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Terms

General Terms and Conditions with Customer Information

Last Update: 10. September 2026

Table of contents

1. Validity of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between Steffen Raetzer (independant) with the websites: www.innovating.work and www.steffenraetzer.com (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.
  2. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  3. All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
  4. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
  5. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
  6. "Product" within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.
  7. Regardless of the terminology used in the GTC, such as "Vendor", the legal classification of the contract and the applicable statutory regulations are always determined by the legal requirements of the respective types of contracts. These GTC do not limit the statutory definitions and regulations in any way.

2. Contact and service details

  1. Please note the following information about the availability of our customer service.
  2. E-mail address: info@innovating.work
  3. Contact form: www.innovating.work/contact

3. General Information on Offers and Orders

  1. The presentation and promotion of products on the Vendor’s websites as well as in digital or printed informational materials does not constitute a binding offer to conclude a contract, but rather a non-binding invitation to the Customer to submit an offer for the purchase of the displayed goods.
  2. Customers are responsible for ensuring that the information they provide is accurate and for notifying the Vendor of any changes, where such changes are required for the fulfilment of the contract. In particular, Customers must ensure that the e-mail addresses, delivery addresses and shipping addresses provided are correct and that any obstacles to receipt for which the Customer is responsible are duly considered (e.g. by checking the spam folder of their e-mail software).
  3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

4. Ordering Process and Conclusion of Contract

  1. The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  2. By clicking the button that concludes the order process, the Customer submits a binding offer to purchase the products contained in the shopping cart or in a corresponding selection overview to the Vendor.
  3. The Service Provider accepts the Customer’s offer, whichever of the following events occurs first: (i) by means of an express declaration of acceptance in text form (e.g. by e-mail), (ii) by completion of the payment process, (iii) by a payment request addressed to the Customer, (iv) in the case of goods orders, by dispatching them; in the case of services, by commencement thereof; and otherwise by making the product available as contractually agreed. The Service Provider may accept the Customer’s offer within the acceptance period. The acceptance period is five days. The acceptance period begins upon completion of the ordering process by the Customer and ends at midnight on its last day. If the Service Provider does not accept the Customer’s offer within the acceptance period, no contract shall be concluded and the Customer shall no longer be bound by their offer.
  4. A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
  5. A contract between the Customer and the Vendor may also be concluded by telephone. The Customer may submit a binding offer to the Vendor by telephone or, in the event that the Vendor submits a binding offer, accept it by telephone.
  6. A contract between the Customer and the Vendor may also be concluded by means of information provided in a contact form. The Customer may submit a binding offer to the Vendor by means of a contact form or, in the event that the Vendor submits a binding offer, accept it by means of a contact form.
  7. A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

5. Contract Text and Contract Language

  1. The Vendor stores the contract text (in particular the order data, product information, prices, these GTC as well as other legally required mandatory information) and makes it available to the Customer in text form, by email or at the latest upon delivery of the order or provision of the ordered service.
  2. The Vendor may provide the contractual documents to Customers who are Entrepreneurs both in text form and by other means (e.g. by reference to an online source).
  3. If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
  4. The contract languages are German and English, contracts can be concluded in these languages.

6. Digital Contents

  1. "Digital Contents" is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
  2. The provisions of these GTC apply accordingly to the sale of Digital Content.
  3. The provisions of these GTC shall apply accordingly to the sale of tangible media that serve exclusively as carriers of digital content.
  4. Digital Contents are provided to the Customer in the form of a download possibility.
  5. Digital content is delivered to the buyer in the form of a continuous stream of data, referred to as a "Streaming".
  6. Digital content is sent to the Customer by e-mail to the e-mail address provided.
  7. The Vendor is entitled to subsequently adapt and change Digital Contents, provided that this is necessary for the Vendor (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) and is reasonable for the Customer and the contractual use of the Products as well as the contractual equity are not impaired.
  8. The Digital Content will be made available to the Customer Account, provided that a Customer Account has been created.
  9. The Customer will be informed expressly and with reasonable advance notice before the possibility of accessing the purchased Digital Content expires.
  10. For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser's access to the Internet).

