Terms and Conditions

Here, you can read about:

§ 1 General, Clientele, Contract Language

(1) Communicatio optima, Eva-Maria Schottdorf MD MSc, Emergency Physician, Author, and Trainer, Alte Hopfenpost, Hopfenstraße 8, 80335 Munich, Germany (hereinafter "service provider") offers customers on the website https://www.communicatio-optima.com/home
(hereinafter "website") to use certain services. All offers and services based on orders from my customers (hereinafter "customers") via the portal are subject to these general terms and conditions.

(2) In addition, I also sell gift cards via my portal (for more details, see Section 3 of the General Terms and Conditions).

(3) You can find Information on the service provider here https://www.communicatio-optima.com/legal-notice.

(4) The range of services on our portal is aimed equally at consumers and entrepreneurs.

For the purposes of these terms and conditions,

(a) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB) and

(b) is an entrepreneur a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity upon conclusion of the contract (§ 14 paragraph 1 BGB).

(4) The customer's terms and conditions do not apply, even if I do not separately object to their validity in individual cases.

(5) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. If there are any differences between the language versions, the German text takes precedence.

§2 Conclusion of Contract

(1) My Range of Services

Seminars for the Process Communication Model^® - PCM - a personality and communication model
Compilation of Process Communication Model ® – PCM – Personality Profiles using the international, standardised questionnaire and discussion of the profile one-on-one live or online, employing the accompanying documents
Seminars for Crew Resource Management (amongst others: teamwork, leadership, communication within the team, error management, human factors)
Seminars with fixed dates
Inhouse seminars for businesses and healthcare providers, such as hospitals and the emergency medical service
Self-published books, formats: ebooks, 3D flipbooks, print-on-demand in German and English about crew resource Management
Consulting for textbook authors focusing mainly on book production and publishing, marketing, publicity, as well as on the administration of an author-publisher´s business (for more details on that, please go to https://www.communicatio-optima.com/consulting-fuer-fachbuchautoren/)
Sale of gift cards (see § 3 of these General Terms and Conditions)

unless otherwise expressly stated, my portal is subject to change without notice and non-binding, unless the offer is designated as binding in writing.

Important note concerning the service ‘Consulting for specialist book authors’:

To find out whether consulting will help you in your situation as you imagine, I offer a non-binding 30-minute trial consultation online. During this free initial consultation, we will clarify questions about the process, content and payment options, as well as whether my services are suitable for you. You can view the individual contents of your trial consultation on my website.

If you wish, you can also pay for all your booked consulting appointments in advance. You can book my consulting appointments for either 30 minutes or 60 minutes (see https://www.communicatio-optima.com/en/consulting-for-textbook-authors/#8_Prices_and_Conditions_of_Your_Consulting).

Digital services and digital content have now been legally defined by the legislator in Section 327(2) of the German Civil Code (BGB).

I expressly point out that I do not guarantee or owe any specific success for the services I provide and do not accept any liability in this respect.

(2) My written order confirmation is decisive for the scope of the order and its execution.

(3) The customer's order constitutes an offer to the service provider to conclude a contract for the service ordered by the customer. If the customer places an order via the Internet or e-mail, they will receive an e-mail from the service provider confirming receipt of the order and listing the details of the order (order confirmation). This order confirmation does not yet constitute acceptance of the customer's offer, but merely informs them that their order has been received by the service provider.

(4) The order confirmation of a customer shall be deemed binding acceptance of the order contents specified in the confirmation. The customer shall be bound to an order signed by him and not yet accepted by me for 8 (eight) calendar days after dispatch. I shall be entitled to accept the offer within this period. The date on which my acceptance is received by the customer shall be decisive for compliance with the deadline.

(5) A contract with the customer shall only come into effect when the service provider accepts the order by sending a further email or by fax or post to the customer (declaration of acceptance). The acceptance period for an order is 8 (eight) days from receipt.

(6) The contractual provisions containing details of the agreed services, including these General Terms and Conditions, shall be handed over to the customer directly or sent by email upon acceptance of the contract offer or notification thereof. I do not store the contractual provisions.

(7) Jeder Kunde, der Verbraucher ist, ist berechtigt, das Angebot nach Maßgabe der besonderen Widerrufsbelehrung, die ihm im Rahmen der Bestellung auf meiner Website mitgeteilt wird, zu widerrufen.

