Information pursuant to Sect. 5 German Telemedia Act (TMG)
the beautiful ugly truth GmbH
Commercial Register: HRB 779358
Registration court: Amtsgericht Stuttgart
Sales tax identification number according to Sect. 27 a of the Sales Tax Law:
Dispute resolution proceedings in front of a consumer arbitration board
We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
general terms and conditions
General Terms and Conditions (GTC)
I. Validity of the terms and conditions
These terms and conditions apply exclusively to all business relations of the beautiful ugly truth GmbH (“tbut”) with entrepreneurs and other persons in the sense of § 310 BGB. Terms and conditions of our contractual partners that deviate from these terms and conditions shall only apply if they are expressly accepted by us in writing.
II. Coaching- und Consultingbedingungen
- Offer and Conclusion of Contract
2.1 Our offers are subject to change and non-binding, unless they are expressly marked as binding.
- Time of Performance, Place of Performance
3.1 Times of performance shall only be binding if we have agreed to them as binding.
3.2 Place of performance is the registered office of tbut.
- Remuneration and terms of payment
4.1 For the service portfolio of our activities a concrete fee shall be agreed upon in individual contracts. This fee is net, exclusive of the legal value added tax, expenses, travel expenses and the catering for the participants of the workshop charged according to consumption. The statutory value added tax is levied on all our services and must be paid additionally.
4.2 We will issue the invoice after the date of the event. Payments are to be made within 10 days of the invoice date without deduction.
4.3 A set-off with counterclaims of the client against claims of us is excluded, unless the counterclaim is recognized or legally established. The customer shall only be entitled to a right of retention if it is based on the same contractual relationship.
4.4 Without our written consent, the Customer may not assign its contractual claims in whole or in part to third parties or have them collected by third parties.
- Withdrawal / termination declaration
5.1 Declarations of withdrawal or termination must be in text form (e.g. letter, e-mail).
- Cancellation fees
6.1 In the event of cancellation, termination or other termination of an order by the
we charge the following fees:
– from 30 calendar days before the start of the event: 50% of the fee,
– from 15 calendar days before the start of the event: 100 % of the fee.
6.2 Any costs already incurred for overnight accommodation and travel to and from the event shall be added to this and shall be borne by the client; we shall provide evidence of these costs at the client’s request.
6.3 The client shall be permitted to prove that no damage was incurred at all or that the damage was significantly lower than the flat rate specified in Item 6.1.
7.1 Our liability shall be limited to intent and gross negligence, unless we are charged with the violation of an essential contractual obligation. In this case, our liability shall be limited to the damages typical for the contract and foreseeable by us.
7.2 Our liability shall be limited in amount to the liability-insured sum of € 10 million per year.
7.3 The limitations of liability shall not apply to our liability for expressly guaranteed characteristics or for damages resulting from injury to life, body and health.
- Force majeure
8.1 Force majeure (such as, for example, pandemic restrictions), shortages of raw materials, energy, labor, strikes, lockouts, traffic disruptions, orders of governmental authorities or the lack of official or other permits required for the performance of the service shall release us from the obligation to perform for the duration of the disruption and to the extent of its effect. We shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay.
8.2 If such unforeseen events mentioned under 9.1 substantially change the economic significance or the content of our performance or have a substantial effect on our operations, we shall be entitled to withdraw from the contract. In this case, the customer shall only be entitled to claims for restitution; any further claims, in particular claims for damages, shall be excluded.
8.3 In the event of an accident or illness of the respective booked coach, we shall make every effort to provide an adequate replacement.
9.1 Recordings of lectures and seminars by the client are not permitted unless we give our prior consent in text form (e.g. e-mail).
- Confidentiality obligation
10.1 The client undertakes to treat the contents and conditions of the contract concluded with us as strictly confidential and not to disclose them to third parties without our consent. The disclosure of information to executives, employees and affiliated companies of the client is excluded from the confidentiality obligation.
10.2 In the event of a breach of the confidentiality obligation, the client shall owe us damages in the amount of up to € 500.00 per breach. This agreement shall also apply beyond the termination of the contract up to the expiry of one year. It extends in particular to information relevant to competition as well as to know-how which is our intellectual property.
III. Final Provisions
- Applicable law, place of jurisdiction, severability clause
11.1 The law of the Federal Republic of Germany shall apply exclusively. Laws governing the international sale of movable goods, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980, shall not apply.
11.2 If our contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive local court of jurisdiction for all legal disputes arising from or in connection with the business relationship with us shall be the court with local jurisdiction at the registered office of tbut. However, we are optionally entitled to call upon the court responsible according to the statutory provisions.
11.3 Should a provision in these terms and conditions be invalid, the validity of the remaining provisions shall not be affected. Insofar as the contract or these GTC contain loopholes, those provisions shall be deemed agreed which the contracting parties would have agreed according to the economic objectives of these GTC if they had recognized the loophole.
the beautiful ugly truth GmbH
+49 151 44 844 808
Amtsgericht Stuttgart, HRB 779358
Sitz der Gesellschaft: Stuttgart
Geschäftsführer: Tobias Mayer
© the beautiful ugly truth GmbH, Stuttgart, 2021