T&C's

General Terms and Conditions (GTC) ToBeOnTop and Onlineshop

  1. General

On the website www.2bontop.com of the Engineering Office Pavlovic (hereinafter called "ToBeOnTop") the customer finds offers for digital products such as video files, training materials, online books or audio books and other audio files as well as for physical products such as DVDs, books and other products of the ToBeOnTop speakers / trainers / coaches and text-based personality analyses for negotiations.

Some product presentations refer to online shops of other providers where the products can be purchased. The respective contractual conditions and general terms and conditions of the shop provider shall then apply.

The following conditions apply to the purchase of products from the website www.2bontop.com.

  1. Conclusion of Contract / Payment

The successful completion of the payment process by entering the requested data by the customer for the product offered by ToBeOnTop or another expert and selected by the customer via www.2bontop.com constitutes an offer to conclude the contract. The contract is considered accepted if the rejection has not been declared within 14 days. Amendments and/or supplements to the contract must be made in writing.

Payment shall be made by direct debit, Stripe, credit card, click bank or PayPal.

  1. Providing the digital products

After completion of the booking, the customer receives either an individualised access to the booked product by e-mail, or a download link by e-mail. The customer acquires a simple non-transferable right to use the products for personal use. Use by third parties is not permitted.

Digital products such as video files, webinars or some audio files are made available via online streaming. In this case, no files are stored on the customer's computer, but can only be consumed online. This means that the customer needs sufficiently powerful Internet access to use the product.

Other digital products such as text or audio documents can be downloaded and permanently stored by the customer. Internet access is also required for this.

4 Note on the Right of Revocation

4.1 Cancellation Policy

Right of Withdrawal

In the case of text-based personality analyses for negotiations, the customer deliberately waives the 14-day right of withdrawal, as otherwise the 24-hour deadline for delivery cannot be met.

The following applies to all other products.

You can revoke your contractual statement within 14 days without giving reasons in writing (eg letter, or e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our duties to inform according to article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB as well as our duties according to § 312e Abs. 1 Satz 1 BGB in connection with article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.

The revocation is to be addressed to:

Ingenieurbüro Pavlovic

ToBeOnTop

Zeppelin Street 1

71157 Hildrizhausen, Germany

ask@2bontop.com

Revocation Consequences

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the goods or services received in whole or in part, or can only return them in a deteriorated condition, you must compensate us for the loss in value. This can lead to the fact that you must fulfill the contractual payment obligations for the period up to the revocation nevertheless. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.

Special notes

Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.

  • End of the revocation instruction –

4.2 According to § 312b BGB, a right of revocation exists only vis-à-vis consumers. If the customer is not a consumer within the meaning of § 13 BGB, there is no right of withdrawal.

5 Granting of Rights

5.1 The products of ToBeOnTop are protected under copyright, trademark, name and other legal aspects. ToBeOnTop grants the customer a simple, non-exclusive, spatially and temporally unrestricted, non-transferable right of use to the products purchased. The customer is not entitled to exploit the products beyond the use permitted in this granting of rights.

5.2 It is not permitted to convert, modify and pass on, make available, exchange and/or commercially use in any way (e.g. rental, rental, sale), to pass on to third parties, or to make publicly accessible in modified form or to utilize purchased products on the Internet or other networks, either against payment or free of charge.

5.3 If a third party makes unauthorized use of the Customer's rights to use the products of ToBeOnTop for reasons for which the Customer is responsible, he is obliged to reimburse ToBeOnTop and the other rights holders for any costs incurred thereby and/or to meet claims for damages.

6 Limitation of Liability

6.1 ToBeOnTop is liable for intent and gross negligence.

6.2 ToBeOnTop is also liable in case of slight negligence for the violation of an essential obligation for the achievement of the purpose of the contract; in this case the liability for unforeseeable and contract-untypical consequential damages is excluded. Essential contractual obligations in the aforementioned sense are those obligations whose fulfilment is essential for the proper execution of the contract and on whose observance the customer may regularly rely.

6.3 Liability claims for damages resulting from injury to life, body or health are excluded from liability limitations.

7 Final provisions

7.1 The law of the Federal Republic of Germany applies, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

7.2 If the customer is a merchant, legal entity under public law or special fund under public law, Stuttgart shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. In all other respects, an agreement shall always be sought first. The legal way should always be the last way.

7.3 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

General Terms and Conditions (GTC) ToBeOnTop - Booking of Events, Seminars, Lectures, Coachings or Consultings

  1. Conclusion of a contract & validity of the GTC

A contract between the client (customer) and the Ingenieurbüro Pavlovic or ToBeOnTop is concluded by the acceptance of an offer by the other contracting party or by a direct purchase of the respective service/coaching in the online shop. The contract can be concluded in text form (e.g. letter, e-mail), or after payment has been made online via the online shop using one of the payment methods offered. ToBeOnTop will send the client an offer to carry out the services as a speaker, trainer, coach or consultant in text form, or provide a description on the respective offer page of the online shop.

The terms and conditions of ToBeOnTop apply exclusively. Conflicting or deviating conditions of the client will not be accepted, unless their validity has been explicitly agreed in writing or in text form. These GTC shall also apply if ToBeOnTop provides its services to the client without reservation in knowledge of conflicting or deviating conditions of the client.

  1. Remuneration

2.1 All offers are to be understood as net offers plus VAT. Unless they are clearly marked otherwise. In the case of external events, travel costs (0.69 €/km in your own car or flight, train and possibly overnight costs) and possibly VAT will be added.

