General Terms and Conditions of Claruna Business Consulting GmbH (Version 1.0, September 2024)
- Scope
These General Terms and Conditions (“GTC”) apply to the entire business area of Claruna Business Consulting GmbH (hereinafter “Company”). The Company provides consulting services, coaching, and training in the areas of personal development, strategy, executive development, organizational development for companies, NGOs, and individuals. The Company also organizes and conducts related seminars. Additionally, the Company writes blog posts, articles, and books in the aforementioned areas. - Contract Conclusion
The contract is concluded through the acceptance of the Company’s offer regarding the provision of services by the customer. The contract is also concluded if the customer uses the services offered by the Company. - Prices
Unless otherwise stated, all prices are in Euros (EUR). All prices are exclusive of applicable VAT. Prices are exclusive of any additional applicable taxes. The Company reserves the right to change prices at any time. The prices valid at the time of contract conclusion apply. - Payment
The Company offers the following payment options: invoice, credit card, PayPal, prepayment. The customer is obliged to pay the invoiced amount within 30 (thirty) days from the invoice date. If the invoice is not paid within the specified payment period, the customer will be reminded. If the customer does not pay within the reminder period, they automatically fall into arrears. From the time of default, the customer owes default interest of 5% (five percent). Offsetting the invoiced amount with any claim of the customer against the Company is not permitted. The Company has the right to refuse delivery or service provision in the event of payment default. - Company Obligations
5.1. Service Provision
Unless otherwise agreed, the Company fulfills its obligations by providing the agreed service. If no further provisions are made, the place of performance is the Company’s registered office.
5.2. Auxiliary Persons
The parties have the explicit right to involve auxiliary persons to fulfill their contractual obligations. They must ensure that the involvement of auxiliary persons complies with all mandatory legal provisions and applicable collective labor agreements. - Customer Obligations
The customer is obliged to take all necessary measures for the provision of the service by the Company promptly. The customer must make the arrangements at the agreed location, time, and extent. Depending on the circumstances, this includes providing suitable information and documents to the Company. - Non-solicitation and Hiring Ban
The customer may not, without the explicit written consent of the Company, recruit or hire the Company’s employees or other auxiliary persons either for themselves or for a third party. Even after the end of the contractual relationship, the customer is prohibited from directly or indirectly employing the Company’s employees or auxiliary persons. This prohibition applies for up to one year after the end of the contractual relationship and is limited to the employee’s or auxiliary person’s area of activity. - Warranty
The Company guarantees that the agreed services will be performed with industry-standard quality. - Liability
Liability for any indirect damage and consequential damages is fully excluded. Liability for direct damages is limited to the sale price of the service. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obliged to report any damages to the Company immediately. Any liability for auxiliary persons is fully excluded. - Intellectual Property Rights
All rights to the products, services, and any trademarks are held by the Company or it is authorized to use them by the owner. Neither these GTC nor related individual agreements transfer any intellectual property rights unless explicitly mentioned. Additionally, any further use, publication, and dissemination of information, images, texts, or other materials obtained in connection with these terms is prohibited unless explicitly approved by the Company. If the customer uses content, texts, or images related to the Company for which third parties hold a right, the customer must ensure that no third-party rights are infringed. - Data Protection
The Company may process and use the data collected in the course of the contract to fulfill its contractual obligations. The Company takes measures to secure the data according to legal requirements. The customer agrees to the storage and contractual use of their data by the Company and is aware that the Company is obligated and entitled to disclose information from the customer to courts or authorities. If not explicitly prohibited by the customer, the Company may use the data for marketing purposes. Data necessary for performance may also be passed on to commissioned service partners or other third parties. - Changes
These General Terms and Conditions may be changed by the Company at any time. The new version will come into effect 30 (thirty) days after the Company’s notice. For customers, the version of the GTC that is in effect at the time of contract conclusion generally applies unless the customer has agreed to a newer version of the GTC. - Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts that specify these GTC take precedence over these GTC. - Severability Clause
If a provision of this contract or an annex to this contract is or becomes invalid, the validity of the remaining provisions of the contract shall not be affected. The contracting parties will replace the invalid provision with a valid provision that most closely approximates the intended economic purpose of the invalid provision. The same applies to any contractual gaps. - Confidentiality
Both parties, as well as their auxiliary persons, agree to treat all information submitted or acquired in connection with the services confidentially. This obligation remains in effect even after the contract has ended. - Force Majeure
If timely performance by the Company, its suppliers, or third parties is made impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, severe weather, thunderstorms, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents, reactor damage, and failure or significant delay of public transport, the Company is released from fulfilling the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts more than 30 (thirty) days, the Company may withdraw from the contract. The Company must fully refund any payments already made by the customer. Any further claims, particularly for damages due to force majeure, are excluded. - Applicable Law / Jurisdiction
These GTC are governed by Swiss law. Unless mandatory legal provisions prevail, the court at the Company’s registered office is responsible. The Company is free to file a lawsuit at the defendant’s location. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.