§ 1 General Regulations
(1) Dr. Boysen Management + Consulting GmbH
Managing Director: Dipl.-Ing. Dr. rer. pol. Werner Boysen
Phone: +49-261-201 74-0
Local court Koblenz: HRB 22215
(hereinafter referred to as “Platform Operator”), offers consumers (hereinafter referred to as “Users”) the opportunity to permanently use our system consultingcheck under the domain: www.consultingcheck.com (hereinafter referred to as: “consultingcheck”) in accordance with the provisions of these Terms and Conditions of Use, whereby there are free and paid areas, which are shown in detail on consultingcheck. The user is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract. Our other terms and conditions shall apply to them.
§ 2 Services of the Platform Operator
(1) consultingcheck is a platform for buyers and providers for trading consulting services and for information on consulting services. consultingcheck has an integrated, automated messaging system to simplify communication between buyers and suppliers as well as extensive functionalities to manage and monitor all current business transactions.
(2) The services of the platform operator consist, inter alia, in:
(a) Provision of the usage options of consultingcheck after admission of the user pursuant to § 3;
(b) Enabling negotiations and conclusion of contracts on consultingcheck by means of invitations to tender and auctions initiated by the purchaser pursuant to § 4;
(c) Creation of information and communication possibilities among the users or contracting parties;
(d) consulting and support services for the users according to a separate agreement with us.
§ 3 Registration as a User and Conclusion of a Contract for Paid Services; Admission and Access to consultingcheck
(1) Prerequisite for the use of consultingcheck is the admission by us. Consoltingcheck is available on the provider side only to merchants in the sense of the German Commercial Code (HGB) and legal entities under public law. Users on the ordering side can also be consumers, for whom these GTC for Consumers then apply. There is no right to admission or use of consultingcheck.
(4) The user can select from our service options that are subject to charges and collect them in a so-called shopping cart via the button “Add to cart”. By clicking on the button “Order and register with obligation to pay”, the user submits a binding application to order the services in the shopping cart. Before sending the order, the user can change and view the data at any time. However, the application can only be submitted and transmitted if the user has accepted these contractual terms and conditions by clicking on the button “Accept GTC” and has thereby included them in his application.
(5) We will then send the user an automatic confirmation of receipt by e-mail, in which the user’s order and is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that we have received the customer’s order and does not constitute acceptance of the application. The contract is not concluded until we issue the declaration of acceptance, which is sent with a separate e-mail (order confirmation and admission to use). In this e-mail or in a separate e-mail, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the user by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(6) The contract shall be concluded in German or English.
(7) Unless otherwise agreed, the respective fees shall be invoiced monthly in advance and shall be due immediately after invoicing without deduction, but plus value added tax, at the respective applicable tax rate. The User agrees to the storage of the billing data for evidence purposes and/or within the scope of the statutory retention obligations.
(8) Via the master login transmitted in the confirmation of admission, the user has the possibility to grant the employees in his company their own access authorization and to configure it according to his wishes in order to enable them to work consultingcheck in an optimal way.
(9) The user vouches for the truthfulness and completeness of the information provided to us and other users, especially in the context of his application for admission according to para. 2. He undertakes to notify us immediately of any future changes to the information provided. The same applies to all information provided by the user when setting up employee logins.
(11) All logins are individualized and may only be used by the authorized user. The user is obliged to keep the login and password secret and to protect them from unauthorized access by third parties. The user is also responsible for keeping employee logins secret and will instruct his employees accordingly. In the event of suspected misuse by a third party, the user shall inform us thereof without delay. As soon as we become aware of the unauthorized use, we will block the access of the unauthorized user. We reserve the right to change the login and password of a user; in such a case we will inform the user immediately.
§ 4 Conclusion of contracts on consultingcheck
Buyers have the possibility to open tenders and auctions and to invite suppliers selected according to individual criteria to submit binding offers. Tenders and auctions can only be opened by buyers and do not contain a legally binding offer in the sense of § 145 BGB (German Civil Code), but only represent an invitation to submit offers (“invitatio ad offerendum”). Purchasers are not permitted under any circumstances to participate as a supplier in an auction or invitation to tender opened by them. Likewise, purchasers may not participate as suppliers through third parties acting on their behalf in an auction or invitation to tender opened by them.
(2) Suppliers shall have the opportunity to select purchasers according to individual criteria and to submit binding offers for their auctions and tenders. A supplier’s bids shall be binding and irrevocable declarations to conclude the contract tendered by the purchaser. Unless otherwise agreed between a purchaser and supplier, a supplier shall be bound by its offer for a further 30 days from the end of the period of the invitation to tender or auction determined by the purchaser and extended if necessary. § Section 156 of the German Civil Code is expressly excluded. Suppliers have no right to be invited to participate in tenders or auctions.
