The General Terms and Conditions (GTC) set out here apply in the event that the Institute or its project company is commissioned.
The GTC concern
A. Contract-related research and consulting services
B. Training and seminar events
C. Purchase of our publications (e.g. studies), services or participation authorizations for events (e.g. webinars) in the webstore.
A. GTC for research and consulting services
§ 1 Scope of application / scope of services
1.1 The object of the order is the agreed research and consulting activity specified in the contract, not the achievement of a specific economic success. Purple Storm shall be entitled to use the services of experts to carry out the order.
1.2 Upon request, Purple Storm shall provide the client with the necessary information on the status of the execution of the order and render account in an appropriate form of the execution of the order, in particular with regard to the course and results of its activities. Purple Storm shall only prepare detailed written reports, in particular for submission to third parties, if this has been agreed separately.
1.3 The client’s terms and conditions shall only apply if this has been expressly agreed in writing.
§ 2 Mutual cooperation
2.1 The parties undertake to cooperate with each other in a spirit of mutual trust. They shall inform each other immediately of all circumstances that are of significance for the implementation of the project.
2.2 Purple Storm shall carry out all work with the utmost care.
2.3 The client shall provide all information, documents and data required for the execution of the order. The data provided by the Customer or third parties shall be checked by Purple Storm for plausibility; Purple Storm shall not be liable for the accuracy of such data.
§ 3 Confidentiality
Purple Storm is obliged to maintain secrecy about all information of a confidential nature that becomes known to Purple Storm in connection with its work for the Client, in particular about business and trade secrets, and not to disclose this information to third parties without the written consent of the Client.The obligation to maintain confidentiality shall also apply beyond the termination of the order.
§ 4 Terms of payment
4.1 All claims for fees or reimbursement of expenses are due within 14 days of invoicing and payable immediately without deductions. All prices are subject to statutory value added tax.
4.2 Set-offs or retentions against Purple Storm’s claims shall be excluded unless there are undisputed or legally established counterclaims.
4.3 In the event of default in payment, interest shall be charged on the arrears at a rate of 3% above the respective discount rate. The right to claim further damages caused by default shall remain unaffected.
§ 5 Warranties
5.1 Purple Storm offers a warranty for its services to be provided in accordance with the contract, insofar as these have defects for which it is responsible within the scope of its duty of care.Warranty claims can initially only be asserted in the form of rectification.
5.2 If the rectification of defects fails, the client may also demand a reasonable reduction of the remuneration or rescission of the contract. For further claims for damages, § 6 shall apply.
5.3 The client must assert claims for the rectification of defects immediately in writing. Warranty claims shall expire six months after completion of the work.
§ 6 Liability
6.1 Purple Storm shall be liable for damages caused by it or its employees intentionally or through gross negligence.
6.2 In cases of slight negligence, liability shall only exist in the event of a breach of material contractual obligations and shall be limited to the amount of the fee.
§ 7 Intellectual property
7.1 The Client shall use the reports, organization charts, drawings, calculation systems, calculations and the like prepared by the Contractor within the scope of the order only for the purposes agreed within the scope of the order and shall not pass them on to third parties or publish them without Purple Storm’s written consent. Any copyrights of Purple Storm to these work results shall remain unaffected.
§ 8 Force majeure
8.1 Events of force majeure that make performance significantly more difficult or temporarily impossible shall entitle the respective party to postpone the performance of its services for the duration of the hindrance and a reasonable start-up period. Labor disputes and similar circumstances shall be deemed equivalent to force majeure insofar as they are unforeseeable, serious and without fault.
§ 9 Miscellaneous
9.1 German law shall apply exclusively to all claims arising from this contract.
9.2 Amendments and additions to these terms and conditions or the contract must be made in writing and must be expressly identified as such.
9.3 If individual provisions of these terms and conditions or of the contract are invalid, this shall not affect the validity of the remaining provisions.
9.4 The place of jurisdiction for all disputes arising from the contract is the place of the legal domicile of the project company, provided that the order was placed by a registered trader within the scope of his commercial business, a legal entity under public law, a regional authority or a special fund under public law.
B. GTC for training and seminar events
The GTC Part B. refer to physical face-to-face events and to events held online on the Internet, conducted synchronously as webinars/video conferences or presented asynchronously as video recordings.
§ 1 General terms and conditions
1.1 By registering for our event, you agree to the validity of the following terms and conditions.
Deviating regulations require confirmation in text form.
1.2 Intellectual property and copyright of Purple Storm apply to information and knowledge modules of all kinds made available for use. Commercial re-utilization of Purple Storm content by the customer is not permitted.
§ 2 Confirmation of registration
Upon receipt of the confirmation of registration, all information contained therein regarding the event and the registered participant must be checked. Any corrections and additions must be communicated to the organizer. The confirmation of registration must be brought to the event as proof of registration.