7. Service-related rights and obligations of the contractual parties

  1. "Services" within the meaning of these GTC are activities owed by the Vendor, which are based on an agreed action or cooperation of the Vendor (also referred to as the "Service Provider" in the context of Services)
  2. The provisions of these Terms and Conditions apply accordingly to contracts for services unless otherwise stipulated in this section.
  3. The specific scope of services results from the respective service description, the offer, or the individual agreement between the Service Provider and the Customer. The only decisive factor is the scope of activities or support defined therein. The Service Provider does not owe a specific result, but rather the careful, professional, and best possible execution of the agreed activity. This constitutes a service contract within the meaning of the law. Recommendations, assessments, or proposals for action by the Service Provider expressly do not constitute a guarantee or assurance of success.
  4. If the description of the assignment is insufficient or its scope is doubtful in certain cases, the services to be provided shall include those tasks which are standard in the industry and required by the circumstances, and which are necessary to achieve the agreed contractual purpose to an appropriate extent.
  5. Änderungen oder Erweiterungen des ursprünglich vereinbarten Leistungsumfangs („Leistungsänderungen") können von beiden Parteien angeregt werden. Der Anbieter prüft jeden Änderungswunsch des Kunden und teilt diesem unverzüglich mit, ob die gewünschte Anpassung technisch und organisatorisch umsetzbar ist, welche Auswirkungen sie auf den Leistungszeitraum hat und ob dadurch zusätzlicher Aufwand, der vom ursprünglich vereinbarten Leistungsumfang entsteht. Führt ein Änderungswunsch zu Mehraufwand, ist dieser vom Kunden gesondert zu vergüten. Die Vergütung erfolgt nach den vereinbarten oder, falls nicht festgelegt, nach den üblichen Stundensätzen des Anbieters. Sofern sich durch den Change Request Änderungen an Zeitplan, Mitwirkungspflichten oder Lieferterminen ergeben, werden diese im Zuge der Anpassungsvereinbarung ebenfalls festgehalten. Leistungsänderungen sowie deren Annahme, Ablehnung oder Umsetzung bedürfen der Textform (z. B. E-Mail), sofern nichts Abweichendes vereinbart wurde. Ohne eine solche textliche Bestätigung bleibt der ursprünglich vereinbarte Leistungsumfang maßgeblich.
  6. Insofar as the Service Provider renders its services on the basis of information, documents, access details, systems or other materials to be provided by the Customer, the Customer shall make these available to the extent necessary for fulfilment of the contract, in an appropriate manner and within a reasonable period. The Customer is responsible for the accuracy, currency, authorisation for use and admissibility of these contents. The services of the Service Provider regularly require appropriate cooperation and coordination on the part of the Customer. If such cooperation is omitted or delayed for reasons attributable to the Customer, agreed deadlines and dates may be extended accordingly. The Customer shall bear the consequences of any breaches of the aforementioned duties and obligations.
  7. The Service Provider does not conduct a legal review of the information, content, specifications or materials provided by the Customer. Unless expressly agreed otherwise and insofar as it is reasonable for the Customer under the circumstances, responsibility for ensuring that their use within the scope of the agreed services is legally permissible, free from third-party rights and suitable for the agreed purposes rests solely with the Customer. The Customer is obliged to carry out or arrange for any necessary legal reviews in good time and on their own responsibility.
  8. Unless appointments have been expressly confirmed as binding as part of an order or offer process, via other appointment scheduling options provided by the Service Provider, or in written or text form (e.g. by email), they are considered non-binding guidelines. The Service Provider is entitled to provide the agreed services within a reasonable period of time that is acceptable for the Customer.
  9. Agreed service appointments are binding. The cancellation conditions of these Terms and Conditions apply to the cancellation or non-attendance of bindingly agreed appointments as well as to the rescheduling of appointments. Statutory rights of withdrawal, rescission and termination remain unaffected.
  10. The remuneration is determined by the respective offer or service description and shall, unless otherwise agreed, be payable in advance before the performance of the service. The payment terms set out in these Terms and Conditions apply.
  11. If services are provided online, by video call, telephone, email or other means of remote communication, it is the responsibility of the Customer to ensure a stable and suitable internet or communication connection, insofar as this can reasonably be expected under the circumstances. Disruptions or failures that fall within the Customer’s area of responsibility may result in delays or interruptions to the provision of services. In such cases, the Service Provider is not obliged to perform the services again without reasonable adjustment to the schedule or additional effort.
  12. If the Customer identifies a defect in a service provided and asserts rights regarding defects, the Customer should notify the Vendor of this within a reasonable period. The Vendor is entitled to remedy the defect within a reasonable period or to provide the service again without defects. For the purpose of examining and rectifying a defect, the Customer must enable the Vendor to provide any necessary cooperation, insofar as this can reasonably be expected under the circumstances. Insofar as the Customer is a commercial enterprise, the statutory duties of inspection and notification of defects also apply.
  13. The Service Provider is entitled, in the event of force majeure or other unforeseeable events for which the Service Provider is not responsible and which significantly impede or render impossible the provision of services, to postpone agreed dates or to provide the services at a later date. Such events include, in particular, illness, accident, legal restrictions, official orders, failures of power supply, servers or other infrastructure, natural events or comparable situations. The Service Provider shall inform the Customer of this without undue delay and shall offer alternative dates where possible. In these cases, the Customer is not entitled to compensation for travel expenses, downtime or other costs. Statutory claims of the Customer remain unaffected.

