{"id":31804,"date":"2024-10-01T12:35:02","date_gmt":"2024-10-01T10:35:02","guid":{"rendered":"https:\/\/creatinghealth.de\/agb\/"},"modified":"2026-09-01T13:49:21","modified_gmt":"2026-09-01T11:49:21","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/creatinghealth.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<h1 data-pm-slice=\"1 1 []\">General Terms and Conditions (GTC) of COMMIT GmbH<\/h1>\n<p>As of June 2026 (June 17, 2026)<\/p>\n<h2>\u00a71 General Provisions<\/h2>\n<p>(1) These General Terms and Conditions (hereinafter referred to as \u201cGTC\u201d) apply to all offers, deliveries, and services between COMMIT GmbH (hereinafter referred to as \u201cCOMMIT\u201d) and the purchaser. COMMIT does not recognize any deviating, conflicting, or supplementary General Terms and Conditions of the purchaser, unless COMMIT has expressly agreed to their validity in writing. These GTC shall also apply if a delivery is made with knowledge of the purchaser\u2019s deviating or conflicting terms and conditions.  <\/p>\n<p>(2) These General Terms and Conditions apply exclusively and also to all future transactions between COMMIT and the Purchaser, without the need for further notice. Any transfer of the purchaser\u2019s rights arising from the contractual relationship\u2014for example, to the purchaser\u2019s legal successor\u2014is permitted only with the prior written consent of COMMIT. <\/p>\n<p>(3) If, in individual cases, special provisions deviating from these terms and conditions are agreed upon in writing for specific deliveries\u2014in particular, service and warranty agreements\u2014these General Terms and Conditions shall apply on a subordinate and supplementary basis.<\/p>\n<p>(4) The rights and obligations of the purchaser and COMMIT apply regardless of how the purchase price is financed, even if COMMIT assisted the purchaser in obtaining financing or otherwise arranged it. <\/p>\n<p>(5) These General Terms and Conditions also apply to all seminars and events organized by COMMIT GmbH.<\/p>\n<h2>\u00a72 Conclusion of the Contract<\/h2>\n<p>(1) The presentation in our sales catalogs and on our websites does not constitute an offer to enter into sales contracts in the legal sense, but is intended solely to make it easier for the purchaser to obtain information about our products and to order the products displayed there. A legally binding sales contract between COMMIT and the purchaser is concluded through the following methods: <\/p>\n<ul>\n<li>Sales Contract Concluded by Telephone<\/li>\n<li>A written sales contract (sent by mail or email)<\/li>\n<li>In writing using an official order form<\/li>\n<\/ul>\n<p>(2) With every order placed with COMMIT\u2014regardless of which of the methods described above is used (see \u00a72 (1))\u2014the purchaser agrees to be bound by these Terms and Conditions and submits a binding order for the purchase of the goods. <\/p>\n<p>(3) COMMIT reserves all full and unrestricted rights of ownership, copyright, and other intellectual property rights to all illustrations, drawings, calculations, or other representations contained in its documents. These may not be made available to third parties in any way unless COMMIT has expressly consented in writing in advance, naming the third party specifically. <\/p>\n<p data-pm-slice=\"1 1 []\">(4) For events and seminars, the event program constitutes a non-binding invitation to the customer to enter into a contract. By submitting the registration form, the customer makes a binding offer. <\/p>\n<p>(5) Applications may be submitted online, by fax, by mail, or by phone, and will be processed in the order in which they are received.<\/p>\n<p>(6) The provider may accept this offer within ten (10) business days by sending a confirmation of registration.<\/p>\n<h2>\u00a73 Repairs and Cost Estimates for Repairs<\/h2>\n<p>(1) Cost estimates that are not followed by a repair order are subject to a fee if COMMIT expressly states this prior to issuing the cost estimate.<\/p>\n<p>(2) Our services (travel, diagnosis, and labor) are billed on a time-and-materials basis.<br \/>\nPlease note that these services will be billed even if a repair cannot be performed or can only be partially performed.<\/p>\n<div>\n<p>(3) If appointments that have already been scheduled are canceled by the customer on short notice (less than 48 hours in advance), the travel fee will be charged.