General Terms and Conditions

GTC

General Terms and Conditions and Withdrawal Policy

Status: July 14, 2023

§ 1 Scope of application, supplier and customer group supplied

(1) Scope of Application

The following general terms and conditions (GTC) apply to all courses and offerings of wilkon Akademie GmbH & Co. KG (hereinafter referred to as "wilkon") that are provided through the websites or online store of wilkon or the telephone ordering hotline (+49-911-477680-0). Any counter-confirmations by the customer referring to their own terms and conditions of business or purchase are expressly objected to.

(2) Provider information

Below you will find detailed contact information for wilkon:

wilkon Akademie GmbH & Co. KG
Ulmenstrasse 52d
90443 Nuremberg

Managing Director:
Markus Endres

Nuremberg District Court (Amtsgericht Nürnberg) HRA 16787

VAT ID: DE294501291
Tax Number: 240 182 01026
Nuremberg-Sued Tax Office

Personally Liable Partner:
wilkon Akademie Verwaltungs GmbH
Nuremberg District Court (Amtsgericht Nürnberg): HRB 30360

(3) Customer Base

A consumer is any natural person who enters into a legal transaction for purposes that predominantly do not fall within their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

The offerings from the online store and the telephone booking hotline are intended exclusively for consumers, businesses, and legal entities under public law or a special public fund within Germany, the European Union, Switzerland, and the United Kingdom. Any delivery addresses must also be located within these countries. In all other cases, please contact us in advance by phone. We will then check whether and under what conditions the desired products can be delivered abroad.

§ 2 Conclusion of contract

(1) Non-binding Nature of the Offer:

The presentation of our course offerings and other products on our website or in our online store does not constitute a legally binding offer but merely a non-binding online catalog. Changes and errors in the course and product descriptions are reserved. This is explicitly indicated in all course and product descriptions.

(2) Conclusion of Contract

a) when ordering in the online store
By clicking the Proceed to Checkout button, you place a binding order or course booking for the goods and services listed on the order page. Subsequently, you can print a summary of the order. You are bound by this order for five days. Immediately after placing the order, you will also receive an order confirmation via email to the email address provided by you. The order confirmation contains a detailed list of the booked courses, course dates and locations, ordered products, and, if applicable, additional order items and prices with shipping and cash on delivery fees, as well as a copy of these Terms and Conditions (including the cancellation policy) in written form. The order confirmation does not constitute acceptance of the purchase contract but serves for your information:

  • The purchase contract for course tickets (for participation in on-site courses, live online or hybrid courses), individual coaching packages, support packages, or pure e-learning offerings is considered concluded when we send you a corresponding order confirmation via email to the email address provided by you within five days of your order, along with further payment information in the form of a proforma invoice, or for payment method PayPal, as soon as you have completed your payment process at PayPal and this payment has been accepted by PayPal for processing.
  • The purchase contract for product orders is considered concluded if you do not receive any different information from us via email within five days of your order (e.g., because, contrary to expectations, we are not supplied by the manufacturer), or for payment method Payment by Bank Wire (= "Payment in advance"), as soon as you receive an order confirmation from us with detailed bank information and payment instructions in the form of a proforma invoice after we have reviewed your order (you will receive this order confirmation at the email address provided by you), or for payment method PayPal, as soon as you have completed your payment process at PayPal and this payment has been accepted by PayPal for processing.

b) when ordering through the telephone ordering hotline
For telephone orders, you will receive an order confirmation of your order via email to the email address provided by you. The order confirmation contains a detailed list of the booked courses, course dates and locations, if applicable, additional order items and prices with shipping and cash on delivery fees, as well as a copy of these Terms and Conditions (including the cancellation policy) in written form. The order confirmation does not constitute acceptance of the purchase contract but serves for your information.