8. Coaching services

  1. Coaching services within the meaning of these GTC are personalised, process-related support services provided by the Service Provider to the Customer online, by telephone or on site. Coaching serves the purpose of reflection, clarification of objectives and the personal or professional development of the Customer. The provisions of this section apply in addition to the general terms applicable to services. In case of contradictions, the coaching-specific provisions shall take precedence.
  2. The specific subject matter and scope of the coaching, in particular the number and duration of sessions, formats as well as thematic focuses, are determined by the respective service description, the offer, the individual agreement and, where available, by a more detailed description of the coaching contained in these Terms and Conditions. Coaching is a goal- and solution-oriented development process and may include discussions, exercises and reflection tasks, depending on the agreement.
  3. Coaching is not a substitute for medical, psychological, psychotherapeutic or any other healthcare treatment and is not intended for the diagnosis or treatment of physical or mental illnesses. The Provider does not make diagnoses, does not practise medicine and does not treat diseases. Coaching furthermore does not include legal, financial, investment or tax advice, and the Customer remains responsible for consulting suitably qualified professionals on such matters.
  4. Coaching is an interactive process, and its progress and impact depend significantly on the Customer’s active participation and openness. The Provider offers process-oriented support, while all decisions, actions and implementation of coaching content remain solely the Customer’s responsibility. Any recommendations or impulses provided by the Provider do not constitute binding instructions for action.
  5. The Provider does not guarantee that specific results, progress or developments will be achieved through the coaching process. The success of coaching depends largely on the Customer’s own responsibility, motivation and implementation. The Customer remains solely responsible for their personal, professional and economic development.
  6. The Customer undertakes to provide all information relevant to the coaching truthfully and to actively participate in the coaching process. The Customer must ensure appropriate conditions such as punctuality, focus and a distraction-free environment. Failure to provide necessary cooperation may impair the coaching process or lead to delays.
  7. Coaching may be provided online, by telephone or on-site. The specific mode of delivery is agreed between the parties or determined by the Provider based on appropriate professional considerations. The Provider may adjust methods, procedures, content or tools at its professional discretion, insofar as this is reasonable for the Customer. For online formats, the Customer is responsible for ensuring a stable connection and suitable technical equipment.
  8. Agreed coaching appointments are binding. The cancellation conditions of these Terms and Conditions apply to the cancellation or non-attendance of bindingly agreed appointments as well as to the rescheduling of appointments. Statutory rights of withdrawal, rescission and termination remain unaffected.
  9. The Provider shall treat all information obtained during the coaching process as confidential, unless statutory disclosure obligations apply. Coaching content may not be shared with third parties without the express consent of the respective other party. This also applies to group formats, in which all participants are obliged to maintain confidentiality.
  10. For group coaching sessions, the agreed number of participants is binding. The Provider may take appropriate measures in the event of disruptions to the group process, including excluding individual participants if necessary and reasonable. The Customer agrees to respect the privacy and confidentiality of information shared by other participants.
  11. Audio or video recordings by the Customer are only permitted with the prior explicit consent of the Service Provider. The Service Provider will only make recordings if this has been agreed and is permissible under data protection law. Internal notes or documentation of the Service Provider serve exclusively to accompany processes and will not be disclosed unless otherwise agreed or legally required.
  12. Materials provided by the Provider during the coaching process, such as worksheets, exercises or presentations, may be used by the Customer solely for their own purposes. Disclosure, reproduction or any other use by third parties is only permitted if expressly authorised by the Provider.
  13. For on-site coaching sessions, the venue’s house rules and any additional safety or usage regulations apply. The Customer undertakes to follow the instructions of the Provider or on-site staff insofar as such instructions are necessary for the safe and proper execution of the coaching session.
  14. The Service Provider is entitled to exclude Customers from coaching if their behaviour significantly disrupts the process, violates behavioural rules or renders further cooperation unreasonable. In this case, the session from which the Customer was excluded will be charged. The Customer shall only have claims with regard to services already paid for but not yet rendered; further claims are excluded. This does not affect the Service Provider's right to extraordinary termination.
  15. Coaching packages and agreed session quotas must be used within the specified duration. Sessions not used within the agreed timeframe expire unless otherwise agreed between the parties. Any extension or postponement of the duration requires a separate agreement.
  16. Unless a strictly personal coaching session or relationship with a specific person has been expressly agreed, the Service Provider may, for valid reasons such as illness, unavailability or organisational requirements, arrange for a change of coach. The Service Provider is also entitled to adjust appointments or to change the mode of delivery, provided this is reasonable for the Customer. Substantial changes to the scope of services require prior consultation and agreement by both parties.

