General terms and conditions

Article 1 Definitions

1.  These general terms and conditions belong to my company, Gravilo Limited, established in Hong Kong.

2. You are the other party in these general terms and conditions.

3. The agreement means the agreement for the assignment on the basis of which I perform work for you against payment and where the general terms and conditions have been declared applicable.

Article 2 Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, invoices, work, agreements and delivery of services and products to which I have declared these terms and conditions applicable, insofar as these terms and conditions are not expressly deviated from in writing.

2. The conditions also apply to actions of third parties engaged by me in the context of the assignment, including personnel.

3. The most recently sent version of these general terms and conditions is always applicable.

4. The applicability of your general terms and conditions is expressly rejected.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable.
   

Article 3 Quotations

1. If no acceptance period is stated in the offer, the offer will expire after 30 calendar days.

2. I cannot be held to my quotation if you could reasonably understand that the quotation, or a part thereof, contains an obvious mistake or error.

3. Quotations do not automatically apply to follow-up orders.

Article 4 Rates and payments

1. The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.

2. The quote states the price of the selected service or product or my usual hourly rate excluding VAT. Any other additional costs, such as travel costs and material costs, will be included in the quotation.

3. If no fixed price has been agreed, the rate can be determined on the basis of hours actually spent. An estimate will be given on the quotation of the number of hours required. This estimate is based on experience with similar projects. No rights can be derived from this estimate. If it appears that more effort is required, I will inform you in good time.

4. With acceptance of the quotation, the obligation to pay arises, even if the entire purchased trajectory or course as accepted in the quotation or purchased in the webshop is not used.

5. Long-term assignments will be invoiced monthly in arrears.

6. I will invoice the services provided afterwards.

7. You must pay for an online training in advance, but it is possible to pay in installments. In such a case, I do have the right to suspend the agreement until you have made the next payment.

8. The rates agreed upon upon entering into the agreement are based on the price level applied at that time. I can adjust my reimbursements at any time if changed circumstances require this.

9. Invoices must be paid within 7 calendar days of the invoice date, unless we have made other arrangements in writing or a different payment term is stated on the invoice.

10. If you fail to pay an invoice on time, you are legally in default and owe statutory interest. The interest on the amount due will be calculated from the moment you are in default until the moment of payment of the full amount owed.

11. If you are in default or in default in the fulfillment of your obligations, all reasonable costs incurred in obtaining payment out of court are for your account.

12. In the event of liquidation, bankruptcy, attachment or suspension of payments, my claims against you are immediately due and payable and any licenses already granted will immediately expire.

Article 5 Provision of information

1. You make all information relevant to the execution of the assignment available to me in a timely manner.

2. You guarantee the correctness, completeness and reliability of the data made available, even if they come from third parties. I will treat the data confidentially.

3. You indemnify me for any damage resulting from failure to comply with the provisions of this article.

4. If you do not provide the required information or do not provide it in time, and the execution of the assignment is delayed as a result, the resulting additional costs will be for your account.

Article 6 Performance of the agreement

1. I carry out the assignment to the best of my knowledge and ability. I am not liable for not achieving the result you intended. In addition, I cannot guarantee results; these partly depend on other factors and people in your company.
   
   
2. Because some of my services are provided online, or because a third platform is used, I cannot guarantee that my services are available at all times at every location.

Article 7 Amendment of the agreement

1. I am authorized to terminate the agreement if new facts or circumstances have arisen, as a result of which there is a disruption of the relationship of trust. I am not obliged to pay compensation in such a case.
   
   
2. If during the execution of the assignment it appears that it is necessary to change or supplement the work to be performed, we will adjust the agreement in good time and in consultation.
   
   
3. If we agree that the agreement will be amended or supplemented, the time of completion may be affected. I will inform you of this as soon as possible.
   
   
4. Cancellation of an accepted offer is only possible in writing. Cancellation can take place free of charge up to 14 calendar days after conclusion, unless the work is performed within these 14 calendar days or the agreement has been concluded B2B. Outside this statutory cooling-off period, the following cancellation conditions apply: In the case of coaching, cancellation within one week before the start of the first session will result in payment of 50% of the quoted costs; if a trajectory has already started, full payment of the trajectory is due.
   
   
5. A single session can be moved free of charge up to 48 hours before the start; if the session is rescheduled or canceled within 48 hours, or if the session is absent, the session will be canceled and will be charged as such.
   
   
6. It is not possible to exchange and/or return purchased digital products, including online courses. By ordering and paying for the digital products, you gain access to your purchase. You expressly agree that by doing so you waive the right to make use of the cooling-off period and the right to withdraw from the agreement. However, I think it is important that you are satisfied with your purchase. That is why there is a "money back" provision for an online course. In the event of dissatisfaction, you can reclaim the amount paid for an online course if you demonstrate that the course was unable to meet the expectations I had created due to my actions.
   
   
7. If a workshop cannot be given offline due to circumstances beyond my control, I am entitled to give the workshop online. This does not entitle you to a refund, unless otherwise agreed.
   
   
8. If you are unexpectedly unable to attend a workshop, the following cancellation conditions apply: You are entitled to transfer the proof of purchase to another person, as long as this other person meets the same conditions of participation and the new data is submitted no later than three days before the start of the workshop. be passed on to me.
   
   
9. Contrary to what is stated in the previous paragraph of this article, different conditions of an event platform such as “Eventbrite” may apply to the purchase of tickets for a workshop.

Article 8 Additional provisions online training

1. You will only receive access to the content after payment of the agreed amount, unless otherwise agreed.
   
   
2. You will receive access to the course after purchase. The course is therefore excluded from the right of withdrawal, which means that it is not possible to cancel the purchase with a refund of the purchase amount. If the content is made available in parts, you are obliged to reimburse the content made available pro rata in the event of cancellation.
   
