1. Scope and extent
For any business dealings with consumers and contractors that involve professional advice by Birgit
Heidenreich Business Consulting within the framework of generally accepted professional principles and
professional rules, the following General Terms and Conditions of Business always apply, unless their
application is expressly stated was excluded.
Legal transactions that are concluded via our online shop www.elopage.com/s/BirgitHeidenreich or via
the integration on our website www.expatsconsulting.de/shop are not subject to these terms and
conditions. Special terms and conditions apply here, which can be viewed in the shop.
Membership in the “Expat Business Club” is regulated in separate terms and conditions. These can be
viewed at www.expatbusinessclub.com/generaltermsandconditions/.
A consumer is any natural person who enters into a legal transaction for purposes which are
predominantly neither commercial nor self-employed.
An entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a
legal transaction, acts in the exercise of its commercial or independent professional activity.
For entrepreneurs applies: If the entrepreneur uses conflicting or supplementary General Terms and
Conditions of Business, their validity is hereby contradicted; they only become part of the contract if
Birgit Heidenreich Business Consulting has expressly consented to this.
The advice from Birgit Heidenreich Business Consulting does not constitute tax or legal advice within
the meaning of the German Legal Advisory Act (RBerG) and any solution described verbally or in writing
serves only to provide a detailed description of the entrepreneurial possibilities including opportunities
and risks.
Changes to these terms and conditions will be communicated to the customer in writing, by fax or by
email. If the customer does not object to this change within four weeks of receiving the notification, the
changes will be deemed accepted by the customer.
2. Scope of the consulting assignment
The scope of the consulting contract is contractually agreed upon. If no written agreement exists, it
results from the circumstances of the specific case.
The Birgit Heidenreich Business Consulting is entitled to have the consultancy contract carried out by
expert employees and/or freelance cooperation partners (in whole or in part).
3. Offer and conclusion of consulting and coaching services
a) Our consulting services are non-binding. A contract is only concluded when Birgit Heidenreich
Business Consulting confirmed an order. The same applies to additions or side agreements.
b) All consultancy contracts and other agreements are only legally binding if they have been expressly
granted by the client. If the complete content of the order is not or not fully assessable at the beginning
of the order, an oral or written framework agreement may be concluded. If an order is placed in writing
by the client, the latter only commits each other to the extent specified in the written contractual
agreement.
4. Obligations of the client
a) The client shall ensure that Birgit Heidenreich Business Consulting all documents necessary for the
fulfillment and execution of the advisory order are presented promptly and they are informed of all
processes and circumstances that are of importance for the execution of the order.
b) The client shall ensure that the organizational framework conditions allow for the smoothest possible
progress of the advisory process when fulfilling the consulting task at its place of business.
c) If a customer whose mother tongue is not German accepts services, it is at the discretion of the
customer whether he uses an interpreter at his own expense, even if the service is provided in English.
5. Fee/Payment
a) The remuneration for the services of the consultant is based on the rates set out in the individual
agreements, unless otherwise specified in special cases. Additional services not included in the order
confirmation will be charged separately.
b) All prices are exclusive of applicable VAT, currently 19 %.
c) All invoices are due for payment immediately and without deduction. In case of late payment, default
interest of 9 of a hundred p.a. above the respective base interest rate, or 5% above the respective base
interest rate for consumers (private persons).
d) Prepaid consulting hours must be redeemed within 6 months of purchase. If these are not redeemed
in time, the claim expires without replacement.
e) If prepayment is appointed for the coaching or consulting service (e.g. through PayPal) and the
appointment does not take place due to the fault of the client, the amount will not be refunded. To receive
a refund, the appointment must be canceled at least 24 hours in advance by email to
hello@expatsconsulting.de. The same applies to consultation hours that are booked on account. These
are also payable unless the appointment has been canceled at least 24 hours in advance by email to
hello@expatsconsutling.de.
f) Against claims of Birgit Heidenreich Business Consulting the customer can only offset counterclaims
that are undisputed or legally established or ready for decision.
6. Liability
The consultants of Birgit Heidenreich Business Consulting act in the conduct of counseling according to
the generally accepted principles of professional practice. The Birgit Heidenreich Business Consulting
is liable for damages only if intent or gross negligence can be proven, in the context of statutory
provisions.
Insofar as events, workshops or online events are carried out by Birgit Heidenreich Business Consulting,
these do not constitute advice and therefore do not replace individual advice. Therefore, liability for
events, workshops or online events is excluded.
7. Obligation to secrecy
The Birgit Heidenreich Business Consulting, their employees, and their appointed colleagues undertake
to maintain secrecy about any matters they become aware of in connection with their work for the client.
The Birgit Heidenreich Business Consulting ensures, by following the provisions of the Data Protection
Act, the obligation to safeguard data secrecy.
8. Right of withdrawal
Consumers are entitled to the statutory right of revocation, as described in the revocation.
Entrepreneurs are not granted a voluntary right of withdrawal. Further information on the right of
withdrawal can be found in the instructions on withdrawal of Birgit Heidenreich Business Consulting.
9. Final provisions
a) Changes or additions to these terms and conditions must be made in writing. This also applies to the
cancellation of this written form requirement.
b) These contract terms are subject to German law. If you are an entrepreneur, then German law applies
excluding the UN sales law. Mandatory provisions of the state in which a consumer has his habitual
residence remain unaffected.
c) If a consumer was domiciled or habitually resident in Germany at the time the contract was concluded
and either moved at the time the action was filed or his whereabouts are unknown at that time, the place
of jurisdiction for all disputes is the registered office of Birgit Heidenreich Business Consulting.
If a consumer is not domiciled or habitually resident in a member state of the European Union, the courts
at the registered office of Birgit Heidenreich Business Consulting are responsible for all disputes.
exclusively responsible.
d) If you are a merchant within the meaning of the German Commercial Code, a legal entity under public
law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual
relationships between us and you is our registered office.
e) Should individual provisions of this contract be ineffective or unenforceable or become ineffective or
unenforceable after the conclusion of the contract, the validity of the remainder of the rest remains
unaffected.
f) The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision
whose effects come closest to the economic purpose pursued by the contracting parties with the invalid
or unenforceable provision. The above provisions shall apply mutatis mutandis if the contract proves to
be incomplete.