9. Cancellation conditions for services

  1. The Customer may cancel a booked service prior to the start of performance. The cancellation must be made in text form, for example by email. The relevant point in time for calculating any cancellation fees is the moment the Provider receives the cancellation. Statutory rights of withdrawal remain unaffected.
  2. For individually reserved appointments, in particular individual consultations and individual coaching sessions, the following cancellation conditions apply: Cancellations up to 48 hours before the agreed appointment are possible free of charge. In the event of a later cancellation or if the appointment is not attended, the Vendor retains the right to the agreed remuneration, provided that the Customer is responsible for the cancellation or non-attendance. However, the Vendor must deduct the value of any expenses saved as a result of the cancellation as well as any income gained, or maliciously failed to gain, from alternative use of the freed-up time.
  3. The cancellation provisions do not affect the statutory rights of Customers who are consumers to withdraw from, rescind, or otherwise terminate the contract. Statutory mandatory rights of consumers remain unaffected by the cancellation provisions.
  4. For the remaining pre-booked services, in particular events and group formats such as lectures, workshops and group coaching sessions, the following cancellation rules apply to consumers. The consumer retains the right to prove that no damage or a significantly lower amount of damage has occurred:
    • Cancellations up to 14 days before the agreed start of service are free of charge.
    • For cancellations between 13 and 7 days before the start of service, a flat compensation fee of 30% of the agreed remuneration will be charged.
    • For cancellations less than 7 days before the start of service or in the event of no-show, the flat compensation fee amounts to 60% of the agreed remuneration.
    The aforementioned flat rates particularly take into account that for the booked service, appointments, places or other capacities are reserved which often cannot be reassigned or used at short notice in case of cancellation, as well as any preparatory or material-related expenses already incurred or costs for commissioned third-party services. In addition to these flat rates, further damages may be claimed if they have occurred and can be proven by the Service Provider. These cancellation rules do not affect the consumer’s statutory rights of withdrawal, cancellation, or any other rights to terminate the contract.
  5. Unless otherwise agreed by the parties, the following cancellation rules apply to Customers who are entrepreneurs, whereby the Customer retains the right to prove that no loss or a significantly lower loss has occurred:
    • Cancellations up to 14 days before the agreed commencement of services are free of charge.
    • For cancellations between 13 and 7 days before commencement of services, 50% of the agreed remuneration will be charged.
    • For cancellations less than 7 days before commencement of services or in case of non-attendance, 100% of the agreed remuneration will be charged.
  6. If a cancellation is made at a time when the Provider has already begun delivering the service, the Customer shall owe prorated remuneration for the services already provided as well as reimbursement of demonstrable expenses incurred in connection with the performance, insofar as these could not reasonably have been avoided. For lump-sum remuneration agreements, the calculation is based on the ratio between the services already provided and the total scope contractually agreed.