   
3. I can adjust the fees when reproviding the relevant content. I can also adjust the price in the run-up to the agreement for promotional purposes.

4. I perform the agreement to the best of my knowledge and ability. However, I am not responsible for not achieving the result that you intended with purchase. You remain responsible at all times for the application or performance of knowledge or actions as acquired during the agreement.

5. Because a third-party platform is used for the execution of the agreement, I cannot guarantee that the content is available at all times and at every location.

6. I reserve the right to refuse participation at any time.

7. I am entitled to expand, limit or adjust the content of the training.

8. You acquire a limited and personal right to use the content for personal purposes. The course is intended to inspire, not copy. You are entitled to make limited screenshots of the content, if it is provided with my name when published on social media.

9. It is not allowed to use the knowledge gained in the 12 months after following the content to create a similar offer yourself.

10. The information provided during the term of the content remains my property. I will indicate in good time until when the content is available. It is your own responsibility to review the material in a timely manner and where it is given the opportunity to save it.

Article 8 Right of withdrawal

1. You have a cooling-off period of 14 calendar days to cancel the purchase of a physical product from the webshop. I may ask you for the reason for the withdrawal, but you are not obliged to give a reason.
2. The reflection period from the previous paragraph starts on the day after you have received the product.

Article 9 Obligations upon withdrawal

1. You must handle the product and packaging with care during the cooling-off period. The product may only be inspected as would be permitted in a retail store.
   
   
2. Depreciation of the product due to handling contrary to the provisions of paragraph 1 is for your account.
   
   
3. I will send a confirmation of receipt after receipt of the notification of withdrawal.
   
   
4. I will reimburse the payments within 14 days after you have notified the withdrawal.

Article 10 Exercise of the right of withdrawal

1. You report in writing via the model withdrawal form and within the reflection period that you are making use of your right of withdrawal.
   
   
2. Within 14 days after the notification as referred to in paragraph 1 of this article, you return the product, reasonably possible in its original condition and packaging.
   
   
3. The burden of proof for the correct and timely exercise of the right of withdrawal rests with you.
   
   
4. The costs of returning the product are for your account.

Article 11 Force majeure

1. In the event of force majeure, we are entitled to interrupt or move the agreement. Force majeure applies, among other things, if the execution of the agreement, temporarily or otherwise, is prevented by circumstances beyond our reasonable control, such as illness, accidents, fire, internet failures, a pandemic or government measures.

2. If a situation as described in the first paragraph of this article occurs, or if other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations will be suspended as long as we cannot meet our obligations. In such a situation, we jointly look for a solution, such as relocation. If this situation continues without an appropriate solution, we both have the right to dissolve the agreement in writing without cancellation. In such a case, the costs incurred and hours worked up to that point will become immediately due and payable.

3. In the event of a business agreement, we are obliged to move the agreement and the payment obligation remains in effect, unless otherwise agreed.

4. If you wish to move the agreement due to covid, but government measures do not make a continuation, whether or not in an adapted form, impossible, I am entitled to charge the costs associated with this.

Article 12 Liability for damage

1. I am not liable for damage arising from this agreement, unless the damage was caused intentionally or with gross negligence and the damage can be regarded as direct damage.

2. I am not liable for damage caused by relying on incorrect or incomplete information provided by or on behalf of you.

3. You are ultimately responsible for checking the quality of the supplied content and products.

4. You remain responsible at all times for applying or performing knowledge or actions as acquired during a trajectory, online course, or other form of implementation of the agreement.

5. I am not liable for the consequences of any adjustment by you or third parties in content provided by me.

6. I am not responsible for obtaining proper consent under the GDPR and other legal requirements that you must adhere to when performing my work.

7. In the event that I owe you compensation, the damage will not exceed the amount charged by me to you in the three months prior to the damage occurring, unless reasonableness and fairness dictate otherwise.

8. You indemnify me against all claims from third parties related to the services, content and products provided by me.

Article 13 Intellectual property

1. The intellectual property rights to the materials, content and advice made available to you by me are vested in me. It is expressly not permitted to reproduce, publish or make available to third parties the material and documentation provided without prior permission.
   
   
2. No image and/or sound recordings may be made during a workshop, unless we have agreed otherwise. When I make footage myself, participants will receive these recordings.
   
   
3. You may share screenshots on social media to a limited extent when this material is provided with my name.
   
   
4. Ownership of physical products will not pass to you until full payment.
   
   
5. Any act contrary to this article is considered copyright infringement.
   
   
6. In the event of infringement, I am entitled to compensation amounting to at least three times the license fee usually charged by me for such use, without losing any right to compensation for other damage suffered.
   
   
7. By entering into the agreement you give me permission to use content for my portfolio, advertisements, social media, magazine articles, printed matter, exhibition material and demonstration material, unless expressly objected to.

Article 14 Special provisions

1. We are both bound to secrecy with regard to all confidential information that we have obtained in the context of our agreement. You are referred to the privacy statement for more information.

Article 15 Delivery

1. I make every effort to deliver the required work as soon as possible. The stated delivery period must be observed, unless otherwise agreed by us.

Article 16 Complaints

1. You are obliged to make complaints about quotations, invoices and/or the services, products and content provided as soon as possible, but no later than 14 calendar days after the complaint has arisen, in writing and with reasons. I strive to deal with complaints within 5 working days.

2. Submitting a complaint does not suspend the payment obligation.

Article 17 Dispute Resolution

1. Hong Kong law applies to these general terms and conditions.

2. We will only appeal to the courts after we have made every effort to settle a dispute in mutual consultation.

3. All disputes will be settled by the competent court in the district in which I am located, unless a legal obligation provides otherwise.

4. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against me and the third parties involved is 12 months.