<\/p>\n<p>&nbsp;<\/p>\n<\/div>\n<h2>\u00a74 Pricing and Payment Terms<\/h2>\n<p>(1) All prices quoted are ex works and do not include the costs of shipping packaging and delivery. This means that the purchaser is also responsible for the costs necessary for the safe transport of the products, unless otherwise agreed in advance. <\/p>\n<p>(2) The purchaser shall pay the value-added tax at the rate prescribed by law on the date the delivery is made; any subsequent changes in the law shall result in an additional charge or a refund in accordance with the applicable legal provisions.<\/p>\n<p>(3) All payments are due within 7 days of receipt of the goods, in accordance with the invoice issued, unless a different payment term has been agreed upon in writing.<\/p>\n<h2>\u00a75 Late Payment, Setoff<\/h2>\n<p>(1) In the event of late payment, the purchaser shall pay late payment interest at a rate of 7.27 percent, pursuant to Section 288(1) of the German Civil Code (BGB). If the purchaser is a merchant, the (default) interest rate is 11.27 percent, pursuant to Section 288(2) of the German Civil Code (BGB). If COMMIT GmbH is able to prove that it has incurred higher damages as a result of the default, it is entitled to claim such damages. However, the purchaser is entitled to prove to COMMIT GmbH that no damage, or only significantly less damage, was incurred as a result of the delay in payment.     <\/p>\n<p data-pm-slice=\"1 1 []\">(2) The participation fee for events is due in full, without any deductions, 21 days before the start of the event, upon receipt of the invoice. The obligation to pay applies regardless of actual participation in the seminars, unless such non-participation is due to the provider\u2019s fault. <\/p>\n<p>(3) Payment can be made by advance bank transfer to the provider&#8217;s account.<\/p>\n<p>(4) The prices listed on the Provider\u2019s website and in its printed materials as of the date the contract is concluded shall apply. Prices include the applicable sales tax. The participation fee covers the costs of attendance, materials, and refreshments during breaks. Unless otherwise stated, lodging is not included in the participation fee.   <\/p>\n<h2>\u00a76 Delivery and Delivery Timeframe<\/h2>\n<p>(1) COMMIT GmbH is entitled to make partial deliveries to a reasonable extent.<\/p>\n<p>(2) If COMMIT is not responsible for a permanent obstacle to delivery (in particular, force majeure or failure of its own suppliers to deliver, even though a corresponding hedging transaction was executed in a timely manner), COMMIT shall have the right to withdraw from the contract with the purchaser to that extent. The purchaser shall be notified of this without delay, and any consideration received\u2014in particular, payments\u2014shall be refunded. <\/p>\n<p>(3) If, after COMMIT has defaulted, the purchaser grants COMMIT a reasonable grace period, the purchaser is entitled to rescind the contract upon the expiration of that grace period.<\/p>\n<p>(4) Unless otherwise expressly agreed, the risk in the sale of goods shall not pass to the purchaser until the goods are delivered to the purchaser by the carrier, the postal service, or any other third party designated to carry out the shipment.<\/p>\n<p>(5) COMMIT shall determine the shipping method, unless otherwise agreed.<\/p>\n<h2>\u00a77 Right of Withdrawal<\/h2>\n<p>(1) Consumers may withdraw from the contract in writing (e.g., letter, fax, email) within 14 days without providing a reason. The period begins no earlier than upon receipt of this notice. To meet the withdrawal deadline, it is sufficient to send the notice of withdrawal in a timely manner. The notice of withdrawal must be sent to: COMMIT GmbH, Dieselstra\u00dfe 7, 38259 Salzgitter, Fax: +49 5341 22 54 9029, Email: bestellungen@creatinghealth.de   <\/p>\n<p>(2) There is no right of return for sealed goods that, for reasons of health protection or hygiene, are not suitable for return once the seal has been broken (e.g., opened products).<\/p>\n<p>(3) This cancellation policy applies exclusively to consumers (Section 13 of the German Civil Code (BGB)).<\/p>\n<h2>\u00a78 Cancellation of Events<\/h2>\n<p data-pm-slice=\"1 1 []\">(1) Cancellation of the contract must be made in writing (letter, email, or fax). In the event of cancellation, for any reason, the following fees will be charged: <\/p>\n<ul data-spread=\"false\">\n<li>60\u201345 days before the event begins: 10% of the event price<\/li>\n<li>44\u201315 days before the event begins: 30% of the event price<\/li>\n<li>14\u20134 days before the event begins: 50% of the event price<\/li>\n<li>3 &#8211; 1 day(s) before the event begins: 75% of the event price<\/li>\n<\/ul>\n<p>(2) The date on which the provider receives the written notice of withdrawal is decisive.