General Terms and Conditions of The Osholmer Principle for Summaries (Information Service) and Workshop Offers:
Effective from August 1, 2021

§ 1 Scope

These General Terms and Conditions apply to all concluded sales transactions, contracts, works contracts, orders, subscriptions, services, and related services between The Osholmer Principle and the respective business partner and customer, hereinafter referred to as "CONTRACTING PARTY".

Deviation from these terms and conditions or declarations made in or regarding the contract for summaries (information service) and workshop offers shall only be legally effective if they are drafted in the German language and confirmed in writing by The Osholmer Principle. The terms and conditions of the contracting party shall not be valid, even if The Osholmer Principle does not expressly object to them. The offerings of The Osholmer Principle are directed at companies as defined by the UGB (trend summaries) and consumers within the meaning of the KSchG (trend summaries and workshops).

§ 2 Contractual Components

1. The components of the contract are the contract signed by both parties, the general terms and conditions mentioned in the contract, the offers indicated in the contract, as well as written additional agreements.

2. The contractual relationship and disputes arising from or related to this contract are subject exclusively to Austrian law. For the application and interpretation of the contractual provisions, the following order shall apply: the individual contract text, the respective general terms and conditions, the UGB, and the ABGB. In addition, for consumers, the KSchG and the Distance and Off-Premises Contracts Act (FAGG) shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded..

3. The invalidity of individual parts of these general terms and conditions does not affect the validity of the remaining provisions. In place of the invalid conditions, the statutory provisions that most closely correspond to the legal and economic sense of the invalid conditions shall apply.

§ 3 Offer and Conclusion of Contract

All offers are subject to change until acceptance. Cost estimates are non-binding. The contractual relationship only becomes effective when The Osholmer Principle confirms the order and/or the payment of the fee for paid summaries by the interested party through receipt of payment. Prior to this point, The Osholmer Principle is not bound by offers, and the prices stated therein are subject to change. Additional agreements require explicit written form.

§ 4 Scope of Services, Performance Date, and Rescheduling

1. The services provided by The Osholmer Principle include a paid provision of summaries as well as respective workshop sessions with all necessary materials and workshop techniques.

2. Workshop dates and deadlines are considered approximately agreed upon until confirmed in writing by The Osholmer Principle as binding. If the performance is dependent on the cooperation of the contracting party, The Osholmer Principle's obligation to fulfill the service does not commence until the contracting party has fulfilled its cooperation obligations.

3. If the performance is not fulfilled on the agreed date due to reasons attributable to The Osholmer Principle, The Osholmer Principle undertakes, in consultation with the contracting party, to arrange for a new date for the agreed-upon performance, which must be within the previously mentioned period, excluding the originally agreed-upon day.

§ 5 Prices and Invoicing

1. Payment for the paid summaries and workshop fees must be made within the agreed-upon deadline. In the absence of other written agreements, invoices must be settled without deduction immediately upon receipt. Only full payment entitles the receipt of purchased summaries and/or participation in the workshop, and the workshop can only take place and be guaranteed upon sufficient registrations. If the minimum number of participants for a workshop is not reached, it will not take place. In this case, the contracting party has the choice to either arrange for a new date in accordance with § 4 lit c or request a refund of already paid amounts within 14 days.

2. All prices are inclusive of the legally applicable value-added tax (currently 20%) and do not include additional special services requested by the contracting party unless otherwise agreed upon in writing. (B2B prices are net prices).

3. In case of payment default by the contracting party, The Osholmer Principle is entitled to make further services dependent on advance payments or security deposits by the contracting party, demand damages instead of performance, and withdraw from the contract. Further claims for interest and damages remain unaffected.

4. In the event of payment default, entrepreneurs owe interest of 7.5% above the base rate, while consumers owe 4.5%. The Osholmer Principle is entitled to charge a flat rate amount of EUR 50.00 for extrajudicial reminder costs. If the actual expenses exceed this amount, The Osholmer Principle is allowed to charge a higher amount for reminder costs.

