Terms and Conditions

Your contractual partner for this service is Human Skills Group GmbH.

Human Skills Group GmbH
Terms and Conditions

1. Scope and definitions

1.1 For the business relationship between the Human Skills Group GmbH, Einsteinstraße 174, 81677 Munich, Germany (hereinafter: “Provider”) and the users (hereinafter: “User”) of the internet platform www.feedback2you.com (hereinafter: “Platform”), exclusively the following Terms and Conditions shall apply, in the version applicable at the time of the order of a Report or a Report & Coaching. Other conditions of the user will not be accepted, unless the provider has approved the same explicitly and in written form.

1.2 The user is a consumer as far as the purpose of the ordered products and services cannot be assigned to any commercial or self-employed professional activity of the same. In contrast, any natural or legal person or partnership with a legal capacity for which the closure of the contract is part of a commercial or self-employed professional activity is to be considered as an entrepreneur.

2. Conclusion of the contract

2.1 The presentation and promotion of reports and coaches on the platform does not represent a binding offer to conclude a sales contract for a feedback service.

2.2 The user can choose between different feedback services (e.g. “Full Report” or “Report & Coach”). Via the button “Order now”, the user sends a binding request to buy the selected feedback service and is bound to the order for the duration of two (2) weeks after placement of the order. Any existing right of cancellation of the order of the user according to paragraph 6 remains unaffected. Before sending the order, the user is able to look at the data and to modify the same at any time. However, the request can only be sent and transferred if the user accepts the conditions of the contract by clicking on the checkbox “Accept Terms and Conditions” and thus, includes the same into the request.

2.3 Thereupon, the provider sends the user an automatic acknowledgement of receipt via email, in which the order of the user is specified again and which the user can print by clicking on the “Print” button. This automatic acknowledgement of receipt serves only for documenting that the order of the user has been sent to the provider and does not represent any acceptance of the request. The contract cannot be considered as closed before the declaration of acceptance has been sent by the provider via a separate email (order confirmation).

2.4 Should the delivery of the feedback service not be possible, e.g. because a certain coach is unavailable on short notice, the provider is free to refrain from sending a declaration of acceptance. The user will be informed immediately and any payment the provider has already received will be reimbursed.

3. Prices

All prices indicated on the provider’s website include the applicable VAT. Furthermore, the price including VAT is specified once again in the order form before the user sends the order.

4. Payment methods

4. 1 The user effects payments in advance to the account indicated on the website or via credit card. Delivery of the feedback will not be authorized before the invoice has been fully paid by the user.

4.2. Payment of the full purchasing price is due immediately after closure of the contract.

4.3 The obligation of the user to pay default interests does not exclude further assertion for damage due to the delay which the provider might claim.

4.4 The user is not entitled to offset claims against the assertions of the provider, unless the counterclaims have been stated as legally binding, beyond dispute or issue from the same contractual relationship.

5. Liability

5.1 Claims for damages of the user are excluded. Exempted therefrom are claims for damages of the user arising out of death, injury to body or health or from the violation of substantial contractual obligations (cardinal obligations) as well as liability for other damages due to deliberateness or a gross negligence of the provider, legal representatives or assignees of the same. Substantial contractual obligations are such obligations the fulfillment of which is necessary for reaching the goal of the contract.

5.2 In the case of violation of substantial contractual obligations, the provider is liable only for damages typical for the contract and foreseeable if such damage was caused by simple negligence, unless the claims for damage of the user arise out of death or injury to body or health.

5.3 The limitations from sec. 1 and 2 also apply to legal representatives and assignees of the provider if such claims are asserted directly against such representatives and assignees.

5.4 The regulations of the product liability law remain unaffected.

6. Right of withdrawal

6.1 If the user is a consumer, he has a right of withdrawal according to the legal provisions.

6.2 If the user exercises the right of withdrawal according to sec. 1 and has already been provided with the feedback service, the user is obligated to compensate the provider.

6.3 Furthermore, with regard to the right of withdrawal of a consumer, the following regulations in the following version shall apply:

Cancellation terms

You have the right to cancel your contract request within 14 days in written form (e.g. by letter, fax, email) without giving reasons. The above mentioned period begins after reception of these cancellation terms in written form, but not before conclusion of the contract and not before we have fulfilled our informational obligations according to art. 246 § 3 together with § 1 sec. 1 and 2 EGBGB. It suffices to send the cancellation to the following address within the cancellation period:

Human Skills Group GmbH
Einsteinstraße 174
81677 Munich
Germany
Email: info@feedback2you.com

Consequences of the cancellation

In the case of an effective cancellation, the services both parties have received as well as possible uses thereof (e.g. interests) shall be reimbursed. If you are not able to give us the received services back or if you are only able to give it back partially or in deteriorated state, you have to compensate us for it.

This might lead to the situation that you have to fulfill your contractual payment obligations for the time period before the cancellation. Your right to cancellation expires ahead of time if the contract has been completely fulfilled per your request before you have exercised your right to cancellation.

End of the cancellation terms.
 
7. Data processing information

7.1 Upon execution of the contract, the provider collects data of the user. He respects in particular the regulations of the Bundesdatenschutzgesetz (German Data Protection Act) and the Telemediengesetz (German Broadcast Media Act). Without consent of the user, the provider collects, processes or uses basic or usage data of the user solely for the purpose of fulfillment of the contractual relationship as well as for the utilization and invoicing of broadcast media.

7.2 Without consent of the user, the provider will not use data of the user for the purpose of advertising or market and opinion research.

7.3 Moreover, regarding the consent of the user and further information regarding data collection, data processing and usage of data, we refer to the Human Skills Group GmbH privacy policy statement, which is at any time available in a printable version on the website of the provider by clicking on “Privacy Policy”.

8. Copyright

The provider holds the copyright for all images, videos and texts published on the platform. Utilization of the images, videos or texts without explicit consent of the provider is not authorized.

9. Final provisions

9.1 For contracts between the provider and the user, the law of the Federal Republic of Germany under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods shall be applicable. If the user has placed the order as a consumer and has a main residence in another country at the time of the order, the application of binding laws of this country remains unaffected by the law chosen in the first sentence.

9.2 Insofar as the user is a trader, a body corporate organized under public law or a legal entity under public law, the location of the provider is the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider. Moreover, for local and international jurisdiction, the applicable legal provisions shall apply.

9.3 In case of juridical inefficacy of some of its points, the contract remains binding in its remaining parts. In lieu of the ineffective parts, the legal provisions shall apply, as far as such provisions exist. Should this be of unreasonable hardship for one of the contractual parties, the contract as a whole shall be ineffective.