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Birgit Werner Foundation

PO Box 103

45722 Waltrop

Telephone: +49 176 811 534 58

Email: info@birgitwernerstiftung.de

Website: www.birgitwernerstiftung.de

Board of Directors: Karl-Heinz Werner, Chairman
Reante Werner, Deputy Chairwoman

Headquarters: Würzburg

Tax number: 257/147/66646

Conditions

Terms and Conditions
Status: 03/01/2022

these conditions

(1) This website (the "Site") and/or the Services, including any related mobile applications (collectively: the "Services") and any offerings and bookings of events that we organize and/or market in connection with the relevant Services ("Events" and the booking of such events: the "Event Booking") via the Site is owned and operated by the Birgit Werner Foundation (hereinafter also: "we", "us" and "our" ). These terms and conditions (“Terms”) set out the terms under which visitors or users (collectively: “Users” or “you”) may visit or use the Site and/or the Services and book events.

(2) By accessing or using the services, you agree to the terms and agree to them with binding effect. If you do not agree to all of the Terms, do not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or booking any Events. These terms tell you who we are, how to book and cancel events and what to do if you have a problem.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and book Events. Minors must have parental or legal guardian approval to use the Services or to book events.


event bookings

Event bookings, pricing

(1) You can make event bookings to attend various types of events that we offer through our Site or our Services.

(2) Some of the events listed on our site or in our services are chargeable. When you make a payment on our Services, you agree that: (i) you are responsible for reading the full listing for the event before committing to booking it; (ii) you enter into a legally binding contract to book an Event when you complete the booking process.

(3) You can select the events you want to book and collect them in a shopping cart by making the appropriate selection (e.g. events, date) and clicking the relevant button. Our prices are listed on the Site or in the Services. We reserve the right to change our quoted event prices at any time (provided that you will only be charged the amount you agreed to prior to the price change) and to correct any inadvertent pricing errors with future effect. Further information on pricing and sales tax (VAT)/Value Added Tax (VAT) at the applicable rate and other applicable taxes, fees or charges is available on the Site during the booking process. As a non-profit association, we are tax-exempt and therefore do not report VAT.

(4) Before you click on the "Order with obligation to pay" button, all the events you have selected, including the total price, will be displayed again in a booking summary. You can then identify and correct any input errors before you issue your final, binding booking order. By clicking on the "Book with obligation to pay" button, you place a binding order for booking an event on the selected date. However, the order can only be placed and transmitted once you have accepted these conditions by clicking on the appropriate box and thus included them in your booking order.

(5) We will then send you an automatic acknowledgment of receipt for your booking order by e-mail, in which your booking order is listed again and which you can then print out or save using the appropriate function. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet represent our acceptance of this order.

(6) The legally binding agreement on booking the events is only concluded when we send you a confirmation e-mail. We reserve the right not to accept your order. This does not apply where we offer a payment method - and you choose that payment method for your order - that initiates a payment transaction immediately (z. B. electronic transfer or real-time transfer via PayPal Giropay, Paydirekt). In this case, the legally binding contract is deemed to have been concluded when you have initiated the booking process, as described above, using the "Book with obligation to pay" button.

(7) The sales contract can be concluded in [German] language. After the conclusion of the contract, the contract conditions are stored with us, you then no longer have access to them.

Storage of online payment details

You can save a preferred payment method for the future. In this case, we store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

confirmation process

Please note that access to the event can only be granted after confirmation via our services and that access to certain events may require personal identification.

Refunds are not subject to cancellation protection

Events may occasionally be canceled due to events beyond our control, such as natural disasters. In these cases you will receive a refund.

right of withdrawal

(1) You have no right of cancellation if and to the extent that your event bookings made through the Site or the Services relate to events that are scheduled for a specific date or period and are not held online and are um 

  • cultural events, such as concerts, theater, exhibition

  • Educational events, such as workshops and guided tours

(2) You have a right of withdrawal for event bookings that do not fall under the above exclusions. The following guide will inform you about your

right of withdrawal.


You can revoke this contract within 14 days without giving a reason.


The cancellation period expires 14 days after the conclusion of the contract.


In order to exercise your right of withdrawal, you must inform us

Birgit Werner Foundation, PO Box 103, 45722 Waltrop

Email address: info@birgitwernerstiftung.de,

inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter by post or e-mail). You can (but do not have to) use the attached withdrawal form for this.

In order to meet the cancellation period, it is sufficient for you to send your communication regarding the exercise of your right of cancellation before the cancellation period has expired.

Consequences of revocation

If you withdraw from this contract, we will reimburse you - without undue delay and in any case no more than 14 days after receipt of the notification of your withdrawal - for all payments already received from you, including delivery costs (excluding the additional costs incurred for one of you desired delivery method that deviates from the cheapest standard delivery offered by us). We will make such a refund using the same form of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such a refund.


If the desired start of the service is within the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided (in relation to the total scope of the services provided for in the agreement) at the time you informed us about the exercise of the right of cancellation informed in relation to this Agreement.

(3) If you have a right of withdrawal, you can use the following withdrawal form to exercise this right. However, this is not absolutely necessary.

withdrawal form

(Only fill out and return this form if you wish to withdraw from the contract)

— To Birgit Werner Foundation, Postfach 103, 45722 Waltrop, telephone number: +49 176 811 534 58, e-mail address:info@birgitwernerstiftung.de


— I/we (*) hereby inform you that I/we (*) withdraw from my/our (*) contract for the provision of the following services


— Ordered on (*)/received on (*)


— Name of customer(s).