  • For payment method Payment by Bank Wire (= "Payment in advance"), the purchase contract is considered concluded as soon as you receive an order confirmation from us with detailed bank information and payment instructions in the form of a proforma invoice after we have reviewed your order, and you transfer the invoice amount to us within the deadline stated in the proforma invoice. You will receive the order confirmation at the email address provided by you.
  • For payment method PayPal, the purchase contract is considered concluded as soon as you receive an order confirmation from us, including a proforma invoice, and a payment request via PayPal, and you comply with this payment request within the deadline stated in the proforma invoice. You will receive the order confirmation at the email address provided by you.
  • Please note that payments for telephone orders are exclusively processed by bank wire (= "Payment in advance") or PayPal. If you wish to use a different payment method, we will be happy to provide you with a customized offer.

c) for individual inquiries or orders via fax
For individual telephone inquiries or inquiries via email, you will receive an offer from us along with these Terms and Conditions (including the cancellation policy) in written form to the email address provided by you. Our offer contains a detailed list of product and course designations, course date information for the booked courses, course fees, if applicable, additional flat fees or hourly rates for services (e.g., for individual course formats, etc.), if applicable, travel, delivery, and accommodation costs for in-house training, and, if applicable, additional order items and prices with shipping and cash on delivery fees, as well as a copy of these Terms and Conditions (including the cancellation policy).

  • By returning the signed offer via email, fax, or mail together with the confirmation of your knowledge of our Terms and Conditions within the mentioned offer period, the purchase contract is considered concluded.
  • If you return our offer and acknowledge the Terms and Conditions after the offer period, you make a binding offer under the conditions stated in our offer and are bound by this offer for five days. The purchase contract is then considered concluded when we send you an order confirmation for the acceptance of your offer to the email address stated in the offer within 5 days.

§ 3 Prices, shipping costs and cash on delivery charges

(1) Prices

During your first visit to our online store, you have the option to choose the region from which you want to place an order and whether you want to order as a private customer or business customer. Your selection influences the display of prices, available delivery options, and the mandatory information required to complete the order.

Price information for private customers residing in Germany and business customers located in Germany:
(Note: Orders can only be placed via www.wilkon-academy.de)

  • All price information is inclusive of the applicable statutory VAT (generally 19%, except for products subject to the reduced VAT rate of 7%).
  • For product deliveries, prices are exclusive of any shipping costs and cash on delivery fees (further information on shipping fees can be found below on this page).
  • Additional travel and accommodation costs may apply for in-house trainings, which we will inform you about as soon as possible after receiving your order for the respective event location.

Price information for private customers residing outside of Germany:
(Note: Orders can only be placed via www.wilkon-academy.com)

  • All price information is inclusive of the applicable statutory VAT (generally 19%, except for products subject to the reduced VAT rate of 7%).
  • For product deliveries, prices are exclusive of any shipping costs and cash on delivery fees (further information on shipping fees can be found below on this page).

Price information for business customers located outside of Germany:
(Note: Orders can only be placed via www.wilkon-academy.com)

  • If you have chosen our Business Customer Shop (B2B) when entering our store for the first time, prices are shown WITHOUT German statutory VAT.
  • For product deliveries, prices are exclusive of any shipping costs and cash on delivery fees (further information on shipping fees can be found below on this page).
  • Additional travel and accommodation costs may apply for in-house trainings, which we will inform you about as soon as possible after receiving your order for the respective event location.

  • Prerequisite for the application of the Reverse Charge procedure (order without German VAT): Please note that the completion of an order in the Business Customer Shop for business customers located outside of Germany is only possible if you provide proof during the ordering process that the prerequisites for the application of the Reverse Charge procedure are met. Therefore, the submission of corresponding information (e.g., European VAT ID, Swiss VAT number, VAT ID of the United Kingdom, etc.) is mandatory for business customers located outside of Germany. We will verify the validity of the provided information and reserve the right to adjust or reject the order if the prerequisites for the application of the Reverse Charge procedure are not met. If your company located outside of Germany does not have a corresponding VAT number (e.g., for small businesses or startups), you can place an order in our Private Customer Shop. In this case, however, German VAT will be charged.

