GTC (General Terms and Conditions)

Please read this page carefully before using the website.

General Terms and Conditions (AGB)

The General Terms and Conditions of Maxeiner & Nagel GmbH & Co KG are divided into two parts:

Part 1: Online store - at www.dieneuenhelden.de or The New Heroes Academy and the online store at www.theresa-maxeiner.de, www.dieneuenhelden-podcast.de

Part 2: Services commissioned outside the online store by individuals/companies (e.g. in-house seminars, coaching, speaking, consulting)

General Terms and Conditions - Part 1: Online Shop

1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders placed with the online store www.theresa-maxeiner.de, www.dieneuenhelden.de, www.maxeiner-online.com, www.dieneuenhelden-podcast.de of

Maxeiner & Nagel GmbH & Co. KG
Saalestraße 38
86916 Kaufering
Kaufering, Germany

represented by the managing partners:
Maxeiner & Nagel Verwaltungs-GmbH, Saalestraße 38, 86916 Kaufering, Germany

Augsburg Local Court, HRB 28255 (personally liable),
represented by the managing directors
Theresa Maxeiner and Detlef Nagel

Register court: Augsburg local court, HR 18027

VAT ID number: DE276374328

active.

E-mail: [email protected]

(2) The goods offered in our online store are aimed exclusively at buyers who have reached the age of 18.

(3) Our deliveries, performances, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby rejected.

(4) The contract language is exclusively German.

(5) You can view the currently valid General Terms and Conditions on the

website www.theresa-maxeiner.de and www.dieneuenhelden-podcast.de and print it out. 

2 Conclusion of contract
(1) The presentation of goods and services in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods or services in the online store.

(2) By clicking on the “Order now with obligation to pay” button, you submit a binding purchase offer (§ 145 BGB).

(3) The offer shall be accepted in writing or in text form or by sending the ordered goods or by providing a link or activating the content within one week. If this period expires without result, the offer shall be deemed to have been rejected.

(4) Upon receipt of an order in our Internet store, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided in our Internet store.

The order is placed in the following steps:

1) Selection of the desired service/goods
2) Confirm by clicking on the “Order” or “Book” or “Register” buttons
3) Check the details in the shopping cart
4) Click on the “Checkout” button
5) Log in to the online store after registering (e-mail address and password) or entering the buyer's address details
6) Re-check or correct the data entered.
7) Binding submission of the order by clicking on the “Order now with obligation to pay” or “Buy” button

Before submitting the binding order, the consumer can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details. We confirm receipt of the order immediately by means of an automatically generated e-mail (confirmation of receipt). This does not constitute acceptance of the offer (see (4)).

(5) Storage of the contract text for orders placed via our Internet store: We will send you the order data and our GTC by e-mail. You can also view the GTC at any time at http://www.dieneuenhelden-podcast.de/agb. For security reasons, your order data is no longer accessible via the Internet.

3 Prices, shipping costs, payment, due date
(1) The prices stated on the product pages of the online store include statutory VAT and other price components and do not include the respective shipping costs for physical goods.

(2) Payment is currently made either by credit card or Paypal.

(3) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account will actually be debited when we dispatch the goods to you.

(4) In the case of payment by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank account details provided by you.

(5) If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the prime rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

4 Delivery of physical goods
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery will be made within 5 working days at the latest. In the case of payment in advance, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer and for all other payment methods on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.

(2) The risk of accidental loss and accidental deterioration of the item sold shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by dispatch.

5 Provision/delivery of services/cancellation by the customer
(1) We will inform you within 5 days of your booking of a service (seminar or coaching) whether the appointment will take place as planned and confirm or cancel the appointment or your participation. In the case of payment in advance, the period for confirmation/cancellation begins on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline shall end on the next working day.

(2) If we have to cancel your participation directly after your booking due to a possible overbooking of the date or similar. We will initiate a refund of your payment within 5 days. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

(3) When booking an online offer, the service is delivered by providing a link. This can be activated by you and enables you to view the content.

(4) It is the customer's responsibility to provide suitable software that enables the files and content to be opened, edited and printed properly.

(5) Coaching appointments ordered by the customer can be canceled by the customer at any time. Insofar as no individual contractual regulation of cancellation costs exists, the following guidelines shall apply:

Cancellation date | Cancellation costs

Earlier than 24 hours before the start of the measure -> None

From 24 hours before the start of the event -> 50% of the agreed costs

From the start of the measure -> 100% of the agreed costs

(6) Seminar participations ordered by the customer for an agreed period of time can be canceled by the customer at any time. Insofar as no individual contractual regulation of cancellation costs exists, the following guidelines shall apply:

Cancellation or postponement date -> Costs

up to 20 working days before the start of the event -> None

up to 10 working days before the start of the event -> 50% of the agreed costs

less than 10 working days before the start of the measure -> 100 % of the agreed costs

(7) If an appointment has to be postponed at the request of the client, the client shall pay a processing fee amounting to 20% of the fee for the service planned for the appointment plus the costs incurred.