<\/p>\n<p>(3) A registered participant may be represented by another person if a substitute participant who meets the target audience criteria is nominated to attend the event and pay the participation fee. The provider must be notified of the substitute\u2019s name in writing without delay. <\/p>\n<h2 data-pm-slice=\"1 1 []\">\u00a79 Cancellation of Seminars, Right to Make Changes<\/h2>\n<p>(1) The Provider reserves the right to cancel the event no later than 10 days before the scheduled event date if the minimum number of participants is not reached, or for other important reasons beyond the Provider\u2019s control (e.g., sudden illness of the speaker, force majeure). The participant will be notified of this at short notice and in writing. <\/p>\n<p>(2) Participation fees already paid will be refunded in the event that a seminar is canceled. Further claims for liability and damages that do not involve injury to life, limb, or health are excluded, unless there is intent or gross negligence. No liability is assumed for indirect damages, in particular lost profits, travel expenses incurred, or claims by third parties.  <\/p>\n<p>(3) The provider is entitled to make necessary changes or deviations regarding content, methodology, and organization before or during the event, provided that such changes do not materially alter the value of the advertised event for the participant.<\/p>\n<p>(4) The provider is entitled to replace the designated speakers with other speakers qualified in the seminar topic if there is a valid reason, such as illness or accident. Any claim for damages in this regard is excluded. <\/p>\n<h2>\u00a710 Warranty for Material Defects<\/h2>\n<p>(1) COMMIT warrants the delivered products to the extent that it will, at its option, either repair or replace free of charge any products that prove to be defective as a result of circumstances existing at the time of transfer of risk. As a general rule, three attempts at repair are considered reasonable. <\/p>\n<p>(2) If COMMIT is unwilling or unable to repair or replace the goods, if the repair or replacement is delayed beyond a reasonable period for reasons attributable to COMMIT, or if the repair or replacement fails for other reasons, the purchaser may, at its option, demand a reduction in the price (price reduction) or rescission of the contract (withdrawal). If the purchaser chooses to withdraw from the contract, it shall not be entitled to any additional damages. <\/p>\n<p>(3) However, in the case of only a minor breach of contract\u2014in particular, in the case of only minor defects\u2014the purchaser is not entitled to rescind the contract. With regard to the quality of the goods, only the manufacturer\u2019s product description shall be deemed to have been agreed upon. Public statements, promotional claims, advertising, and illustrations in catalogs or brochures do not constitute a contractual specification of the goods\u2019 quality.  <\/p>\n<p>(4) The purchaser expressly acknowledges and confirms that any modifications or additions to the products not made by COMMIT, and any use of the Products in conjunction with third-party products\u2014with the exception of third-party products validated or approved by COMMIT\u2014is at the Purchaser\u2019s own risk, and COMMIT shall not be liable for any resulting damages or losses. The foregoing limited warranty does not apply if a defect or malfunction is attributable to wear and tear, alterations, modifications, external influences, misuse, tampering, negligence, improper use, or other causes not resulting from defects in materials or workmanship. <\/p>\n<p>(4) In the case of a commercial transaction, warranty claims are contingent upon the purchaser having fulfilled the obligations to inspect and give notice of defects owed under \u00a7377 of the German Commercial Code (HGB).