Terms and Conditions of Business of the German Association of the Automotive Industry – Quality Management Centre (VDA QMC) for Internet Orders of VDA QMC Catalogue Items, Seminar Attendance and Event Registrations.
By ordering goods, seminar attendance or entrance to an event, the Customer agrees to VDA QMC’s General Terms and Conditions of Business for Internet sales as set out below.
Orders for Catalogue Items
1. A contractual relationship is established exclusively between Customer and VDA QMC in respect of the goods to be supplied following the acceptance of the Order by VDA QMC. The contract is concluded by the customer clicking the “Confirm Order” button on the Internet to end an interactive order transaction. The VDA accepts no responsibility for the accuracy of the data displayed on its Internet presence.
2. VDA QMC reserves the right to change the contents of its Webshop Catalogue at any time without notice.
3. Stock Levels available for Internet Orders are updated at regular intervals. In the event that VDA QMC is unable to supply part or all of Customer’s Order within VDA QMC’s normal lead time, VDA QMC will notify Customer and offer to cancel, and credit the cost of, that part of the order.
4. Umsatzsteuer (V.A.T.) will be added to the prices of all goods for delivery within Germany. Umsatzsteuer will be added to the prices of all goods for delivery elsewhere within the European Union unless Customer has provided his valid V.A.T. Registration Number.
5. Online orders may be paid for at time of order via the Internet-provider PayPal (Europe) Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, TW9 1EJ, UK, which is mandated by VDA QMC accordingly. A link to PayPal’s website is activated by the button “Confirm Order”. Payment is then executed according to PayPal’s business conditions which are available on PayPal’s Web site.
6. Customers for whom a credit account is held at VDA QMC may request that the invoice be rendered directly to the account address. All goods remain the property of VDA QMC until full payment has been received.
7. Goods will be despatched from stock for delivery to the Delivery Address shown in the Order. Customer will specify within each Order whether “Normal” or “Express” delivery is required; the appropriate Freight Charge will be added to the invoice.
8. VDA QMC will credit in full or exchange any goods returned by Customer and received by VDA QMC within two weeks after VDA QMC’s documented Despatch Date provided (i) the goods are clearly unused and in perfect condition, (ii) the original invoice plus the reason for return accompany the returned goods, and (iii) in the case of a CD, that its seal remains intact.
Seminar Applications
1. The Webshop allows Customer to register to attend a scheduled Seminar.
2. For certain Seminars VDA QMC needs to be satisfied that the applicants have acceptable professional qualifications or practical experience in the subject area to qualify for attendance.
3. If Customer’s written cancellation is received by VDA QMC before the scheduled date of the Seminar, a Cancellation Fee will be payable by Customer to VDA QMC as follows.
6 Weeks before the scheduled date ……………. Nil
4 to 6 Weeks before the scheduled date ………… 25% of the Seminar Fee
2 to 4 Weeks before the scheduled date ………… 50% of the Seminar Fee
For all other cancellations and non-arrivals 100% of the Seminar Fee will be charged.
4. Dependent on the number of applications received, VDA QMC reserves the right to cancel or reschedule any Seminar at any time not later than fourteen days before its scheduled date. Seminar places will be confirmed not later than fourteen days before the scheduled date. An invoice for the full cost of attendance, together with any agreed additional charges and taxes will be rendered to Customer’s account address at that time for immediate payment. Payment in full must have been received by VDA QMC no later than three working days prior to the start of the Seminar.
VDA QMC Events
1. The Webshop allows Customer to purchase tickets to attend the Event.
2. A contractual relationship is established exclusively between Customer and VDA QMC in respect of attendance at the Event following acceptance by VDA QMC of an order. The contract is concluded by the customer clicking the “Confirm Order” button on the Internet to end an interactive booking transaction. VDA QMC accepts no responsibility for the accuracy of the data displayed on its Internet presence.
3. VDA QMC reserves the right to effect programme changes relating to the Event.
4. Online orders may be paid for at time of order via the Internet-provider PayPal (Europe) Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, TW9 1EJ, UK, which is mandated by VDA QMC accordingly. A link to PayPal’s website is activated by the button “Confirm Order”. Payment is then executed according to PayPal’s business conditions which are available on PayPal’s Web site.
5. Customers for whom a credit account is held at VDA QMC may request that the invoice is to be rendered directly to the account address.
6. There is no fundamental right of refund for the tickets. If a refund for entrance tickets is to be made because of cancellation of the Event, the tickets may be returned for a refund of the purchase price no later than two weeks after the planned date of the Event. In the event that tickets have to be returned, any tickets purchased online via the VDA QMC website should be returned to the following address by post: VDA QMC, An den Drei Hasen 31, 61440 Oberursel, Germany.
7. If VDA QMC despatches Event tickets as requested, Customer bears the risks implicit in the delivery process. VDA QMC is not responsible for replacing an entrance ticket in such cases, nor if a ticket is lost by its owner.
8. Customer or ticket-holder notes that audio and video recordings may be made by or on behalf of the organiser at any time and explicitly agrees to this by purchasing the Event ticket. Customer also agrees to these images being broadcast.
9. In the event of violations of these Terms and Conditions of Business, the Event organiser or site operator reserves the right to remove ticket-holders from the site or bar them from entry to the site.
General
VDA QMC accepts Customer’s order on these Terms and Conditions, Webshop data errors and omissions excepted.
VDA QMC has unlimited liability in the event of intent. If material contractual obligations have been infringed, liability is also unlimited in the case of gross negligence. If only immaterial contractual obligations have been infringed in the case of gross negligence, liability is limited to the immediate average loss typical for such contracts. Liability is limited to the same extent in the event of slightly negligent infringements of material contractual obligations. VDA QMC is not liable in the event of slightly negligent infringements of immaterial contractual obligations. Where VDA QMC has no or only limited liability, this also applies to the liability of any assistants or vicarious agents engaged. VDA QMC is not liable for problems caused by circumstances beyond its control. This applies in particular to impairments which are attributable to failures or faults in the telecommunications network and power supply.
Customers’ personal data are collected, processed and used in compliance with Germany’s Data Protection Act in an automated process to the extent required for performance of the contract.
Frankfurt am Main is the agreed legal venue for any disputes arising from the purchases made via the Internet. Frankfurt am Main is also the place of performance. German law shall apply exclusively. |