— Address of the customer(s).


— Signature of the customer(s) (only if this form is sent in paper form)


- Date

_______________


member account

​(1) In order to access and use certain areas and features of our site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your member account.

(2) If a person other than yourself accesses your member account and/or your settings, they can take all actions available to you and e.g. B. Make changes to your member account. Therefore, we strongly advise you to keep your member account login details safe. Such activity may be deemed to be for and on your behalf, and you shall be solely responsible for such activity, whether or not expressly authorized by you, which occurs under your member account and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you have negligently enabled the use of your Member Account by failing to take reasonable care to protect your login information.

(3) You may create and access your member account through a dedicated website or through a third party platform such as Facebook (the "Social Network Account"). If you log in using a third-party platform account, you hereby give us access to certain information about you stored on your social network account.

(4) We may permanently or temporarily block or suspend your access to the member account without liability to you in order to protect us, our site and our services or other users, for example if you violate any provisions of these Terms or applicable law or regulations in connection with your use of the Site or your Member Account. This may be done without notice if circumstances require immediate action; in this case we will inform you as soon as possible. In addition, we reserve the right to terminate your membership account upon two months' notice by email if, for example, we discontinue our membership account program. You can stop using it and request the deletion of your member account at any time by contacting us.

Permitted Use

(1) Our services are made available to you for informational purposes and only for private, non-commercial use. When using our Services, you must comply with these Terms and all applicable laws.

(2) Except as expressly permitted by these Terms, do not: (i) use our Services in any unlawful or fraudulent manner (including to violate the rights of any third party) or for any purpose to collect personally identifiable information or impersonate other users to spend; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related functions of our Services; (iii) use our Services in any way to manipulate or distort any content or undermine the integrity and accuracy of any content, or take any action to disrupt, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not meet our content standards; (v) use our Services to deliver, or facilitate the delivery of, any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data, or upload data to our Services, that contains any virus, trojan horse, worm, time bomb, keystroke logger, spyware, adware or any other harmful program or similar computer code that could damage the operation of any computer software or hardware (vii) use any robot, spider, other automatic device, or manual process to monitor or copy our website or other web pages, or the content contained in our Services, or use network monitoring software to discover the architecture of our Services, or extract usage data from our services; (viii) engage in behavior that restricts or inhibits other users from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in our investigation of any activity that violates these Terms, allegedly or in fact.

Intellectual Property Rights

(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials , products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress and interactive features and all intellectual property rights therein are either owned or licensed by us (collectively, "our Intellectual Property Rights") and none of the Wording in these Terms grants you rights in relation to our intellectual property rights. Except as expressly provided herein or as required by mandatory law for use of the Services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these Terms are expressly reserved.

(2) If the events involve the use of digital content such as music or videos, e.g. B. require or include in connection with online webinars, you are granted the rights as set out in relation to such events on the Site.

Disclaimer of Warranties for Use of the Site and Services

The Services, our intellectual property rights and all information, materials and content related thereto and made available free of charge to users are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose). purpose or warranties related to the security, reliability, timeliness, accuracy, and performance of our Services, u. a.) excluding cases of malicious non-disclosure of defects. We do not warrant that Free Services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates.

exemption

You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to your use of the Site and the Services in violation of these Terms, including but not limited to any use in violation of the restrictions and requirements set forth in the "Acceptable Uses" section, unless such circumstances are not your fault.

Limitation of Liability

(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of a material contractual obligation, and only in the case of paid services or services offered. A “Material Contractual Obligation” means an obligation, the fulfillment of which is a fundamental condition for the proper performance of the Agreement and which you normally rely on and can reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of a customary and foreseeable damage for this type of contract. Our liability according to the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.

(2) The above provisions apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as liability from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.

Changing the Terms and the Services; Attitude

We reserve the right to change these Terms from time to time, in our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise advance our business. Therefore, you should review these Terms on a regular basis and in any event during the booking process when making an event booking. The new terms will apply to any new order you place after the effective date of the new terms. If any ongoing Services you use are affected by the changes to the Terms, we will do so with due regard to your legitimate interests. We will inform you of such changes well in advance. You will be deemed to have accepted the changes if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligation to you - which will take effect on the effective date of the changes.


We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services ourselves, permanently or temporarily, for any reason and without any further obligation. We will give you sufficient notice in advance where practicable under the circumstances and give due consideration to your legitimate interests in taking such action.

Links to Third Party Sites

The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked website. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not mean that we endorse their owners or their content.

Applicable Law

(1) These Terms shall be governed by the laws of the [Federal Republic of Germany] (without regard to conflict of law provisions) and shall be construed accordingly.

(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we have no obligation to resolve consumer disputes through alternative dispute resolution bodies.

VARIOUS

(1) No waiver by either party of any breach or default under these Terms shall constitute a waiver of any prior or subsequent breach or default.

(2) The headings used in these terms are for better understanding only and have no legal significance.

(3) Except as expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that that part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full effect.

(4) You may not assign your agreement with us under these Terms or any or all of your rights or obligations under this Agreement without our prior written consent.

(5) These Terms constitute the entire Agreement and supersede any prior written or oral agreements between you and us relating to the Services and Event Bookings.

(6) The provisions of these Terms which by their nature are intended to survive such action by us shall survive, including without limitation provisions relating to indemnities, indemnities, disclaimers, limitations of liability and this Miscellaneous Section.

Contact

To contact us, please send an email to:

Name: Birgit Werner Foundation

Address: PO Box 103, 45722 Waltrop

Email: info@birgitwernerstiftung.de

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