  7. A free cancellation is possible if unforeseeable, serious circumstances arise that demonstrably render participation unreasonable for the Customer. This also applies in well-founded exceptional cases involving a close family member where the situation requires the Customer’s immediate personal presence. Such circumstances may include medical emergencies requiring inpatient or intensive care treatment, severe accident-related injuries or deaths, as well as significant property damage caused by fire, natural events or traffic accidents on the day of the event. To qualify for a free cancellation, appropriate evidence must be submitted within a reasonable period. As a general rule, this period is 7 working days.

10. Digital Services

  1. "Digital Service" means a service that allows the Customer, who is a Consumer, to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Customer or other users of that service.
  2. The provisions of these GTC shall apply accordingly to Digital Services.

11. Duration, termination and renewal of service contracts

  1. The service is provided as a continuous performance over an extended period or at regularly recurring intervals (continuing obligation) and may be ordinarily terminated by either contracting party. The contract term is twelve months. The notice period is one month.
  2. The right to extraordinary termination for good cause remains unaffected for both contracting parties. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, it cannot reasonably be expected that the contractual relationship will be continued until the end of the notice period. Good cause may in particular exist if i) the Customer fails to make agreed payments despite a reminder, ii) required acts of cooperation by the Customer are not performed and this significantly impedes or makes it impossible to provide the service, iii) the Customer breaches material contractual obligations or behaves in a manner that is significantly contrary to the contract, or iv) provision of services becomes impossible or unreasonable due to force majeure or unforeseeable circumstances within the meaning of these Terms and Conditions.
  3. The termination provisions do not affect the statutory rights of Customers who are consumers to withdraw from, revoke or otherwise terminate the contract. Statutory mandatory rights of consumers remain unaffected by the termination provisions.

12. Subscriptions

  1. "Subscription" is understood to mean the regular purchase of products or other services by "Subscribers" (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Agreement") for a defined period of time (also referred to as a "Subscription Period").
  2. A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.
  3. The termination only takes effect for the future. From the point at which the termination becomes effective and the contract ends, no further services or deliveries will be provided under the subscription.
  4. Subscriptions are billed in advance at the beginning of each Subscription Period.
  5. The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.
  6. The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.
  7. Subscription contracts can only be cancelled electronically by e-mail or in the user account.
  8. Unless otherwise stipulated in the respective offer, the period of notice is one month.

13. Sale of Vouchers

  1. These GTC apply accordingly to the sale of vouchers embodying material or monetary values.
  2. The Customer will be provided with the possibility to download the ordered vouchers.
  3. The ordered vouchers will be sent to the Customer at the e-mail address provided.
  4. The ordered vouchers are provided to the Customer in the Customer Account, provided that a Customer Account has been created.
  5. The ordered vouchers are provided to the Customer as output on the screen.