§ 3 Purchase and Redemption of Gift Cards

(1) You can purchase various gift cards (single-purpose and multi-purpose gift cards) with fixed values via my portal. The gift cards can only be redeemed on my portal. Customers who provide the respective gift card and discount code can redeem the gift card within a period of three years. The period begins on the date stated on the gift card.

In the case of multi-purpose gift cards, VAT is only charged when the gift card is redeemed.

(2) The gift cards purchased by the customer relate to the services I offer, which are presented on my portal. In the event that the value of the gift card exceeds the value of the service purchased with it, the remaining credit balance shall be retained by the customer and can be used for further orders. Gift cards and remaining credit balances can be redeemed for up to three years.

(3) Please note that the gift card value cannot be paid out and no interest is paid on the credit balance. Customers are permitted to transfer gift cards to third parties. The purchase of gift cards cannot be combined with discount promotions.

(4) Gift card and discount codes can only be used once and cannot be combined with other discounts.

§ 4 Term of Contract/Seminar Dates

(1) The duration of the contract and the time of the service result from the specific agreements between me and the customer.

(2) Seminars on fixed dates within the meaning of § 2 (1) are published on the portal by the service provider 6 (six) months in advance.

In-house seminars are individually coordinated and agreed with the customer.

(3) The customer is entitled to cancel the seminar. In this case, the service provider requires reasonable compensation. The service provider lumps its claim for compensation as follows:

a) Cancellation of participation in the booked seminar 59 to 30 days before the start of the seminar: 30% of the agreed price,

b) Cancellation of participation in the booked seminar 29 to 14 days before the start of the seminar: 30% of the agreed price,

c) Cancellation of participation in the booked seminar 13 to 7 days before the start of the seminar: 40% of the agreed price,

d) Cancellation of participation in the booked seminar 6 days before the start of the seminar: 90% of the agreed price,

if the customer does not expressly prove that the service provider has not suffered any damage or that it is significantly lower than the flat-rate compensation.

In the event that the customer withdraws from the contract at short notice (5 days to 1 day before the start of the seminar) or does not appear at the agreed place on the day of the seminar, the agreed price is due in full. The service provider expressly reserves the right to claim related damages.

(4) The right to terminate the contract for an important reason remains unaffected.

§ 5 Hindrance of the Service Provider/Force Majeure

(1) If the service provider sees any circumstances of any kind hindering the execution of an individual order, she will inform the customer in writing in good time. If the hindering circumstances are not the responsibility of the service provider, the contracting parties will agree on a reasonable postponement of the agreed seminar dates. If the timely written notification is omitted, the service provider cannot later refer to these circumstances.

If no agreement can be reached between the service provider and the customer, the customer is entitled to withdraw from the contract and payments already made will be reimbursed.

(2) If a specified minimum number of participants is not reached, the service provider is entitled to withdraw from the contract if the minimum number of participants is indicated in the service description on the portal and the declaration of acceptance (booking confirmation) for the corresponding seminar.

(3) The service provider reserves the right to hire a replacement coach if there are factual reasons for this. There are factual reasons in particular if the service provider is ill herself and cannot provide the service ordered by the customer.

(4) In cases of force majeure, the contracting party concerned is released from the obligation to perform for the duration and to the extent of the effect.

Force majeure is any event outside the sphere of influence of the respective contracting party by which it is prevented, in whole or in part, from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts, as well as malfunctions not caused by it or official orders.

The affected party will immediately notify the other party of the occurrence and cessation of force majeure and will use its best efforts to remedy the force majeure and limit its effects as far as possible.

In the event of force majeure, the contracting parties will agree on how to proceed and determine whether, after their termination, the services not performed during this period should be delivered. Regardless of this, each contracting party is entitled to withdraw from the affected orders if the force majeure has lasted more than four weeks since the agreed service date. The right of each contracting party to terminate the contract for an important reason in the event of force majeure that lasts longer remains unaffected.

