contract Text and Contract Language
The Vendor may provide the contractual documents to Customers who are Entrepreneurs both in text form and by other means (e.g. by reference to an online source).
If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
The contract languages are German and English, contracts can be concluded in these languages.
Delivery and Availability of Goods
Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
Digital Contents
“Digital Contents” is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
The provisions of these GTC apply accordingly to the sale of Digital Content.
Digital Contents are provided to the Customer in the form of a download possibility.
Digital Contents are provided immediately after purchase, at the latest within 24 hours.
For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser’s access to the Internet).
Sale of Licence Keys
These GTC apply accordingly to the sale of licence keys.
When purchasing licence keys, the purchaser is granted the rights to use the respective product, for example software or content, as shown in the product description.
The Customer will be provided with the possibility to download the ordered licence keys.
The ordered Licence keys will be sent to the Customer at the e-mail address provided.
The ordered licence keys are provided to the Customer in the Customer Account, provided that a Customer Account has been created.
The ordered license keys are provided to the Customer as output on the screen.
Unless otherwise specified in the product description or otherwise agreed between the Vendor and the Customer, the licence key may only be used after payment of the agreed fee.
Production and processing according to the Customer’s specifications
If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer’s specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as “Cooperation”).
The Customer shall be informed of his required Cooperation within the product description or the ordering process.
In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer’s Cooperation.
The Vendor shall not bear any costs for the Cooperation of the Customer.
The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer’s Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).
Software Setup
Set-up services, which include the set-up of software, e.g. on computers, other devices or servers, as well as preparatory measures associated therewith, shall be carried out at an agreed date after consultation with the Customer.
If additional costs arise in connection with the Set-up, these will be communicated to the Customer within the scope of the product description, the ordering process or within the scope of a subsequent agreement.
The Customer is responsible for providing the Vendor with the information required for Setup and for providing the necessary support and, in particular, for providing the necessary access and login credentials.
The Set-up shall be provided in a professional manner. Subject to other agreements, the Vendor may commission appropriately qualified third parties with the Set-up services.
Service-related rights and obligations of the contractual parties
“Services” within the meaning of these GTC are activities owed by the Vendor, which are based on an agreed action or cooperation of the Vendor (also referred to as the “Service Provider” in the context of Services)
The provisions of these Terms and Conditions apply accordingly to contracts for services unless otherwise stipulated in this section.
The specific scope of services results from the respective service description, the offer, or the individual agreement between the Service Provider and the Customer. The only decisive factor is the scope of activities or support defined therein. The Service Provider does not owe a specific result, but rather the careful, professional, and best possible execution of the agreed activity. This constitutes a service contract within the meaning of the law. Recommendations, assessments, or proposals for action by the Service Provider expressly do not constitute a guarantee or assurance of success.
If the description of the assignment is insufficient or its scope is doubtful in certain cases, the services to be provided shall include those tasks which are standard in the industry and required by the circumstances, and which are necessary to achieve the agreed contractual purpose to an appropriate extent.
Änderungen oder Erweiterungen des ursprünglich vereinbarten Leistungsumfangs können von beiden Parteien angeregt werden.
Insofar as the Service Provider renders its services on the basis of information, documents, access details, systems or other materials to be provided by the Customer, the Customer shall make these available to the extent necessary for fulfilment of the contract, in an appropriate manner and within a reasonable period.
The Service Provider does not conduct a legal review of the information, content, specifications or materials provided by the Customer.
Unless appointments have been expressly confirmed as binding as part of an order or offer process, via other appointment scheduling options provided by the Service Provider, or in written or text form (e.g. by email), they are considered non-binding guidelines.
Agreed appointments for services may only be rescheduled by the Customer with timely notice and with the Provider’s consent.
The remuneration is determined by the respective offer or service description and shall, unless otherwise agreed, be payable in advance before the performance of the service.
Travel, transportation and other incidental expenses shall be borne by the Customer unless the parties agree otherwise.
If services are provided online, by video call, telephone, email or other means of remote communication, it is the responsibility of the Customer to ensure a stable and suitable internet or communication connection.
If the Customer identifies a defect in a service provided and asserts rights regarding defects, the Customer should notify the Vendor of this within a reasonable period.
The Service Provider is entitled, in the event of force majeure or other unforeseeable events for which the Service Provider is not responsible and which significantly impede or render impossible the provision of services, to postpone agreed dates or to provide the services at a later date.
Coaching services
Coaching services within the meaning of these GTC are personalised, process-related support services provided by the Service Provider to the Customer online, by telephone or on site.
The specific subject matter and scope of the coaching are determined by the respective service description, the offer or the individual agreement.
Coaching is not a substitute for medical, psychological, psychotherapeutic or any other healthcare treatment and is not intended for the diagnosis or treatment of physical or mental illnesses.