14. Sale of Tickets

  1. These GTC apply accordingly to the sale of tickets.
  2. The Customer will be provided with the possibility to download the ordered tickets.
  3. The ordered tickets will be sent to the Customer at the e-mail address provided.
  4. The tickets are provided to the Customer in the Customer Account, provided that a Customer Account has been created.
  5. With the tickets, the Customer acquires the rights embodied in the tickets in accordance with the product description to participate in the named events. Unless otherwise agreed, participation is based on a legal relationship established with the event organisers on the basis of their terms and conditions and the Vendor does not become a contractual partner or otherwise obligated under this legal relationship. The respective organiser is responsible for the event.

15. Promotional vouchers

  1. "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
  2. Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
  3. Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
  4. Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
  5. Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
  6. If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
  7. If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

16. Customer Account

  1. The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
  2. Customers can also place an order as a guest without having to create a Customer account.
  3. Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
  4. Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers' responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
  5. The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor's GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
  6. When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers' content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties.These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation.Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers' fundamental rights are taken into account in order to ensure a fair and equitable solution.
  7. Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.
  8. From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer's responsibility to secure their data upon termination of the Customer account.

17. Payment Methods and Terms

  1. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  3. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  4. If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
  5. Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
  6. SEPA Direct Debit - By placing the order, the Customer grants the Vendor a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the Vendor is authorised to initiate the payment transaction, whereby the Customer's bank account is automatically debited. The Customer will be informed of the date on which the bank account will be debited (referred to as " Pre-Notification"). The Pre-Notification is not bound by form and can, for example, take the form of an invoice, details in an e-mail, on a website or be included in GTCs. The period of notice of the date on which the bank account is to be debited is 5 days (referred to as the "Pre-Notification Period"). The invoice amount is due after the direct debit mandate has been issued, but not before the Pre-Notification Period has expired. The account shall be debited before shipment of the goods but not before the expiry of the Pre-Notification Period .
  7. Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.
  8. PayPal – Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the type of PayPal payment provided or selected by Customers. At the end of the ordering process, Customers are redirected directly to PayPal. For Customers who have a PayPal account, the following terms of use of PayPal apply: https://www.paypal.com/legalhub/paypal/useragreement-full. If Customers use PayPal’s services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. An overview of all terms can be found at: https://www.paypal.com/legalhub/paypal/home.
  9. PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
  10. PayPal Plus (Credit Card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer's account is automatically debited.
  11. Stripe - The use of Stripe may require registration for this payment method, depending on the selected payment methods. The payment transaction is carried out on the basis of Stripe's terms and conditions, which are also communicated to the Customer during the ordering process. Further information and conditions: https://stripe.com/de.
  12. European payment system that enables immediate bank transfers based on SEPA Instant Credit Transfer (SCT Inst) to be processed in real time.

18. Purchase on account

  1. If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.
  2. For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as "Retained Goods"). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.