(1) For the duration of the contract, the provider grants the customer the non-exclusive (simple), non-transferable, non-sublicensable, spatially unrestricted right to use the contractual services within the scope of the respective contract purpose. There is no physical transfer of the contractual tools of the website construction kit outside of the IT infrastructure of the provider. The subject of this right of use is internet-based access to the website builder and any content made available within the website builder. The right of use also relates to new versions, updates or upgrades of the services imported by the provider during the term of the contract. However, the provider is not obliged to provide new versions, upgrades or updates, unless this is absolutely necessary to remedy the defect or maintain the contractual service.

(2) The customer is obliged to indemnify the provider from all claims by third parties based on the illegal use of the contractual services of the provider by the customer. The above obligation only applies if the customer is responsible for the violation. If the customer recognizes or has to recognize that such a violation is imminent, there is an obligation to inform the provider immediately.

§ 6 Ownership and Rights of Use

(1) The service provider reserves the ownership or copyright of all offers and cost estimates submitted by it as well as leaflets, illustrations, brochures, catalogs and other documents and aids made available to the customer. Without the express consent of the service provider, the customer may not make such objects or their contents accessible to third parties, disclose them, use them himself or through third parties, or reproduce them. At the service provider's request, he must return these items in full to the service provider and destroy any copies that may have been made if they are no longer required in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. The exception to this is the storage of electronically available data for the purpose of normal data backup.

(2) The customer receives at the time of delivery materials, documents and documents (hereinafter referred to as “materials”) that were delivered by the service provider or otherwise brought into the seminar and that were already in place before the order was placed or the inclusion of these materials in a seminar a simple right of use, which the use for the purpose of holding the seminar.

§ 7 Prices, Terms of Payment, Offsetting

(1) The current prices stated in my adverts and/or on my website shall apply. All prices are in euros and do not include VAT. The scope of services is stated for my seminars on my portal under "CRM & PCM Seminars" and for the individual PCM personality profiles under "Your individual personality profile".

(2) The price for the booked service "Process Communication Model ® - PCM" - Personality Profile is due immediately upon ordering and is payable without deduction, unless otherwise agreed in writing. All other claims are due upon receipt of the invoice and are payable without deduction.

I offer the following payment options:

a) For the sale of e-books, 3DFlipbooks and print-on-demand:

Prepayment/bank transfer:
If you have opted for prepayment, you must pay the agreed price into my account. I will send you my bank details by email.
SEPA direct debit::
With this method, you authorise me to collect payments/a payment from your account by direct debit. At the same time, you instruct your payment service provider to honour the direct debits I have drawn on your account.
Note: You can request a refund of the debited amount within eight weeks of the debit date. The terms and conditions agreed with your payment service provider apply.
Credit Card:
If you select this payment method, the invoice amount is due immediately upon conclusion of the contract, and your credit card will be charged immediately after you place your order in the online shop. Credit card payments are processed in cooperation with (name and address of the company). If you choose this payment method, I use the ‘SSL’ transfer procedure to encrypt your personal data.
Invoice, regular customers only.

b) For Consulting for Textbook Authors:

Prepayment/bank transfer:
In this case, you must pay the agreed price into my account before the first appointment. If you have booked several appointments, you must pay the agreed price for each subsequent appointment into my account. I will send you my bank details by email.
Sales tax does not apply, for example, to business customers from abroad who are required to pay a corresponding tax in their country.

I reserve the right to exclude certain payment methods.

(3) In the event that the customer fails to pay when due, the outstanding amounts shall be subject to interest at 5% points above the base rate from the due date; If the customer is an entrepreneur, the outstanding amounts are to bear interest at 9% points above the base rate from the due date. The assertion of higher interest and further damage in the event of delay remains unaffected.

(4) Offsetting against counterclaims of the customer or withholding payments due to such claims is only permitted if the counterclaims are undisputed or legally binding or arise from the same order under which the service in question was performed.

§ 8 Retention of Ownership, Terms of Delivery, Warranty

(1) The goods remain my property until full payment has been made.

(2) I shall deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and will be shown separately on the invoice.

(3) If the goods purchased from me and delivered are defective, you are entitled, within the scope of the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.

§ 9 Right of Withdrawal

As a consumer, you have a right of withdrawal for contracts concluded outside of business premises and for distance selling contracts.