2.2 For external events the services of ToBeOnTop will be invoiced shortly after the event. For participation in open seminars and events of ToBeOnTop the agreed terms of payment apply. Invoices are to be paid immediately without deduction.

  1. Withdrawal / Cancellation

3.1 In the event of a cancellation of the order or in the event that an external event (training, coaching, consulting) does not take place, the client shall notify ToBeOnTop immediately.

3.2 For cancellations up to 8 weeks before the external event there is no cancellation fee. For cancellations up to 4 weeks prior to the date, 50% of the agreed fee shall be payable. For cancellations within less than 4 weeks, 80% of the agreed fee will be charged.

3.4 If the client offers an alternative date acceptable for ToBeOnTop, no cancellation fee will be charged. However, this has to be decided in individual cases by ToBeOnTop taking into account the legitimate interests of the client.

3.5 For the cancellation of the participation in open seminars and events up to 4 weeks before the date cancellation fees of 50 % and thereafter 100 % cancellation fee apply. The customer is welcome to nominate a substitute participant. The customer has no right of withdrawal when booking annual programmes. However, the customer can make up missed seminars on other dates.

3.6 ToBeOnTop reserves the right to cancel seminar dates for important reasons. If no alternative date acceptable to the customer is made, already paid seminar fees will be refunded.

3.7 "Online coaching / individual coaching without travel activity" purchased in the online shop can be cancelled according to the conditions free of charge up to one hour before the respective date. Cancellation less than one hour before the respective date will incur a cancellation fee of 80%. Postponements of "online/individual coaching without travel" can be made free of charge up to one hour before the appointment. After that, a postponement is no longer possible.

  1. Cancellation / Cancellation by ToBeOnTop / Event cancellation

4.1 If a trainer, coach or consultant of ToBeOnTop is unable to carry out his assignment due to force majeure, illness, accident or other circumstances beyond his control, he shall inform the client immediately.

4.2 Further damages are excluded. This exclusion does not apply in the case of intentional or grossly negligent conduct or in the case of injury to the life, body or health of the client.

4.3 In case of failure of the appointment, no fees will be charged by ToBeOnTop.

4.4 All open seminar or lecture events have a minimum and a maximum number of participants. If the maximum number of participants is exceeded, the priority of the receipt of the application decides on the participation. A telephone registration does not count as binding. In the event that the maximum number of participants is exceeded, the organizer/client will endeavour to set a follow-up date and to re-apply. The registered participants are not entitled to such a follow-up date.

4.5 If the minimum number of participants is not reached, the event will not take place. The minimum number of participants shall be determined by the organiser/client upon conclusion of the contract. The cancellation of events, e.g. in the event of the absence of a lecturer, insufficient number of participants (at the latest two weeks before the start of the event), hotel closures or force majeure is reserved. We endeavour to notify cancellations or necessary changes, in particular a change of lecturer, as early as possible. We expressly reserve the right to make changes to the programme, provided that this preserves the overall character of the event. A change of lecturer (except for events with only one lecturer), minor changes in the course of the event or a reasonable relocation of the venue shall not entitle the participant to a price reduction or to withdraw from the contract. If an event is cancelled, we will refund the participation fee paid. Further claims are excluded. Possible cancellation or rebooking fees for means of transport or accommodation booked by the participant will not be refunded by ToBeOnTop.

  1. Technical Equipment for the Presentation

5.1 Unless otherwise agreed, the client of external events shall provide the necessary technology for the seminars/lectures. This includes in particular a powerful beamer, screen, two flipcharts, headset and amplification system with sound pickup from the computer used for the presentation.

5.2 Should this not be possible for the client, he shall inform ToBeOnTop as early as possible so that a suitable solution can be found. If necessary, additional rental fees will be incurred, which have to be paid by the customer.

  1. Rights of use and copyrights

6.1 The client protects the copyrights of ToBeOnTop as well as its experts and contracting parties. This applies in particular to presentations, documents or contents which may only be reproduced, distributed or used for internal or public reproduction or making available to the public with the written consent of ToBeOnTop.

6.2 In particular, the provision of the contents on publicly accessible platforms such as the company homepage, Youtube etc. is to be omitted without the written consent of ToBeOnTop.

6.3 A recording of the event in sound, picture or film is only permitted with the written permission of ToBeOnTop.

6.4 The customer does not acquire any rights to commercially use, copy, digitally reproduce or otherwise make accessible to third parties the contents of the training, coaching or consulting sessions as well as training or information material without the express written consent of ToBeOnTop. The customer is forbidden to reproduce seminar contents completely or in parts.

6.5 If events are filmed by ToBeOnTop, the customer irrevocably and free of charge agrees that ToBeOnTop is entitled to create, reproduce, broadcast or have broadcast image and/or sound recordings of his person at the respective event as well as to use them in audiovisual media, also for the purpose of advertising events, for all currently known and in future known media forms.

  1. Choice of Law, Place of Performance, Place of Jurisdiction, Final Votes

7.1 The law of the Federal Republic of Germany shall apply to the conditions and their implementation.

7.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, Stuttgart shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. In all other respects, an agreement will always be sought first. The legal way should always be the last way.

7.3 Amendments and supplements to the contract must be made in writing.

7.4 Should individual provisions of this contract or the General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to make a provision which comes as close as possible to the purpose pursued by the invalid provision.

Status: 31.12.2018

Aufrufe: 49