19. Copyright and Rights of Use

  1. The documents, instructions, informational materials, products and media – such as photographs, images, graphics, videos or audio recordings (hereinafter referred to as "Protected Content") – provided by the Vendor to the Customer may, unless expressly agreed otherwise, be used exclusively for the individual and contractual use by the Customer. In addition, they are protected by intellectual property rights, in particular copyright. The rights of use and exploitation of the Protected Content remain with the Vendor or the respective rights holders. The Customer undertakes to acknowledge and observe these usage restrictions as well as the intellectual property rights.
  2. The Customer is granted simple rights of use to utilise the acquired Protected Content for contractual purposes. Any further use or exploitation of the Protected Content is not permitted. In particular, Protected Content may not be reproduced, distributed, made publicly accessible on the internet or intranets, or otherwise made available to third parties.
  3. The Customer is not authorised to modify the Protected Content in terms of content, technology or editorial aspects, unless this is strictly necessary for contractual use, expressly permitted by the rights holder or allowed by law.
  4. The Vendor expressly reserves the right to use the Protected Content for commercial text and data mining. Text and data mining is the automated analysis of individual or multiple digital or digitised works in order to obtain information from them, particularly regarding patterns, trends and correlations. In particular, the Protected Content may not be used for the development, training, programming, improvement and/or enrichment of AI systems (including but not limited to generative AI systems) that can directly or indirectly output content, regardless of whether such content is protected by copyright. Furthermore, the purchaser undertakes to take reasonable and necessary measures to ensure that the acquired Protected Content is not subjected to text and data mining. This includes, for example, incorporating corresponding notices into their own terms of use and ensuring that employees are appropriately instructed (especially in relation to digital content). The specific details depend on the type of Protected Content and the nature of its use.
  5. If the Protected Content is subject to a specific usage licence, Customers will be informed about the usage licence. In the event of any conflict between the usage licence and these Terms and Conditions, the provisions of the usage licence shall prevail.
  6. The permission to use the Protected Content is limited to private purposes and does not include any commercial or business use. The transfer of the Protected Content or any related content (including texts, images, audio, video, or training materials) to third parties, whether free of charge or not and including friends, acquaintances, or business partners, is not permitted.
  7. If the Vendor provides services in advance, the Customer shall receive a simple, non-transferable and revocable right to use the Protected Content until full payment of the remuneration owed has been made.
  8. The copyright notices and protection marks (for example, the "Copyright" symbol ©) attached to the Protected Content within a reasonable and legally recognised scope must be observed, and the granted rights of use shall only apply as long as the aforementioned notices and marks are not removed or otherwise rendered unrecognisable. This does not apply if their removal or rendering unrecognisable occurs in the course of ordinary or intended use of the Protected Content.
  9. If there is a justified suspicion of misuse or a significant breach of these provisions for the protection of Protected Content, the Service Provider is entitled to take appropriate verification and protective measures until the suspicion has been clarified. In the event of serious breaches or breaches that continue despite a warning, the Service Provider is entitled to terminate the contractual relationship without notice. The Customer shall be liable for damages incurred by the Service Provider as a result of a culpable breach of duty attributable to them.

20. Instructions on Withdrawal

  1. The information regarding the right of withdrawal for consumers is set out in the withdrawal policy of the Vendor. Customers are informed about this in accordance with statutory requirements.
  2. The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
  3. The provisions of these GTC do not limit the statutory rights of withdrawal, cancellation, termination, warranty, and defects as well as other mandatory rights of the Customer and their related payment and other claims, and are subordinate to these rights.
  4. Customers can access the Vendor's instructions on withdrawal at the following Internet address: https://www.innovating.work/pages/recall

21. Warranty and Liability

  1. The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.
  2. The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
  3. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
  4. The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.

22. Change of GTC

  1. The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
  2. In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
  3. The Vendor will send the amended GTC to the Customer's email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

23. Data protection and confidentiality

  1. The Service Provider processes personal data exclusively in accordance with the applicable data protection laws. Details regarding data processing as well as the rights of the data subjects are outlined in the Service Provider’s privacy policy.
  2. Both parties undertake to treat as strictly confidential all confidential information obtained in the context of the contractual relationship. Confidential information includes, in particular, personal data, personal circumstances, conversation contents, votes, documents, concepts as well as business and trade secrets such as internal processes, pricing and calculation models, strategies, process descriptions, customer and supplier data, technical processes or other non-public economic information, insofar as these are not generally known or were already lawfully accessible to the other party. Disclosure to third parties shall only take place with the express consent of the respective affected party. Consent may be dispensable if disclosure is in the apparent interest of the affected party and it can be assumed that they would consent. Information that must be disclosed due to statutory provisions or must be communicated by official or court order or whose use is necessary for the protection of legitimate interests is excluded from the duty of confidentiality. Disclosure to persons from the private or professional environment of the parties is not included herein. The duty of confidentiality continues beyond the termination of the contractual relationship.

24. Final provisions

  1. The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. The place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

Legal text by Dr. Schwenke - please click for further information.

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