(1) The following General Terms and Conditions (GTC) govern the contractual relationship between AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG and the consumers and entrepreneurs who use the website of AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG (hereinafter referred to as “Purchaser”). The GTC apply to the use of the website www.asup.de and all subdomains belonging to this domain. The version valid at the time of conclusion of the contract shall apply. The contract language is German.

(2) Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG without this being attributable to their commercial or independent professional activity.

Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG in the exercise of their commercial or independent professional activity.

(1) We reserve the right to offer a place in the following training course to participants who have already registered if there are fewer than six participants at the start of the training course.

(2) The offers made by Axel Schröder & Partner on the Internet represent a non-binding invitation to the purchaser to order goods from AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG to order goods.

(3) By ordering the desired object of purchase on the Internet, the purchaser submits a binding offer to conclude a purchase contract.

(4) AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG is entitled to accept this offer within 10 days by sending an order confirmation. The order confirmation shall be sent by e-mail or letter. If the period specified in sentence 1 expires without result, the offer shall be deemed to have been rejected.

(1) Payment for the goods shall be made on account. Payment by cash on delivery is only possible for shipments within Germany. We reserve the right to accept or exclude certain payment methods in individual cases.

(2) In the case of payment on account, the buyer undertakes to pay the invoice amount within 14 days of receipt of the goods.

(3) If the buyer is in default of payment, he shall be responsible for any negligence in the meantime. He shall also be liable for accidental damage, unless the damage would have occurred even if payment had been made on time.

(4) Interest shall be charged on the purchase price during the period of default. The default interest rate for the year shall be five percentage points above the base interest rate. In the case of legal transactions in which a consumer is not involved, the interest rate shall be eight percentage points above the prime rate.

(5) The assertion of further damages is not excluded.

(1) Delivery shall be made by sending the object of purchase to the address provided by the buyer.

(2) Shipment is usually made by postal service. The Buyer shall bear the shipping costs.

(3) Under special circumstances, the seller reserves the right to charge shipping costs in addition to the shipping costs mentioned under point (2) separately. Special circumstances exist, for example, if the ordered quantity of booklets is more than 2 pieces and/or the delivery is made to countries outside the EU member states. If the buyer requests a special type of shipment that incurs higher costs, he must also bear these additional costs.

(4) If the purchaser acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase shall pass to him as soon as AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG has delivered the object of purchase to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

The object of purchase shall remain the property of AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG. Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the express consent of AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG is not permitted.

The price stated in the respective offer for the object of purchase is the price plus any applicable VAT and other price components. The price does not include delivery and shipping costs.

(1) AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG is entitled to withdraw from the contract, also with regard to an outstanding part of the delivery or service, if false information has been provided about the creditworthiness of the purchaser or objective reasons have arisen with regard to the purchaser’s inability to pay, e.g. the opening of insolvency proceedings against the purchaser’s assets or the rejection of such proceedings due to a lack of assets to cover costs. The Buyer shall be given the opportunity to make an advance payment or provide suitable security before withdrawing from the contract.

(2) Notwithstanding any claims for damages, in the event of partial withdrawal, partial services already rendered shall be invoiced and paid for in accordance with the contract.

(1) Warranty towards consumers

a) AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG warrants that the object of purchase is free of defects upon delivery. If a material defect becomes apparent within six months of delivery of the object of purchase, it shall be assumed that it was already defective at the time of delivery, unless this assumption is incompatible with the nature of the object of purchase or the defect. If the material defect only becomes apparent after six months, the buyer must prove that the material defect already existed when the object of purchase was handed over.

b) If the object of purchase is defective at the time of delivery, the purchaser has the choice of whether subsequent performance is to be effected by repair or replacement. AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG is entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the purchaser.

c) If the supplementary performance fails, the buyer may, at his discretion, demand a reduction in the purchase price (reduction) or rescission of the contract (withdrawal) as well as compensation. In the case of only minor defects, the buyer shall not be entitled to withdraw from the contract.

(2) Warranty towards entrepreneurs

a) If the purchase is a commercial transaction for AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG and the purchaser, the purchaser must inspect the delivered goods immediately for deviations in quality and quantity.

(1) AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG shall only be liable for damages other than those resulting from injury to life, body and health insofar as these damages are based on intentional or grossly negligent action or on culpable breach of a material contractual obligation by AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG or its vicarious agents. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the purchaser may regularly rely. Any further liability for damages is excluded. Claims arising from a guarantee given by AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG for the quality of the object of purchase and the Product Liability Act remain unaffected by this.

(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our Internet store at all times.

(1) All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(2) If the purchaser is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of AS&P UNTERNEHMENSBERATUNG GmbH & Co. KG. The same applies if the purchaser does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.

Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would place a contracting party at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.