(2) Shipping Costs and Cash on Delivery Fees

The customer is responsible for the shipping costs and any cash on delivery fees. Shipping costs depend on the ordered products and services as well as the respective delivery destinations. They are separately indicated on the order page (or on the order form for telephone orders) and also on the invoice. An overview of the different shipping and payment options, as well as the corresponding prices, can be found online within our customer information.

§ 4 Terms of delivery and self-delivery reservation

(1) Delivery Area and Shipping Companies

For product deliveries, shipping is only available within the European Union. For the standard shipping method, we will use DHL, UPS, HERMES, or a freight forwarder at our discretion. Please note that delivery to a DHL Packstation cannot be guaranteed with the standard shipping method.

(2) Partial Deliveries

If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, provided this is reasonable for the customer. In the case of partial deliveries arranged or offered by wilkon, subsequent deliveries will be free of shipping charges. For special customer requests regarding the division of delivery, agreed shipping costs will be charged for each partial delivery in addition.

(3) Delivery Time

The delivery time is approximately three to five working days for deliveries within Germany, unless otherwise indicated for individual products. For deliveries within the EU, the delivery time is approximately 10 to 20 working days (deviations may occur of course for the payment method Payment by bank wire, so with "Payment in advance". If the delivery of the goods fails despite three delivery attempts, we may withdraw from the contract. Any payments made will be refunded to you promptly.

(4) Reservation of Self-Delivery

If the ordered product is not available because we are not supplied by our suppliers, without any fault of our own, we may withdraw from the contract. The right to withdraw exists only if we have concluded a specific cover transaction (binding, timely, and sufficient order of the goods) with our supplier and we are not responsible for the non-delivery of the goods in any other way. In this case, we will inform you promptly and may suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a delivery of a comparable product, we will promptly refund any consideration already provided by you.

§ 5 Payment

(1) Accepted Payment Methods

Payment for orders placed in the online store can be made by bank wire transfer ("Payment in advance"), SEPA direct debit mandate, or PayPal. The SEPA direct debit mandate is only available to registered regular customers who have already made purchases totaling over €3,000 in our online store. Activation is granted under this condition through the telephone booking hotline. If you choose Payment by bank wire (= "Payment in advance"), you will receive a proforma invoice with our bank details in a separate email after your order has been reviewed. The invoice amount must be transferred within the payment deadline indicated in the proforma invoice. If no payment deadline is specified in the proforma invoice, the invoice amount must be transferred to our account within 10 days at the latest. For course bookings paid in advance, the course spot can only be guaranteed once the payment has been received. For merchandise orders paid in advance, the shipment of the goods will only take place after the payment has been received in our account. If you choose payment by SEPA direct debit mandate, you may be responsible for any costs incurred due to a payment transaction being reversed due to insufficient funds or due to incorrect bank account information provided by you.

(2) Credit Check

If we provide goods or services in advance, we may obtain credit information from SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, based on mathematical-statistical methods, to protect our legitimate interests. Your legitimate interests will be considered in accordance with legal provisions. The information will not be disclosed to other third parties. For further information, please visit the SCHUFA website directly.

§ 6 Retention of title

The goods remain the property of wilkon until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.

§ 7 Right of withdrawal

(1) Right of withdrawal for consumers

If the customer is a consumer and the contract for the delivery of goods or the provision of services was concluded using exclusively means of distance communication, the customer has a right of withdrawal. With regard to the existing statutory rights, express reference is made to the instructions on the Seller's homepage (www.wilkon-academy.de or www.wilkon-academy.com) as well as to the appendix to these GTC.

(2) Non-existence of the right of withdrawal

The right of withdrawal does not apply to the delivery of software if the delivered data carriers have been unsealed by you (e.g. software CDs where the cellophane wrapping has been opened).

(3) Proper packaging when exercising the right of withdrawal

Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and, if possible, with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging

Please note that the modalities mentioned in paragraph 7.3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Obligations of the provider for continuing education courses

wilkon undertakes to

(1) to ensure that the contents are conveyed in a form suitable for adults,

(2) to entrust only those persons with the implementation of the course who are qualified for it through their training and professional experience,

(3) to conduct the course at training places which are suitable in terms of equipment and type.