9.1. Right of Withdrawal (Purchase of Goods))

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must contact me

Communicatio optima

Eva-Maria Schottdorf MD MSc

Alte Hopfenpost

Hopfenstraße 8

80335 Munich

Tel.: +49 (0)1577/8913707

Email service@communicatio-optima.com

inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period expires.

CONSEQUENCES OF THE WITHDRAWAL

If you withdraw from this contract, I shall reimburse you for all payments I have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by me), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. I will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged for this refund.

If you have requested that the services should start during the cancellation period, you have to pay me a reasonable amount, which is the proportion of the services already rendered in the service up to the point in time when you inform me of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided in the contract.

ADDITIONAL INFORMATION

The right of withdrawal expires in the case of a contract for the provision of services even if the entrepreneur has rendered the service in full and has only started to perform the service after the consumer

has expressly agreed that the entrepreneur begins the execution of the contract before the cancellation period expires and
her or his knowledge has confirmed that her or his consent loses her or his right of withdrawal at the start of the execution of the contract.

End of Cancellation Policy

9.2. Right of Withdrawal (Service)

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must contact me

Communicatio optima

Eva-Maria Schottdorf MD MSc

Alte Hopfenpost

Hopfenstraße 8

80335 Munich

Tel.: +49 (0)1577/8913707

Email service@communicatio-optima.com

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period expires.

CONSEQUENCES OF THE WITHDRAWAL

ADDITIONAL INFORMATION

The right of withdrawal expires in the case of a contract for the provision of services

in the case of a contract that does not oblige the consumer to pay a price, if the trader has provided the service in full,

in the case of a contract that obliges the consumer to pay a price, upon full provision of the service, if the consumer has expressly agreed before the start of the provision

a) has expressly agreed that the entrepreneur begins the execution of the contract before the cancellation period expires and

in the case of a contract concluded outside of business premises, has transmitted the consent referred to in letter a) on a durable medium and

has confirmed his or her knowledge that his or her right of withdrawal expires upon complete fulfilment of the contract by the trader.

End of Cancellation Policy

9.3. Right of Withdrawal (Digital Products)

You have the right to cancel this contract within fourteen days without giving any reason.

Important note: Once you have started downloading the digital product, your right of withdrawal expires.

The cancellation period is fourteen days from the day the contract is concluded

To exercise your right of withdrawal, you must contact me

Communicatio optima

Dr. med. Eva-Maria Schottdorf MSc,

Alte Hopfenpost

Hopfenstraße 8

80335 Munich

Tel.: +49 (0) 1577/8913707

Email service@communicatio-optima.com

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period expires.

CONSEQUENCES OF THE WITHDRAWAL

ADDITIONAL INFORMATION

The right of withdrawal expires in the case of a contract for the delivery of digital content that is not stored on a physical data carrier, even if the entrepreneur has begun to execute the contract after the consumer

1 ) has expressly agreed that the entrepreneur begins the execution of the contract before the cancellation period expires and

2 ) her or his knowledge has confirmed that her or his consent loses her or his right of withdrawal at the start of the execution of the contract.

3 ) the entrepreneur provides the consumer with a confirmation that meets the requirements of Section 312f of the German Civil Code (BGB).

End of Cancellation Policy

Model Withdrawal Form

(If you want to cancel the contract, please fill in this form and send it back.)

Communicatio optima

Eva-Maria Schottdorf MD MSc

Alte Hopfenpost

Hopfenstraße 8

80335 Munich

Email service@communicatio-optima.com

I / we (°) hereby cancel the contract concluded by me / us (°) for the purchase of the following goods (°) / the provision of the following service (°)

Ordered on (°) / received on (°)
Name of the consumer
Address of the consumer
Signature of the consumer,( for notification on paper only)
Date

Delete where inapplicable.

§ 10 Secrecy

(1) The parties undertake to treat all information and documents received from the other party in connection with the performance of the contract as confidential and to use them only for contractually agreed purposes. Information and documents belonging to the other party may only be disclosed or made accessible to persons who need the information and documents to fulfil the contract and who are themselves contractually bound to maintain confidentiality. The disclosure of information and documents belonging to the other party to third parties requires the prior written consent of the other party.

(2) I undertake to maintain confidentiality regarding everything that is entrusted to me or made accessible to me in the course of my professional activities. I will instruct any assistants, interns and helpers regarding their duty of confidentiality and will also record this in writing.