(8) If an appointment for the provision of services by the Consultant cannot be kept due to force majeure, illness, accident or other circumstances for which the Consultant is not responsible, the Consultant shall be entitled to make up the services on a new date to be agreed, to the exclusion of any liability for damages.

6 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full. When booking a seminar or coaching, we reserve the right to make the date available to another customer and to suspend your participation until full payment has been received. We will only provide you with an active link for a web offer you have ordered after receipt of payment.

7 Offsetting/right of retention
(1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

8 Right of withdrawal of the customer as a consumer
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity:

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without providing any reason.
The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us at:

Maxeiner & Nagel GmbH & Co. KG
Saalestraße 38
86916 Kaufering
Germany
Email: [email protected]

by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the standard, most cost-effective one offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal.

We will use the same payment method that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.

For physical goods, we may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

If you requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the portion of the services already provided up to the point at which you notified us of your withdrawal, in relation to the full scope of the services agreed in the contract.

Exceptions to the Right of Withdrawal

1. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, or to the delivery of sealed audio or video recordings or computer software if the seal has been removed after delivery, or after the use of a booked and completed coaching or seminar session.
2. According to § 356 (5) of the German Civil Code (BGB), the right of withdrawal expires in the case of a contract for the delivery of digital content not supplied on a physical data carrier if the performance of the contract has begun after the consumer has expressly agreed that the entrepreneur may begin execution of the contract before the end of the withdrawal period and has acknowledged that by giving this consent they lose their right of withdrawal.
3. Please avoid damage and contamination. If possible, return the goods in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage and avoid claims for compensation due to damage caused by inadequate packaging.
4. Please note that the procedures described in section 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

 9 Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

To:
Maxeiner & Nagel GmbH & Co. KG
Saalestraße 38
86916 Kaufering
Germany
Email: [email protected]

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ():

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if submitted in paper form):

Date:

(*) Delete as applicable.

10 Contract language
The contract language is exclusively German.

11 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is one year - in deviation from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. 

(3) In all other respects, the statutory provisions shall apply to the warranty.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:

(a) Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

(b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.

(c) In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

(d) If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.

(e) The warranty period is one year from delivery of the goods.

12 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.

(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

13 Copyright and rights of use
(1) All digital content and documents provided by the seller are protected by copyright.

(2) Unless otherwise stated in the offer, the customer acquires a simple, non-transferable right of use for an unlimited period of time exclusively for non-commercial use. The customer is not granted any exploitation rights. In particular, the customer may not distribute the purchased titles - either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction that are exclusively for personal use.

(3) The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.

(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.

(5) The seller is entitled to individually personalize digital content provided for download with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of misuse.

(6) In the event of unauthorized use of the digital content by the Buyer or a third party, the Buyer undertakes to pay a contractual penalty of at least EUR 10,000 per act of infringement.

14 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) German law shall apply exclusively to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be the registered office of Maxeiner & Nagel GmbH & Co.

Copyright: This part 1 of the GTC has been adapted and is based on a sample from HÄRTING Rechtsanwälte, www.haerting.de, [email protected] Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 and the free GTC from agb.de.

Part 2: Services commissioned outside the online store by individuals/companies (e.g. in-house seminars, coaching, speaking, consulting)

1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders that you place with

Maxeiner & Nagel GmbH & Co.KG
Saalestraße 38
86916 Kaufering
Kaufering, Germany

represented by the managing partners:
Maxeiner & Nagel Verwaltungs-GmbH Saalestraße 38, 86916 Kaufering

Augsburg Local Court, HRB 28255 (personally liable),
represented by the managing directors
Theresa Maxeiner and Detlef Nagel

Register court: Augsburg local court, HR 18027

VAT ID number: DE276374328

issue.

2 Drafting of contracts
(1) The conclusion of contracts between the Client and Maxeiner & Nagel GmbH & Co. KG regarding the services to be provided by both parties as well as amendments and/or supplements thereto must be made in writing.

(2) Contracts shall contain information on the type and scope of the order, the responsible contact person at the Client, the remuneration and other agreements applicable to the order.
(3) These Terms and Conditions, which are attached to the contracts, shall apply in addition. These terms and conditions shall take precedence over any conflicting general terms and conditions of the client.