§ 3 Evening, training and seminar events
The following terms and conditions apply to all evening, training and seminar events:
3.1 The participation fee is due no later than 8 days after the invoice date and is payable without deduction. Partial invoicing of the participation fee is not possible.
3.2 Deviating regulations require confirmation from Purple Storm in text form.
If an event has to be canceled at short notice for unforeseen reasons, Purple Storm shall be notified immediately; in this case, Purple Storm shall only be obliged to refund any participant fee already paid. In any case, Purple Storm’s liability is limited to the participation fee only.
3.3 In exceptional cases, Purple Storm reserves the right to change speakers and lecturers.
3.4 Cancellations must be made in writing at least 14 days before the start of the seminar. In this case, only a processing fee of EUR 20.00 (incl. VAT) will be charged. Cancellations received later and absences without prior notice will be charged in full. The date of receipt of Purple Storm’s postmark shall be decisive for the above dates.
§ 4 Arrival
Information on how to get to our venues can be found in the travel directions attached to the registration confirmation.
§ 5 Right of withdrawal/cancellation policy (for end consumers)
5.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of receipt of the registration confirmation. To exercise your right of withdrawal, you must inform us (Purple Storm, c/o Bangagong Agency, Postfach 400418, 40244 Düsseldorf, e-mail: band[at]Purple Storm.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
5.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, 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 repayment. If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract in relation to the total scope of the services provided for in the contract.
C. GTC for the purchase of publications, services and events via the webstore
§ 1 Subject of the section
The terms and conditions of this section apply to the purchase of publications of our publications (e.g. studies), services or access authorizations to our events (e.g. webinars) via our webstore.
§ 2 Order process in the webstore and technical steps to conclude the contract
The customer can select publications (e.g. studies) and access authorizations (e.g. as a link) for our events (e.g. webinar) as a download (pdf file) from the range. By making a selection in the store, the electronic shopping cart is filled online. Any selection of products can be made and the desired quantity can be specified using a pull-down menu.
If the customer wishes to partially change his order, he can do so by changing the number indicated, including the option „0“. If the customer wishes to correct input errors, he can do so by clicking on the „one page back“ button of his browser and then making the desired entries from the relevant point in the order process
If the customer wishes to cancel the purchase altogether, he can do so by closing the browser window.
Once the selection has been made, the customer can initiate the order process.
Further comments or requests can be left in a message field.
Before the order is sent, a simple arithmetic problem is solved to ensure that the customer is a humanoid.
Clicking on „Order“ takes the customer to the purchase process.
With this mouse click, the customer agrees to the General Terms and Conditions, the Cancellation Policy and the Privacy Policy and completes the order.
By sending the order, the customer places a legally binding order with us.
This is then displayed to the customer as a message when the order is sent to us.
The customer then receives an order confirmation and invoice by e-mail. This is the legally binding acceptance of the order, thus concluding the contract with the customer.
By placing the order, the customer simultaneously authorizes payment systems for advance online payment of our invoice.
We do not store the text of the contract for the customer to retrieve; it cannot be retrieved by the customer after the order process has been completed.
§ 3 Availability of goods, delivery, transfer of risk
If no copies of the product selected by the customer are available at the time of the customer’s order, the customer will be informed of this immediately in the order confirmation. If the product is permanently unavailable, the customer will not receive a declaration of acceptance from us. In this case, the contract shall not be concluded.
If the product specified by the customer in the order is not available for a period of more than two weeks, the customer has the right to withdraw from the contract. In this case, we also have the right to withdraw from the contract. Any payments already made will be refunded immediately.
The risk of accidental loss and accidental deterioration of the product shall pass to the customer upon handover to the transport company.
Partial deliveries are permissible. In this respect, the contract shall be deemed partially fulfilled. This shall not apply if a partial delivery is unreasonable for the customer.
Delivery dates are subject to circumstances and events for which we are not responsible („force majeure“), including operational disruptions for which we are not responsible, lack of self-supply despite adequate precautions or unexpected strikes. If the delivery/service is delayed by more than 12 weeks due to force majeure, the customer may withdraw from the contract. This period shall be shortened accordingly if the customer cannot reasonably be expected to wait for special reasons.
§ 4 Prices, due date, retention of title, terms of payment
The prices are free domicile.
All orders are only accepted by advance payment,
Payment of the purchase price is due immediately upon conclusion of the contract without deduction of discount.
If payment is not credited to our account within 14 days of the order being placed, the contract shall become null and void and we shall be under no obligation to perform.
§ 5 Warranty
The provisions in Section A § 5 of these General Terms and Conditions apply to the warranty.
§ 6 Disputes concerning commercial and intellectual property rights
If the customer is confronted by third parties with the allegation that our product infringes copyrights or other property rights, the customer is obliged to inform us immediately.