General Terms and Conditions of Consensus GmbH, Stuttgart

CONSENSUS社
ケーニッヒシュトラッセ 40
70173 シュトゥットガルト
Email: info@consensus-group.de

To make it easier for you to read, you will find the English translation of our General Terms and Conditions here. Please note that in cases of doubt, the German version shall prevail, which you can find これ.

1. Scope

These General Terms and Conditions apply to all contracts between CONSENSUS GmbH (hereinafter referred to as “Provider”) and its customers regarding mediation consulting services and educational measures (seminars, courses, trainings, etc.).

2. Conclusion of Contract

2.1. Consulting Services

The contract for consulting services is concluded upon the customer’s written or email confirmation of the offer.

2.2. Educational Measures

Registrations for educational measures can be made by mail, email, or online through the relevant registration form and by clicking the “Register bindingly” button on the homepage. Registration is only possible for the entire event; in the case of modular training courses, registration applies to all modules that make up the respective course as per the published service description. The registration constitutes a binding offer to conclude a contract with CONSENSUS GmbH. A proper registration includes, besides specifying the event, the name of the participant (first name, last name, date of birth, address, telephone number, and email address), as well as indicating whether the registration is made by a company or organization. If registration is made by a company or organization, the correct company name, VAT number, exact billing address (including department if applicable), and email address for invoicing must also be provided.

Proper registrations are usually confirmed with a “receipt confirmation” email within a week, which does not yet constitute acceptance. The contract with CONSENSUS GmbH is concluded only when an admission confirmation is received. This will be sent by CONSENSUS GmbH in written form after reviewing the participation requirements and the availability of a free space. CONSENSUS GmbH reserves the right to reject a registration. If a registration cannot be considered, this will be communicated promptly.

Participation requirements can be found in the description of the respective event.

3. Scope of Services

3.1 Consulting Services

The scope of consulting services is contractually agreed upon in each case. The provider does not owe a specific outcome but merely the agreed-upon service.

3.2 Educational Measures

The content and scope of educational measures are derived from the respective course description. The provider reserves the right to make changes, provided they do not significantly alter the overall character of the event. This includes both content changes as well as time shifts, the merging of several courses, and the integration of online elements.

4. Fees and Payment Terms

4.1 Consulting Services

The fee is based on the agreed hourly rates or fixed rates. Invoices are payable without deduction within 14 days of invoicing.

4.2 Educational Measures

The participation fee is stated in the respective event description. With the conclusion of the contract, established by the registration of a participant and the corresponding admission confirmation from CONSENSUS GmbH, the obligation arises to pay the participation fee in full for the respective event. The legal provisions for acceptance default under §§ 611, 615 BGB apply to events that have been bindingly booked but are not fully or partially attended.

The participation fee is generally due immediately upon receipt of the invoice; for agreed-upon installment payments, the first installment is due immediately, and subsequent installments are due on the agreed payment dates. The amount shown on the invoice must be transferred within 14 days to the bank account specified on the invoice. The timeliness of payment depends on receipt by CONSENSUS GmbH.

If a participant is in arrears with the payment of an outstanding invoice, CONSENSUS GmbH is entitled to deny his/her participation in an event until the participation fee (or, in the case of installment payments, the outstanding installments) are paid. The participant’s obligation to pay remains unaffected, minus any demonstrable savings.

Participation certificates and diplomas are generally only issued once the participation fee has been fully paid.

5. Cancellation and Withdrawal

In case of cancellation by the customer, the following cancellation fees apply:

• Cancellation three weeks before the service/course begins: 20% of the agreed amount,
• Cancellation two weeks before the service/course begins: 30% of the agreed amount,
• Cancellation one week or less before the service/course begins: 50% of the agreed amount.

Notwithstanding the above provision, job seekers participating in an educational measure sponsored under SGB III regulations may withdraw from the course without notice if they (a) have legally entered into an employment contract, or if (b) the SGB III funding is discontinued.

6. Educational Measures: Event Content and Changes

The content and execution of the event are based on the service description provided by CONSENSUS GmbH at the time of registration. This becomes part of the contract.

Successful completion of the basic training program (currently 130 hours of instructional content) meets the requirements for a legally compliant training program, which is confirmed with a certificate.

Upon completion of training, the participant receives a certificate or participation confirmation in accordance with CONSENSUS’s training regulations.

Certification complies with German regulations: Certified Mediators Regulation (ZMediatAusbV), is university-certified (International School of Management, ISM), and internationally certified (International Mediation Institute, IMI).

The course materials are included in the course fee and are made available via our digital learning platform. All participants receive an access link before the course begins.

CONSENSUS GmbH is authorized to make changes for technical reasons, such as updates, developments, and/or didactic optimizations, as long as they do not fundamentally alter the essence or goal of the event.

Furthermore, the location and room of the announced event may be changed as long as it is reasonable for the participants. This includes holding the event virtually when required by regulatory directives or for public welfare and ensures synchronous communication and interaction among participants and trainers.

