AGB General Terms and Conditions

 

1. scope of application

1.1 The following General Terms and Conditions of Christoph Kopp Management Beratung, Whistlerweg 32, 81479 Munich, apply to all legal transactions with consumers and companies. Legal transactions may be concluded by e-mail, online purchase/booking or by letter. Telephone orders always require written confirmation by Christoph Kopp.

1.2 These GTC shall apply exclusively. I will not recognize any terms and conditions that conflict with or deviate from these GTC that you use personally or in your company unless I have expressly agreed to their validity in writing or in text form.

1.3 The translation into English (Terms & Conditions) is for your information only. The German text shall take precedence in the event of any differences in language usage.

 

2 Applicable law

2.1 The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany if:

2.1.1 You order as a company,

2.1.2. you have your habitual residence in Germany or

2.1.3. your habitual residence is in a country that is not a member of the European Union.

2.2 In the event that you are a consumer within the meaning of § 13 BGB and you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

2.3 A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

2.4 The version of these GTC valid at the time of booking shall apply.

2.5 The prices at the time of booking apply.

2.6 If certain discount or promotional offers are advertised, these are limited in time or quantity. There is no entitlement to them.

 

3. subject matter of the contract

3.1 The object of the contract may be the following services (whereby the list is not exhaustive):

3.1.1 Individual consultations (in individual sessions or packages)

3.1.2 Group coaching, training & workshop moderation

3.1.3 Key notes & presentations at events

3.1.4 Online tutorials & webinars

3.2 All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.

 

4 Prices, terms of payment and due dates

4.1 The prices to companies are shown as net prices plus the statutory value added tax, shown for Germany. For consumers, I show the gross amount including the statutory VAT.

4.2 Additional costs, such as material costs, travel and accommodation costs, etc., will be invoiced separately if they are not included in the service offer.

4.3 An invoice will always be sent to you by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to me within 7 days.

4.4 Access to online services (such as tutorials, webinars, online workshops, etc.) is subject to prior receipt of payment. As soon as I have received your payment, you are entitled to my corresponding consideration from this point in time.

4.5 If bookings are made via my external payment service providers Digistore24 or Copecart, the respective payment terms of Digistore24 or Copecart shall apply.

4.6 Access to my member area or to the online tutorials will be granted as soon as the amount has been credited to my account. As a rule, you will then immediately receive your access data for the member area.

4.7 In some cases, I also offer payment in installments. The total amount may be higher compared to full payment. I will inform you of this amount in advance. Early termination of an installment payment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the increased installment amount, if applicable) in part or in full at any time before the end of the agreed period.

4.8 For late payments, both for purchases and installment purchases, interest will be charged at the agreed rate (the installment payment amount is usually higher than for a single payment) as well as costs for appropriate reminders. If the internal dunning process is unsuccessful, I can hand over the outstanding debt to a lawyer, debt collection agency or factoring company for collection. In this case, you will incur costs for the use of legal representation.

4.9 If we have agreed on payment in installments and you fail to pay after a reminder in text form and a grace period, I am entitled to terminate the installment payment prematurely and the entire outstanding amount shall then become due immediately.

4.10. You are not entitled to assert a right of retention or set-off against my payment claims, unless these are undisputed or legally enforceable counterclaims.

4.11. If you are in default of payment or otherwise in arrears, I shall be entitled to refuse performance or delivery until all payments due have been made. Furthermore, I am entitled to withhold, interrupt or completely discontinue services without being obliged to compensate any damages incurred. These rights shall apply without prejudice to any other contractually agreed or statutory rights and claims of mine.

 

5 Offer of services, conclusion of contract and revocation

5.1 Individual consultations

5.1.1 In the case of individual consultations (e.g. coaching for individuals), an initial preparatory meeting forms the basis for the consulting service. The initial contact is usually made by e-mail, web contact or telephone.

5.1.2 The initial consultation for private and individual clients usually lasts 30 minutes and takes place online (Zoom, Teams or Skype). It is generally free of charge. It serves to clarify the goals, topics and methodology of the consultation, as well as the duration and costs. We may agree that I will send you a concept proposal by e-mail.

5.1.3 You then decide promptly whether to start the consultation and send me an assignment in writing or by e-mail, which I in turn confirm in writing or by e-mail.

5.1.4 If you wish to commence the consultation within 14 days of commissioning, you expressly waive the fourteen-day right of withdrawal.

5.1.5 If you cancel as a private individual within 14 days, you will not incur any costs, except for services already provided, which will be charged accordingly. If you have made the payment in full within this period, it will be refunded to you less any services already provided.

5.2 Consulting, moderation & projects for companies

5.2.1 The scope, implementation modalities and costs of the initial meetings for companies depend on the complexity and project requirements of the requesting company.

5.2.2 As a rule, we agree that I will send you a concept proposal by e-mail.

5.2.3 You then decide promptly whether to commission the project and send me an order in writing or by e-mail, which I in turn confirm in writing or by e-mail.

5.3 Digital products (tutorials, e-books, webinars, online workshops)

5.3.1 On my websites, landing pages and social media channels, I offer both individual digital products and more extensive online programs for purchase.

5.3.2 If you decide to purchase one or more digital products, click on the „Buy“ button. You will then be taken to a page of one of my two payment service providers Digistore24 or Copecart to enter the data required for payment processing. Their respective valid terms and conditions and revocation regulations apply:

5.3.2.1.Digistore24 https://www.digistore24.com/de/info/terms/1

5.3.2.2.Copecart https://prod.copecart.com/agb

 

6. dates, cancelations and cancellation regulations

6.1 We arrange appointments for individual consultations according to mutual availability. Agreed appointments are always binding.