§ 6 Cancellation Fee / Contract Termination by the Contracting Party

1. If the agreed-upon service cannot be fulfilled on the agreed-upon date due to reasons attributable to the contracting party, the contracting party has the right to reschedule the workshop seminars with personal attendance to a different date. In this case, the contracting party must notify The Osholmer Principle in writing no later than 4 weeks working days before the start of the 1st workshop day. For online seminars, a shortened deadline of 2 weeks applies. One rescheduling is free of charge for the same workshop at a later date. If the contracting party does not make use of this second date, for whatever reason, The Osholmer Principle's performance is considered fulfilled. Refunding the fees for receiving a selected summary is not possible after the summary has been sent to the buyer via email (see exception for digital goods).

2. The following cancellation conditions apply to workshops: less than 2 weeks to 1 week prior: 80% cancellation fee based on the total gross amount paid. Less than 1 week: 100% cancellation fee based on the total gross amount paid.

3. The following cancellation conditions additionally apply to workshops with personal attendance: less than 4 weeks to 2 weeks prior: 50% cancellation fee based on the total gross amount paid. Less than 2 weeks to 1 week prior: 80% cancellation fee based on the total gross amount paid. Less than 1 week: 100% cancellation fee based on the total gross amount paid.

4. If the contracting party is a consumer, they can withdraw from the contract by notifying in writing their withdrawal from attending a workshop before the contract is concluded or within 14 days thereafter, with the deadline starting no earlier than the date of the conclusion of the contract. The contracting party's withdrawal must be in writing to be effective. The attached information on the exercise of the right of withdrawal shall apply.

§ 7 Termination of the Contract

The Osholmer Principle is entitled to immediately terminate the contract if the contracting party fails to fulfill its cooperation obligations despite a reminder and a reasonable grace period or if the contracting party is in default with a payment and fails to make this payment despite a reminder and a grace period. The Osholmer Principle is also entitled to terminate the contract if the situation changes significantly during the execution of the contract.

§ 8 Data Protection

For the provision of services by The Osholmer Principle, it is necessary to process personal data. The data will be processed and stored in accordance with the provisions of the GDPR (General Data Protection Regulation).

§ 9 Copyright

The copyright of all summaries and workshop materials belongs to The Osholmer Principle. Used images are either created by The Osholmer Principle, sourced from third parties and subject to a Creative Commons license, or acquired through license payments to stock photo agencies. Images may not be distributed. The production and/or distribution of summaries and/or copies of the workshop materials - in any form - is prohibited.

§ 10 Assignment Prohibition

The contracting party may not transfer the rights from this contract to third parties without the express consent of The Osholmer Principle.

§ 11 Warranty, Liability, and Conduct during the Seminar/Workshop

1. The contracting party may only offset with undisputed or legally established claims. The right of retention is also granted only in these cases. The Osholmer Principle is only liable for damages in case of intent or gross negligence.

2. The Osholmer Principle is not liable for any specific characteristics of the summaries and/or workshop units. Information provided by The Osholmer Principle is non-binding and without warranty.

3. Participants must ensure before the activity that they or persons attributable to them do not have any significant items (mobile phones, wallets, loose necklaces, etc.) that could be lost. The organizer of the workshops accepts no liability for any lost items during the activity.

4. Instructions by the workshop leader: Participants must follow the instructions of the workshop leader. If a participant refuses to comply with the safety instructions of the workshop leader, the workshop leader has the right to exclude them from the event. In this case, no refund shall be made to the contracting party.

5. Failure to disclose illnesses and impairments on the part of the contracting party that would exclude them from the event excludes them as claimants for damages.

6. By accepting the contract, the contracting party confirms that they are capable of meeting the physical and psychological requirements of the activity.

§ 12 Place of Performance, Exclusive Jurisdiction, and Choice of Law

The competent court for 8501 Lieboch is agreed upon as the place of jurisdiction. The place of performance is the registered office of The Osholmer Principle. If the contracting party is a consumer, the corresponding statutory provisions regarding the local and subject-matter jurisdiction apply.

§ 13 General Provisions

Changes and additions to the contract must be made in writing. This applies in particular to the waiver of the written form requirement.