My obligation to maintain confidentiality also applies to my family members.

I may only disclose confidential customer data if the customers have released me from my duty of confidentiality.

§ 11 Access to Digital Products

Digital products are provided to the customer exclusively in electronic form by means of activation.

The customer will receive the access data for the digital product either by email after payment has been made or will be redirected to the download page directly via the shop.

§ 12 Infringements of Property Rights

(1) The customer shall indemnify me at their own expense for all third-party claims arising from infringements of property rights for which the customer is responsible in connection with the transmission of image and text material within the United Kingdom. I shall inform the customer immediately of any third-party claims asserted. If I do not inform the customer immediately of the claims asserted, the indemnification claim shall lapse.

(2) In the event of infringements of property rights, the customer may – without prejudice to any claims for damages on my part – at their own discretion and at their own expense, with regard to the service concerned

make changes, after prior consultation with me, to ensure that there is no longer any infringement of property rights, or
acquire the necessary rights of use for me.

§ 13 Liability Limitation

(1) I shall only be liable for damages caused intentionally or through gross negligence, or in the event of a culpable breach of a material contractual obligation or cardinal obligation, or in the event of non-fulfilment of a guarantee, or if I have fraudulently concealed a defect.

A ‘cardinal obligation’ within the meaning of this provision is an obligation on my part, the fulfilment of which is essential for the proper execution of the contractual relationship between the parties, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which the customer regularly relies.

(2) In the event of a breach of a material contractual obligation or cardinal obligation attributable to simple negligence, my liability shall be limited to the typically foreseeable damage.

(3) Any further liability on my part is excluded. The above exclusions of liability do not apply in the event of culpable injury to life, limb or health. Liability under the German Product Liability Act remains unaffected by these General Terms and Conditions.

(4) The above limitations of liability shall also apply in favour of any legal representatives and vicarious agents involved on my part.

(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. I am therefore not liable for the constant and uninterrupted availability of my website.

§ 14 Data Privacy

(1) My quality standards include handling customers' personal data (hereinafter referred to as ‘personal data’) in a responsible manner. I therefore only collect, store and process personal data arising from the contractual relationship to the extent that this is necessary for the contractual provision of services and permitted by law, or required by law. I will treat customers' personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties.

(2) Beyond this, I only use customers' personal data if the customer has expressly consented to this. Customers may revoke their consent at any time.

(3) The customer is aware that, in order to implement pre-contractual measures and fulfil the contractual relationship, the collection, processing and use of, among other things, their name, consumer or business status, address, date of birth and bank details is necessary on the basis of Article 6(1)(b) of the GDPR.

(4) I shall comply with the relevant legal provisions, in particular the General Data Protection Regulation (GDPR), with regard to the customer's personal data.

(5) Apart from that, I refer to my Privacy Policy.

§ 15 Final Clause

(1) Unless expressly stated otherwise in these General Terms and Conditions, all declarations must be made in writing or by e-mail. My e-mail address is: service@communicatio-optima.com. My address is: Communicatio optima, Eva-Maria Schottdorf MD MSc, Alte Hopfenpost, Hopfenstraße 8, 80335 Munich. Contact details are subject to change. In the event of such a change, I will inform the customer accordingly.

(2) The contract between me and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory provisions of international private law. However, if the customer is a consumer and has their habitual residence in another country, they shall retain the protection afforded by the relevant provisions of the country of residence, from which no deviation is permitted by agreement.

(3) If the customer is a merchant within the meaning of Section 1 (1) HGB, a legal entity under public law or a special fund under public law, the Hartha courts are solely responsible for all disputes arising from or in connection with the contractual relationship in question. In all other cases, I or the customer can bring an action before any court that has legal jurisdiction.

(4) I would like to point out that, as a consumer, you have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013 in addition to the ordinary legal process. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr.

My email address is: service@communicatio-optima.comI point out in accordance with § 36 VSBG that I am not obliged to participate in an extrajudicial dispute settlement procedure before a consumer arbitration board.

(5) Should a provision of these general terms and conditions be or become ineffective, the legal validity of the remaining provisions remains unaffected. Instead of the ineffective provision, an effective provision is deemed to have been agreed which comes closest to the economic one desired by the parties.

November 2024