6.2 Cancellation by the customer: Cancellation or postponement of the agreed appointments free of charge is possible up to 2 working days before the appointment at the latest. Cancellation must be made in writing by e-mail. If a cancellation is made less than 2 working days before the agreed date without an adequate reason (e.g. illness or force majeure), I reserve the right to charge the fee at 50 %. In the event of a no-show, the full fee is due as a cancellation fee. If repeatedly agreed appointments are canceled, I can withdraw from the contract.

6.3 Cancellations by me: I reserve the right to cancel or postpone agreed appointments if this is necessary for unforeseen reasons (e.g. illness) or force majeure. In this case, I will inform you as soon as possible and offer an alternative date. If no alternative date can be arranged, you will receive a full refund of any payments already made for canceled individual lessons.

 

7 Participation and consulting success

7.1 Every consulting service or coaching program is based on cooperation and mutual trust. In order for us to achieve the consulting objectives agreed at the beginning, your active cooperation, initiative, willingness to learn and make decisions are important.

7.2 I work to the best of my knowledge and ability for your success. The advice and the methods and tools used for this are based on the discussions or correspondence between us. I cannot guarantee the achievement of defined goals or desired results. I serve you as a process facilitator and supporter for decisions and changes; you do the actual change work.

7.3 You ensure that you have the minimum technical standards for smooth online communication at the start of the consultation. This usually includes a PC/laptop/tablet, a sufficiently fast internet connection and hardware or software relevant to the content of the consultation (e.g. webcam or office software).

7.4 The number of hours or consultations agreed for consulting packages must be completed within 12 months. If the hours are not used within 12 months, the entitlement to the service expires.

 

8. mutual confidentiality and obligation to maintain secrecy

8.1 Our work is based on trust. I undertake not to disclose any confidential information about you during and after the coaching program. On request and for more extensive consultations, you will receive a non-disclosure agreement signed by me.

8.2 You are obliged to maintain secrecy about all information to be treated as confidential of which you become aware in the course of your cooperation with me and only to use it vis-à-vis third parties with my prior written consent. This also applies to all documents that you receive from me in the course of the consultation or to which you have access. The obligation to maintain confidentiality shall survive the end of our cooperation.

8.3 In group programs, the duty of confidentiality also applies to confidential information of other participants that you learn about them during the program.

 

9. data protection

9.1 I process your personal data purely for a specific purpose and in accordance with the statutory provisions.

9.2 Your personal data (such as name, e-mail address, address, payment data) provided for the conclusion of a contract or for the fulfillment of newsletter subscriptions or similar will be used by me to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the booking, ordering, delivery and payment process or for the fulfillment of newsletter subscriptions or similar.

9.3. 9.3 I undertake to store the documents provided to me for the purpose of my consultancy work carefully and to protect them against access by third parties.

9.4 Further information on the type, scope, location and purpose of the collection, processing and use of personal data can be found in the privacy policy.

 

10. copyright protection and rights of use of materials provided

10.1 As part of the consultations or within the online products, I provide you with working materials in the form of PDF worksheets, e-books and audio or video files (hereinafter referred to as documents). These documents contain my best possible knowledge and have been created individually and with appropriate effort for your personal use. No liability is assumed for the completeness and up-to-dateness of these working materials.

10.2 The documents are intended exclusively for your personal use. Participation in consultations, online courses or workshops is for your personal development only. You are therefore not entitled to pass on the content provided in your own services or documents.

10.3 The copyright to the consulting concepts and documents belongs solely to me. You are not permitted to reproduce the contents of my documents or my consulting concepts in whole or in part and/or make them accessible to third parties without my express written consent. Publication or dissemination, even in part, is prohibited and may be prosecuted under copyright and criminal law.

10.4 When I provide the member area, you will receive the access data by e-mail. You are authorized to log in there with 4 IPs per day. The login data sent during registration (link, user name, password) must be stored securely and not made accessible to third parties.

10.4.1 If there are facts that justify the assumption that unauthorized third parties have gained knowledge of your access data, please inform me immediately so that I can block or change it.

10.4.2 If there are concrete indications that you are in breach of these GTC and/or applicable law or if I have another justified, substantial interest in blocking access, I may block access temporarily or permanently.

 

11. liability

11.1 My consultancy work, whether provided in person or digitally, is purely a service activity. Any liability and claims for damages are excluded.

11.2 Liability for the services of third parties (e.g. subcontractors, software) is excluded.

11.3 You are fully responsible for your actions inside and outside the consultation and are liable for any damage caused.

11.4 In the event of damage caused by force majeure, each party shall bear its own losses.

 

12. final provisions

12.1 The terms and conditions set out here are complete and conclusive. Individual amendments and supplements to these terms and conditions shall only apply if they are made in writing.

12.2 These GTC may be amended by me if there are objective reasons for the amendment. These may be, for example, changes in the law, adaptation of offers or a change in economic circumstances. In the event of significant changes that affect you, I will inform you of the planned changes in good time. You have a 14-day right of withdrawal after you have been informed. After this period has expired, the new regulations will become an effective part of the contract.

12.3 The place of performance is Munich. The place of jurisdiction is the competent local court in Munich.

12.4 In addition to the ordinary legal process, there is also the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr . I do not participate in the dispute resolution procedure.

12.5 Should individual provisions of this contract be or become invalid, this shall not affect the remainder of the contract. The scope of services agreed in the provision shall then be adjusted to the extent permitted by law.

 

Munich, January 20, 2023