<\/p>\n<h2>\u00a711 Liability of COMMIT GmbH<\/h2>\n<p>(1) If the product has a defect for which COMMIT is responsible, COMMIT is entitled, at its own discretion, to remedy the defect or provide a replacement. The purchaser must, after prior consultation with COMMIT, allow the necessary time and opportunity for COMMIT to carry out all repairs and replacement deliveries deemed necessary; otherwise, COMMIT shall be released from liability for any resulting consequences. If such rectification fails after performance, the purchaser is entitled, at its discretion, to rescind the contract or to reduce the purchase price by notifying COMMIT.  <\/p>\n<p>(2) Unless otherwise specified below, any further claims by the purchaser\u2014regardless of their legal basis\u2014are excluded. COMMIT is therefore not liable for damages that did not occur to the product itself. In particular, COMMIT is not liable for lost profits or other financial losses suffered by the purchaser. The foregoing limitation of liability does not apply to injury to life or limb if the cause of the damage is attributable to willful misconduct or gross negligence on the part of COMMIT or its vicarious agents, or if a material contractual obligation (so-called \u201ccardinal obligation\u201d) is breached. If COMMIT breaches a material contractual obligation (so-called \u201ccardinal obligation\u201d), its liability for property damage and personal injury is limited to the amount covered by its existing product liability insurance.    <\/p>\n<p>(3) The warranty period is 12 months from the date of delivery.<\/p>\n<p>(4) Furthermore, COMMIT\u2019s warranty and any other liability shall apply only if a functional test of the new or repaired product\u2014which may be deemed necessary\u2014has been performed by COMMIT or by an authorized person acting in agreement with COMMIT, and the persons commissioned by the purchaser have been instructed in the proper handling, use, and operation of the product, as well as in its permissible connection to other products, objects, and accessories. Furthermore, the warranty applies only if the operation and use of the newly purchased or repaired product are carried out exclusively by persons who possess the necessary training, knowledge, and experience, or if the maintenance and servicing of the repaired item are performed by qualified persons or carried out at facilities in accordance with the manufacturer\u2019s instructions. <\/p>\n<p>(5) In particular, no warranty is provided for normal wear and tear, improper or negligent handling, failure to perform proper maintenance, or the use of unsuitable operating materials. If the purchaser or a third party performs improper repairs, COMMIT shall not be liable for any resulting consequences. The same applies to modifications made to the product without COMMIT\u2019s prior consent. If it is determined that either there is no defect on the part of the company or that the damage to be repaired was caused by negligence or misuse on the part of the purchaser or its agents, employees, or customers, the purchaser agrees to bear all costs associated with such repairs.   <\/p>\n<p>(6) The purchaser must prove that the conditions for a claim under the warranty for defects are met, in particular with respect to the defect itself, the time at which the defect existed, and the timeliness of the notice of defect.<\/p>\n<p>(7) Furthermore, COMMIT\u2019s liability for damages, regardless of the legal basis\u2014in particular for breaches of duty arising from contractual obligations or torts, and specifically for claims arising from product liability\u2014is excluded, unless such claims are expressly granted in these Terms and Conditions or by COMMIT.<\/p>\n<p>(8) The provisions set forth in \u00a7 11 (7) do not apply to claims under \u00a7 1, 4 of the Product Liability Act, in cases of willful misconduct or gross negligence. The same applies in cases of initial inability to perform or impossibility for which the party is responsible.  <\/p>\n<p>(9) To the extent that COMMIT\u2019s liability is excluded or limited, this also applies to the personal liability of COMMIT\u2019s employees, staff members, representatives, and agents.<\/p>\n<p>(10) Claims by the purchaser against COMMIT are subject to a 12-month statute of limitations. This does not apply to claims arising from tort that are not based on defects in the delivered goods or services. The statutory provisions govern the commencement of the statute of limitations.  <\/p>\n<p data-pm-slice=\"1 1 []\">(11) The provider is not liable for the loss or theft of personal belongings brought into the seminar rooms.<\/p>\n<p>(12) No liability is assumed for the success intended by the event (such as admission to exams, passing exams, etc.) on the part of the participants.