This also applies to the replacement of the announced trainer with a comparably qualified trainer (due to illness or other important reasons) and/or schedule changes for compelling reasons.

Participants will be informed promptly of all changes.

7. Cancellation of Educational Measures

If the minimum number of participants is not reached, CONSENSUS GmbH is entitled to withdraw from the contract up to two weeks before the event start date, provided that the minimum participant number is mentioned in the service description on the homepage and in the admission confirmation.

CONSENSUS GmbH reserves the right to cancel events at short notice for reasons beyond its control (particularly in the event of the trainer’s illness). In such cases, participants will be informed promptly.

If participants agree, they may reschedule to a different event in case of cancellation by CONSENSUS GmbH. Otherwise, the fee paid will be refunded.

CONSENSUS GmbH is only liable for damages caused by event cancellations under the conditions and limitations of section 9.

8. Confidentiality and Data Protection

The provider commits to confidentiality regarding all business and trade secrets of the customer learned in the course of service. The processing of personal data is in accordance with applicable data protection regulations (see also our data protection policy on our homepage: https://consensus-group.com/datenschutz/).

9. Liability

Legal warranty provisions apply, subject to the following liability rules. These apply regardless of the legal grounds for liability, such as delay, defect liability, pre-contractual fault, breach of duty, tort, or other grounds.

Participation in CONSENSUS GmbH events requires normal physical and mental resilience. The events do not constitute therapy and are not a substitute for therapy. Participation in the events and presence in CONSENSUS GmbH premises is at one’s own risk.

CONSENSUS GmbH is liable for damages – regardless of the legal grounds – in cases of willful intent and gross negligence. For slight negligence, we are liable, subject to a milder standard of liability under legal provisions (e.g., for care in one’s affairs) only

• for damages resulting from injury to life, body, or health,
• for damages from the breach of an essential contractual duty (obligation whose fulfillment is essential to the proper execution of the contract and upon which the participant regularly relies and may rely); in this case, CONSENSUS GmbH’s liability is limited to the foreseeable, typically occurring damage.

The above limitations on liability apply equally to breaches of duty by or in favor of persons for whom CONSENSUS GmbH is legally responsible. They do not apply if CONSENSUS GmbH has fraudulently concealed a defect or assumed a guarantee. Relevant provisions of the Product Liability Act remain unaffected.

10. Copyrights

All rights, in particular, the right of reproduction, distribution, and translation, remain reserved by the provider. No part of the course materials may be reproduced or processed using electronic systems, duplicated, or distributed in any form without the provider’s written or email consent. They must not be used for other seminars or similar services, modified, rewritten, or adapted in any way. Audio and/or video recordings of seminars or other services are only permitted with prior written consent.

In case of a violation of the above rights, CONSENSUS GmbH reserves the right to claim damages and/or compensation.

11. Right of Withdrawal for Consumers According to § 13 BGB

Consumers have a statutory right of withdrawal in distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion (i.e., receipt of the confirmation of participation after prior registration).

To exercise your right of withdrawal, you must inform us (CONSENSUS GmbH, Königstrasse 40, 70173 Stuttgart, Email: info@consensus-group.de) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the following sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, without undue delay and at the latest within fourteen days from the day on which we received your notice of withdrawal.

Special Notice
The right of withdrawal expires in a contract for the provision of services if we have fully performed the service and only began to perform it after you had given your express consent and at the same time acknowledged that you lose your right of withdrawal upon complete performance of the contract by us.

In the case of digital content, the right of withdrawal expires if we began the execution of the contract after you expressly agreed that we may begin execution of the contract before the withdrawal period expires and you acknowledged that you lose your right of withdrawal upon the start of execution of the contract.

Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.)

To CONSENSUS GmbH, Königstrasse 40, 70173 Stuttgart, Email: info@consensus-group.de:

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date

(*) Delete as applicable.

12. Final Provisions

12.1. Governing Law and Jurisdiction

The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention do not apply. For bookings by consumers abroad, mandatory provisions or protections granted by court law in the respective country of residence remain in effect.

If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, Stuttgart, the headquarters of CONSENSUS GmbH, is the exclusive place of jurisdiction for all disputes arising from this contract. The same applies if the contractual partner has no general place of jurisdiction in Germany or if their residence or usual place of stay is unknown at the time of filing the lawsuit.

Notice on Dispute Resolution
Online Dispute Resolution (Art. 14 (1) ODR Regulation):

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board.

In case of disputes, CONSENSUS GmbH proposes mediation to reach a solution that is sensible and acceptable for both parties.

12.2. Effectiveness of the General Terms and Conditions

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially ineffective, the validity of the contract shall remain unaffected. In such cases, the contractual parties commit to agreeing on a provision corresponding to the economic purpose of the invalid provision. The same applies if a gap in the contract becomes evident.

Status: October 2024