Section 1 – Provider, inclusion by reference of the General Terms and Conditions

(1) The Provider and contracting party for the services presented on our website “https://intermodal-academy.de, https://intermodal-academy.com, https://edu.intermodal-academy.de, https://edu.intermodal-academy.de, https://lab.intermodal-academy.de und https://lab.intermodal-academy.com” is SGKV e.V., Westhafenstr. 1, Berlin, phone 0176 5676 2651, e-mail academy@sgkv.de (referred to hereinbelow as the “Provider”, “we” or “us” for short).

(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.

Section 2 – Services offered and conclusion of contract

(1) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.

(2) The Provider is making a binding offer for providing the services presented on the website. By transmitting the order using the button “"buy now"” the Customer accepts the Provider’s offer. The Provider shall confirm the conclusion of the contract by e-mail (contract confirmation).

(3) Before finally placing the purchase order, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the services. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.

(4) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing. As the Customer cannot access the Provider’s data, it is the Customer’s responsibility to save the e-mail with the contract text for later reference.

Section 3 – Prices and payment

(1) All product prices are total prices. Prices are exempt from VAT (§ 4 UStG).

(2) The Customer can use the following payment method for his order: delivery on invoice.

(3) The Provider shall only perform his service when the Customer has made payment. In this respect, the customer is obliged to pay in advance.

(4) For services provided towards customers outside the European Union, the Customer may be obliged to pay import tax to his local tax authority (“Reverse Charge”). The Provider has no means of influencing this local tax.

Section 4 – Digital contents

(1) A product offered by as recorded digital content to be provided by e-mail, as download or otherwise for electronic retrieval will not be delivered by post.

(2) The reception of digital content requires that the Customer has an internet connection. The Provider points out that the Customer’s network supplier may charge the Customer extra costs for the data traffic; the Provider has no means of influencing them.

(3) Where the Provider makes a digital content available for download, the Provider guarantees an up-time of the download server of 99% on average for a calendar month.

(4) If the Customer is a consumer and expressly consents that the contract shall be performed already before expiration of the withdrawal period and the Customer acknowledges that he thereby loses his right of withdrawal, the Provider shall deliver the digital content immediately. In all other cases, the Provider shall deliver the digital content after expiration of the withdrawal period.

Section 5 – Live online sessions

(1) For services which the provider shall perform at a pre-arranged time and which the Customer can take advantage of via the Internet at this time (“Live Online Sessions”) the Customer shall receive the required access information after payment of the agreed fee.

(2) It is the Customer’s responsibility to keep the access information protected from access by third parties. If a third party uses the access information, the Provider may preclude simultaneous access by the Customer.

(3) Participation in a live online session requires that the participant has an Internet-capable terminal and an Internet connection with a download bandwidth of at least 6 MBit/s. If it is an interactive live online session, in which the participant wants to transmit his camera image and sound to the Provider or other participants, the participant also needs a suitable webcam and microphone as well as an upload bandwidth of at least 6 MBit/s.

(4) Live online sessions are no distance learning in terms of § 1 FernUSG (German Distance Learning Act).

(5) Recording video and/or audio data of a live online session is not permitted.

(6) If the Provider specifies in an offer description a minimum number of participants, the Provider reserves the right to withdraw from a contract in case that the bookings of this offer do not reach the minimum number of participants. In this case, the Provider can withdraw from the contract until 18 o’clock on the day before the scheduled start and cancel the event. The cancellation notice will be sent by e-mail. The Provider shall reimburse already paid fees without delay.

Section 6 – In-person events

(1) In-person events take place on the agreed date at the Provider’s place of business, unless a different venue has been agreed on.

(2) Participation in a in-person event requires that the Customer has made the agreed payment by the start of the event.

(3) During an in-person event, the production of photos, films or audio recordings is not permitted, unless the Provider expressly consents.

(4) If the Provider specifies in an offer description a minimum number of participants, the Provider reserves the right to withdraw from a contract in case that the bookings of this offer do not reach the minimum number of participants. In this case, the Provider can withdraw from the contract until 6 pm on the fifth day before the scheduled start and cancel the event. The cancellation notice will be sent by e-mail. The Provider shall reimburse already paid fees without delay.

Section 7 – Right of withdrawal for consumers

(1) A Customer ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.

(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.

(3) The details result from the withdrawal information.

Section 8 – Cancellation Policy

(1) The Provider grants the Customer a right of cancellation for live online sessions and in-person events under the following conditions: Up to the end of the 14th day before the start of the event the Customer may cancel the contract while the Provider will not charge a cancellation fee. The cancellation shall be only effective if it is made in text form (e.g. by e-mail). The Provider shall immediately refund to the Customer any fee already paid for the cancelled contract.

(2) This right of cancellation does not affect the Customer’s statutory rights to withdraw from the contract for other reasons.

Section 9 – Warranty

Warranty claims shall be governed by the statutory regulations.

Section 10 – Out-of-court Dispute Resolution

We are neither obliged nor willing to participate in consumer dispute resolution proceedings.

Section 11 – Final provisions

(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.

(2) Where the Customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the Provider’s registered office shall be the exclusive place of jurisdiction.

(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.