<\/p>\n<h2>\u00a712 Retention of Title<\/h2>\n<p>(1) COMMIT retains title to the goods sold until all payments under the sales contract have been received. In the event of a breach of contract by the purchaser, particularly in the event of a delay in payment, COMMIT is entitled to repossess the purchased item to secure its claims. Such repossession does not constitute a withdrawal from the contract; however, the seizure of the item by COMMIT always constitutes a withdrawal from the contract.  <\/p>\n<p>(2) The purchaser is obligated to treat the item with care and to protect it, at his or her own expense, against potential damage\u2014such as environmental factors, theft, water damage, fire damage, and the like.<\/p>\n<p>(3) The purchaser is obligated to notify COMMIT immediately in writing of any attachments or other interventions by third parties so that COMMIT may file a lawsuit pursuant to \u00a7771 of the German Code of Civil Procedure (ZPO). The purchaser shall be liable to COMMIT for any damages incurred if the third party is unable to reimburse COMMIT for the judicial and extrajudicial costs of the action pursuant to Section 771 of the German Code of Civil Procedure (ZPO).   <\/p>\n<h2>\u00a713 Assignment \/ Transfer<\/h2>\n<p>The purchaser\u2019s rights and obligations arising from these General Terms and Conditions may not be transferred to third parties without COMMIT\u2019s prior written consent.<\/p>\n<h2>\u00a714 Place of Performance and Jurisdiction<\/h2>\n<p>(1) The place of performance is COMMIT\u2019s registered office in 38259 Salzgitter, unless otherwise specified in these Terms and Conditions.<\/p>\n<p>(2) The place of jurisdiction for all legal disputes arising from this contract with registered merchants as purchasers is the registered office of COMMIT in 38259 Salzgitter; COMMIT is also entitled to sue the purchaser at the purchaser\u2019s place of residence or registered office.<\/p>\n<p>(3) The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. <\/p>\n<h2>\u00a715 General Terms and Conditions for E-Commerce<\/h2>\n<p>(1) With regard to the conclusion of the contract, the terms and conditions set forth in \u00a72 shall apply, provided, however, that written form as defined in \u00a7126b of the German Civil Code (BGB) is agreed upon. Accordingly, offers and acceptances may also be made via email. A contract is concluded only in German.  <\/p>\n<p>(2) COMMIT does not provide the purchaser with any information regarding the individual technical steps leading to the conclusion of a contract. Nor does COMMIT list all relevant codes of conduct to which it is subject. <\/p>\n<p>(3) The above terms and conditions\u2014with the exception of No. 1\u2014apply exclusively to B2B commerce.<\/p>\n<h2>\u00a716 Severability Clause<\/h2>\n<p>Should any individual provisions in these General Terms and Conditions be or become void, invalid, or voidable, this shall not affect the validity of all other provisions or agreements. The contracting parties agree to replace any invalid provision with a valid provision that most closely reflects the parties\u2019 intended purpose. This applies mutatis mutandis to any gaps requiring supplementation.  <\/p>\n","protected":false},"excerpt":{"rendered":"<p>General Terms and Conditions (GTC) of COMMIT GmbH As of June 2026 (June 17, 2026) \u00a71 General Provisions (1) These General Terms and Conditions (hereinafter referred to as \u201cGTC\u201d) apply to all offers, deliveries, and services between COMMIT GmbH (hereinafter referred to as \u201cCOMMIT\u201d) and the purchaser. COMMIT does not recognize any deviating, conflicting, or [&hellip;]<\/p>\n","protected":false},"author":597,"featured_media":27361,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-31804","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Terms and Conditions | COMMIT<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/creatinghealth.de\/en\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions | COMMIT\" \/>\n<meta property=\"og:description\" content=\"General Terms and Conditions (GTC) of COMMIT GmbH As of June 2026 (June 17, 2026) \u00a71 General Provisions (1) These General Terms and Conditions (hereinafter referred to as \u201cGTC\u201d) apply to all offers, deliveries, and services between COMMIT GmbH (hereinafter referred to as \u201cCOMMIT\u201d) and the purchaser. 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