§ 9 Withdrawal and cancellation

(1) Withdrawal from open events

  • The contractual partner can withdraw from a course booking up to 18 days before the start of the event without giving reasons. The cancellation must be made in writing. The date of receipt by wilkon is decisive. Payments already made will be refunded in this case.
  • In the case of withdrawals received later, a flat-rate fee of 50 % of the course fee must be paid. The lump sum is waived if a suitable substitute participant is named.
  • Withdrawal is no longer possible two working days (Mon. to Fri.) before the start of the respective course. If a participant does not appear, the fee must therefore be paid in full. Non-attendance of individual parts of the course does not entitle the participant to a reduction of the invoice amount.

(2) No right of withdrawal for closed training courses

  • In the case of closed inhouse training courses or courses specially developed for a corporate client, there is no right of withdrawal.

(3) Cancellation for longer-term courses

  • In the case of courses lasting longer than six months, the contractual partner has the option to cancel for the first time with six weeks' notice to the end of the first six months, and thereafter to the end of each of the next three months.
  • This does not apply to pure e-learning offers.
  • In these cases, the fee shall be based proportionately on the term of the contract.

(4) Cancellation of the event by wilkon

  • If the capacity utilisation of a course does not reach the minimum number of participants specified for the course 10 days before the start of the course, wilkon may cancel the event at the latest 7 days before the start of the course (extraordinary cancellation).
  • Furthermore, wilkon reserves the right to cancel the course at short notice in case of illness of the instructor, as far as no adequate replacement from wilkon's own pool of trainers is available.
  • wilkon will immediately refund any payments already made.
  • Further claims of the contractual partner are excluded.

§ 10 Damage in transit

(1) Obvious transport damage

If goods are delivered with obvious transport damage, please complain about such faults immediately to the delivery person and contact us as soon as possible.

(2) Failure to make a complaint

Failure to make a complaint or to contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

§ 11 Liability

(1) Claims for damages by the contractual partner or the participant are excluded.

(2) Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by wilkon, its legal representatives or vicarious agents.

(3) Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, wilkon shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the participant or the contractual partner arising from injury to life, body or health.

(4) The restrictions of paragraphs 2 and 3 also apply in favour of wilkon's legal representatives and vicarious agents if claims are asserted directly against them.

§ 12 Final provisions

(1) German law shall apply.

(2) Agreements going beyond this contract must be in writing.

(3) Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Nueremberg / Germany (Nürnberg in Deutschland).

(5) The text of the contract shall be stored by wilkon and sent to you by email upon completion of the order. You can view the text of the contract at any timet wilkon-academy.com/en/cms/gtc or wilkon-academy.de/en/cms/gtc. Please keep these documents in a safe place. For organisational reasons, it is unfortunately not possible for us to send you the contract text again at a later date.

(6) The European Union has set up an online platform ("ODR platform") for the out-of-court settlement of consumer disputes. You can find the platform at: ec.europa.eu/consumers/odr/
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

Withdrawal policy for consumers registering via the Internet or by post / fax / email:

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons by means of a clear declaration (e.g. by letter, e-mail, fax or phone). The period begins after receiving these instructions in text form, but not before conclusion of the contract. The timely submission of your declaration, e.g. by sending the withdrawal, is sufficient to comply with the withdrawal period. The withdrawal is to be sent to: 

wilkon Akademie GmbH & Co. KG
Ulmenstraße 52d, 90443 Nürnberg
Email: booking@wilkon-academy.com
Fax: +49-911-477680-99

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you without delay, at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment as the one you used; unless expressly agreed otherwise with you. You will never be charged any fees because of this repayment.

If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. The period for the return of the course materials or the compensation owed by you begins for you with the submission of your declaration of withdrawal.

End of the withdrawal policy

 

To the sample withdrawal form (PDF)