 3 Order processing
(1) The order shall be processed in accordance with the project and procedure planning jointly agreed between Maxeiner & Nagel GmbH & Co.KG and the Client

(2) Maxeiner & Nagel GmbH & Co. KG provides services in particular in the form of training seminars, lectures and consulting. An individual assessment of participants shall not take place.

(3) The Client acknowledges that the decision on and implementation of all steps and measures discussed during the consulting and training process are his own responsibility.

(4) Maxeiner & Nagel GmbH & Co. KG provides its services through employees and/or freelancers.

(5) If parts of the execution of the order are to be commissioned by the Client to third parties, Maxeiner & Nagel GmbH & Co. KG shall be commissioned to coordinate these orders in order to achieve agreement with the conceptual requirements.

(6) The Client shall inform Maxeiner & Nagel GmbH & Co. KG on an ongoing basis before and during the execution of the agreed order of all circumstances that are of significance for the preparation and execution of the order. A responsible contact person shall be named by the Client.

(7) Unless otherwise contractually agreed, the Client shall be responsible for organizing the agreed services (premises, catering, accommodation, etc.) and for providing the material prepared by Maxeiner & Nagel GmbH & Co. KG (e.g. handouts, scripts, etc.).

(8) Services ordered by the Client in terms of time and content can be canceled by the Client at any time. Insofar as there is no individual contractual regulation of cancellation costs, the following guidelines shall apply:

Cancellation or postponement date -> Costs

up to 20 working days before the start of the measure -> None

up to 10 working days before the start of the measure -> 50% of the agreed costs

less than 10 working days before the start of the measure -> 100 % of the agreed costs

(9) If an appointment has to be postponed at the request of the client, the client shall pay a processing fee amounting to 20% of the fee for the service planned for the appointment plus the costs incurred.

(10) If an appointment for the provision of services by the Consultant cannot be kept due to force majeure, illness, accident or other circumstances for which the Consultant is not responsible, the Consultant shall be entitled to make up the services on a new date to be agreed, to the exclusion of any liability for damages.

4 Terms of payment
(1) A daily fee is agreed for the consultancy service, which serves as the basis for calculating the total costs. After consultation with the client, additional costs may be incurred, e.g. preparation and follow-up costs, material costs, license costs, technical assistance.

(2) Travel and accommodation costs shall be charged separately. Travel time shall not be invoiced.

(3) All services are subject to statutory value added tax.

(4) Costs incurred and invoiced are to be paid immediately after the service has been provided without deduction.

(5) Rights of set-off and retention against due payment claims are excluded.

5 Liability
Maxeiner & Nagel GmbH & Co. KG shall only be liable to the Client within the scope of the statutory provisions for damage caused by it intentionally or through gross negligence. Any further liability is excluded.

 6 Advertising
The Client and Maxeiner & Nagel GmbH & Co. KG are entitled to refer to their cooperation for advertising purposes, unless otherwise agreed.

7 Confidentiality / ownership of documents / data protection
(1) Maxeiner & Nagel GmbH & Co. KG shall treat all operational matters that become known in the course of the cooperation as confidential and shall not disclose them to third parties - including its own employees who are not involved in the respective subject matter. It shall also impose this obligation on employees or subcontractors.

(2) The Client acknowledges the Consultant's copyright to the works created by the Consultant (training documents etc.). Any reproduction and/or distribution of the aforementioned works by the Client shall require the prior written consent of Maxeiner & Nagel GmbH & Co.KG c.

(3) Maxeiner & Nagel GmbH & Co. KG shall be entitled to subsequently offer its services to competitors of the Client, unless otherwise agreed.

(4) The Client warrants that the works provided by him for the execution of the order do not conflict with any copyrights or other rights.

8 General provisions
(1) The law of the Federal Republic of Germany shall apply.

(2) The exclusive place of jurisdiction for all claims arising from the contract associated with these General Terms and Conditions and these Terms and Conditions is the registered office of Maxeiner & Nagel GmbH & Co. KG if the Client has no general place of jurisdiction in Germany or the Client moves its registered office or usual place of residence outside the area of jurisdiction of the Code of Civil Procedure after conclusion of the contract or its registered office or usual place of residence is not known at the time the action is brought.

(3) The invalidity of an individual provision of these General Terms and Conditions shall not affect the validity of the remaining provisions. Should a provision prove to be invalid, it shall be replaced by a new agreement that comes as close as possible to the legal and economic success of the invalid clause.

(4) The Client and Maxeiner & Nagel GmbH & Co. KG are authorised to use data relating to the order and to store it on data carriers of any kind.

 9 Final provisions
These General Terms and Conditions apply exclusively. No other GTC have been agreed.

Status of the GTC April 2023