Coaching is an interactive process, and its progress and impact depend significantly on the Customer’s active participation and openness.
The Provider does not guarantee that specific results, progress or developments will be achieved through the coaching process.
The Customer undertakes to provide all information relevant to the coaching truthfully and to actively participate in the coaching process.
Coaching may be provided online, by telephone or on-site.
Agreed coaching appointments are binding. Cancellations by the Customer must be made in written or text form.
The Provider shall treat all information obtained during the coaching process as confidential, unless statutory disclosure obligations apply.
For group coaching sessions, the agreed number of participants is binding.
Audio or video recordings by the Customer are only permitted with the prior explicit consent of the Service Provider.
Materials provided by the Provider during the coaching process may be used by the Customer solely for their own purposes.
For on-site coaching sessions, the venue’s house rules and any additional safety or usage regulations apply.
The Service Provider is entitled to exclude Customers from coaching if their behaviour significantly disrupts the process.
Coaching packages and agreed session quotas must be used within the specified duration.
Unless a strictly personal coaching session or relationship with a specific person has been expressly agreed, the Service Provider may arrange for a change of coach.
Digital Services
“Digital Service” means a service that allows the Customer, who is a Consumer, to create, process, store or access data in digital form.
The provisions of these GTC shall apply accordingly to Digital Services.
Duration, termination and renewal of service contracts
The service is provided as a continuous performance over an extended period or at regularly recurring intervals and may be ordinarily terminated by either contracting party. The notice period is one month.
The termination provisions do not affect the statutory rights of Customers who are consumers to withdraw from, revoke or otherwise terminate the contract.
Subscriptions
“Subscription” is understood to mean the regular purchase of products or other services by “Subscribers” within the framework of an ongoing contractual relationship for a defined period of time.
A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period.
The termination only takes effect for the future.
The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address.
The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.
Subscription contracts can be terminated in text form (e.g. e-mail).
Subscription contracts can only be cancelled electronically by e-mail or in the user account.
Unless otherwise stipulated in the respective offer, the period of notice is one week.
Sale of Tickets
These GTC apply accordingly to the sale of tickets.
The Customer will be provided with the possibility to download the ordered tickets.
The ordered tickets will be sent to the Customer at the e-mail address provided.
With the tickets, the Customer acquires the rights embodied in the tickets in accordance with the product description to participate in the named events.
Promotional vouchers
“Promotion Vouchers” are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns.
Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions.
Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.
Customer Account
The Vendor provides the Customer with a Customer account.
To place an order, Customers must create a Customer account. Ordering as a Guest is not possible.
Customers are obligated to provide truthful information in their Customer account.
Customers are responsible for their customer accounts within their sphere of influence.
The Customer account may only be used in accordance with the applicable legal provisions.
When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content.
Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice.
From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer.
Prices and Shipping Costs
Unless otherwise stated, all prices are net, plus the applicable statutory value added tax (VAT).
The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
Payment Methods and Terms
Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment.
The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method.
If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result.
The Vendor reserves the right to offer payment methods only from or up to a certain order volume.
SEPA Direct Debit – By placing the order, the Customer grants the Vendor a SEPA direct debit mandate.
Purchase on account – The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 7 days without deduction.
Credit card payment – When placing an order, Customers provide their credit card details.
Costs incurred by reminders of due receivables will be charged to the Customers.
The Vendor shall be entitled to claim default interest in the statutory amount.
Customers shall only be entitled to set-off if their counterclaims have been legally established or acknowledged by the Vendor.
Purchase on account
If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
Copyright and Rights of Use
The documents, instructions, informational materials, products and media provided by the Vendor to the Customer may, unless expressly agreed otherwise, be used exclusively for the individual and contractual use by the Customer.
The Customer is granted simple rights of use to utilise the acquired Protected Content for contractual purposes.
The Vendor expressly reserves the right to use the Protected Content for commercial text and data mining.
If the Protected Content is subject to a specific usage licence, Customers will be informed about the usage licence.
If the Vendor provides services in advance, the Customer shall receive a simple, non-transferable and revocable right to use the Protected Content until full payment of the remuneration owed has been made.
The copyright notices and protection marks attached to the Protected Content must be observed.
Instructions on Withdrawal
The information regarding the right of withdrawal for consumers is set out in the withdrawal policy of the Vendor.
Warranty and Liability
The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence.
The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer.
The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer.
Change of GTC
The Vendor reserves the right to amend these GTC in the case of long-term debt relationships at any time with effect for the future.
In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
The Vendor will send the amended GTC to the Customer’s email address registered with the Vendor at least two weeks before they come into effect.
Data protection and confidentiality
The Service Provider processes personal data exclusively in accordance with the applicable data protection laws.
Final provisions
The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany.
The place of jurisdiction shall be at the Vendor’s (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law.
