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General Terms & Conditions

Version: June 2025 

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1. Scope
These General Terms and Conditions (GTC) apply to all contracts concluded between Auerbach Consulting GmbH., Dr. Franz-Rehrl-Platz 4c/28 (hereinafter referred to as "we" or "us") and the customers (hereinafter "you" or "your") via the website www.auerbach.at (hereinafter "website") for the booking of information, training, and consulting services. The GTC form an integral part of all such concluded contracts or other legal declarations with business partners.

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2. Conflicting Terms
Deviating or supplementary terms shall only apply if we have expressly agreed to them in writing.

 

3. Non-Binding Nature
By submitting an booking, you are making a binding offer. We are entitled to accept this offer within 30 days. A contract is only concluded when we explicitly accept the offer. An acknowledgment of receipt does not constitute acceptance of the offer.

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4. Subject Matter of the Contract
Via our website, we offer you the opportunity to book various information, training and consulting services on different topics. These events are conducted either by us or by external parties. The specific content, dates, prices, and technical requirements can be found in the respective training descriptions on our website.

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5. Conclusion of the Contract
The presentation of consulting and training services on our website does not constitute a legally binding offer but is a non-binding invitation to order. You can select the desired events and place them in the shopping cart. To complete the order process, click on the "Select date and book" button. You can then enter your personal data and choose a payment method. Before submitting your order, you will have the opportunity to review and edit your information. By clicking on the "Book" button, you submit a binding order for the selected online information events. You will receive an automatic email confirming receipt of your order. This does not yet constitute acceptance. The contract is only concluded once we send a separate email confirming your booking and providing access details.

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6. Right of Withdrawal
If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason in accordance with §§ 3, 3a of the Austrian Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG). The withdrawal period is fourteen days from the date of contract conclusion. To exercise your right of withdrawal, you must inform us of your decision to withdraw via a clear statement (e.g., letter by post, fax, or email). No specific form is required. Sending the withdrawal notice before the deadline is sufficient.

If you withdraw from this contract, we will refund all payments received from you promptly and no later than fourteen days from the date we receive your withdrawal notice. We will use the same payment method you used unless otherwise agreed; in no case will you be charged fees for the refund.

If you attend the booked session during the withdrawal period, we will charge for the service rendered.

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7. Prices and Payment Terms
Prices shown on our website are final prices including statutory VAT. Payment can be made by credit card, PayPal, or instant bank transfer. Payment is due immediately upon contract conclusion. In the event of default, we are entitled to charge 4% interest per annum. We reserve the right to withhold services or withdraw from the contract in the event of payment default. The stated price applies per individual event.

If your name and that of the credit card holder differ, we may reject the offer within 10 days of submission. In any case, you are obligated to pay the full amount if the third party's payment is made fraudulently or not with debt-discharging effect, regardless of further claims for damages.

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8. Conduct of information, training, or consulting services 
We provide results and solutions digitally, via electronic formats. You are responsible for your own technical setup and internet connection. We accept no liability for technical issues or failures outside our control. 

Unforeseen circumstances beyond our control that prevent regular delivery of the services (force majeur events) entitle us to cancel without liability.

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9. Liability

We disclaim liability for indirect or consequential damages, loss of profit, pure financial loss, interest loss, and damages arising from third-party claims.

Moreover, liability for slight negligence is excluded. For consumers, liability is limited to intent and gross negligence. For business clients, the same limitation applies. We are not liable for damages resulting from following third-party recommendations, even if these are listed on our site.

Any damage claims are in any case limited to the value of the purchase price. We do not guarantee that there are no similar or more affordable services on the market. 

 

10. Limitation Period / Exclusion of Claims
Unless a shorter statutory or contractual limitation or exclusion period applies, all claims expire if not asserted in court or acknowledged in writing within one year from the date the entitled party becomes aware of the damage and the liable party or the event causing the claim.

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11. Data Protection
We process personal data in accordance with our privacy policy and all applicable legal regulations. Our website uses cookies. During events, image, audio, and video recordings may be made. By registering, you expressly agree that such recordings in which you may be visible may be used for informational and promotional purposes (e.g., in mailings, on the website, social media). For details, refer to our privacy policy.

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12. Final Provisions, Governing Law, Jurisdiction

  • Alternative Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR) at: www.ec.europa.eu/consumers/odr. There is no obligation to participate in a dispute resolution procedure before a consumer arbitration board.

  • Severability Clause: If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision with one that most closely reflects its economic intent.

  • Place of Performance, Jurisdiction, Applicable Law: The place of performance for all obligations is the service provider’s location. Unless a mandatory jurisdiction applies, the court with jurisdiction over Salzburg, Austria, shall have exclusive competence for all disputes arising from the business relationship. Austrian law applies exclusively, excluding conflict of law rules—even in cross-border cases.

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