(3) A purchaser shall be free to choose whether and which of the offers received it wishes to accept. Unless Purchaser and Supplier agree otherwise, a contract shall be concluded when a Purchaser accepts a Supplier’s offer by sending an individual or blanket purchase order.
(4) Actions using the respective login of a user are generally attributable to the user. Users are responsible for all declarations of intent made by themselves on the platform. For declarations made by third parties under the user’s member account, they are liable to a foreseeable extent according to the principles of a contract with protective effect for third parties.
(5) For all transactions on consultingcheck, only the system time applicable on the platform shall apply. Bids can only be submitted within the term of tenders and auctions specified by the purchaser.
(6) We reserve the right to change or extend the content and structure of the platform as well as the corresponding user interfaces, if this does not or not significantly affect the purpose of the contract concluded with the user. We will inform the users of the marketplace about the changes accordingly.
§ 5 Duties of the users
(1) Tenders and auctions may not be opened or a bid may not be submitted if.
(a) the information is so incomplete that the subject matter and price cannot be determined;
(b) the opening or execution of the invitation to tender, auction or sale would violate statutory provisions, official orders or morality according to the legal system applicable to the intended contract. In particular, only consulting services and especially no items may be offered whose tender or sale violates the rights of third parties; We are entitled to remove such a tender, auction or offer from consultingcheck without delay.
(2) Goods or services that may only be offered against a legally required proof may only be offered and demanded on consultingcheck if the proof has been included in the description of the goods or services and the goods or services are only offered against the legally required proof.
§ 6 Settlement of contracts concluded on consultingcheck
(1) The processing of contracts concluded on consultingcheck is the sole responsibility of the respective users. We do not guarantee the fulfillment of contracts concluded on the marketplaces between the users, nor do we assume any liability for material or legal defects of the traded goods and services. We are under no obligation to ensure the fulfillment of the contracts concluded between the users.
(2) We cannot guarantee the true identity and power of disposal of the users. In case of doubt, both contractual partners are required to inform themselves in an appropriate manner about the true identity as well as the power of disposal of the other contractual partner.
§ 7 Liability of the platform operator
(1) We shall be liable for intent and gross negligence without limitation, but for slight negligence only in the event of a breach of material contractual obligations. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for the contract, the occurrence of which we had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time.
(2) We shall not be liable for disruptions within the line network for which we are not responsible.
(3) We shall only be liable for the loss of data in accordance with the above paragraphs if such loss could not have been prevented by reasonable data backup measures on the part of the user.
(4) The liability does not extend to impairments of the contractual use of the services provided by us on consultingcheck, which have been caused by an improper or incorrect use by the user.
(5) The above limitations of liability shall also apply mutatis mutandis in favor of our vicarious agents.
(6) Any limitation of liability according to these GTCs does not apply to claims for damages of the client resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty on our part, on the part of our legal representatives or vicarious agents.
(7) As far as consultingcheck offers the possibility of forwarding to databases, websites, services, etc. of third parties, e.g. through the placement of third parties, e.g. by setting links or hyperlinks, we are neither liable for the accessibility, existence or security of these databases or services, nor for their content. In particular, we are not liable for their legality, correctness of content, completeness, up-to-dateness, etc.
(8) The contents of consultingcheck are created with utmost care based on current knowledge. Nevertheless, they cannot and should not replace a personal, individual consultation, but only prepare and offer general, non-binding assistance, to which we emphatically point out. We are therefore not liable for the correctness of the content of the information on consultingcheck and in particular not for the correctness in individual concrete cases.
§ 8 Third Party Content
(1) Users are prohibited from placing content (e.g. through links or frames) on consultingcheck that violates legal regulations, official orders or morality. Furthermore, they are prohibited from posting content that violates rights, especially copyrights or trademark rights of third parties.
(2) We do not adopt third-party content as our own under any circumstances. The user guarantees the platform operator and the other users of the platform that the goods and services offered by him in tenders and auctions do not infringe any copyrights, trademarks, patents, other industrial property rights or trade secrets.
(3) We reserve the right to block third-party content if it is punishable under the applicable laws or recognizably serves to prepare punishable acts.
(4) The user shall indemnify us against all claims asserted by third parties against us due to the infringement of their rights or due to legal violations on the basis of the offers and/or content posted by the user, insofar as the user is responsible for these. In this regard, the user also assumes the costs of legal defense from us, including all court and attorney’s fees.
§ 9 Other obligations of the user
(1) The user is obliged to,
(a) to set up and maintain the necessary data security precautions during the entire term of the contract. This essentially refers to the careful and conscientious handling of logins and passwords;
(b) to inform us immediately about technical changes occurring in his area, if they are likely to affect the service provision or the security of consultingcheck;
(c) to cooperate in the clarification of attacks by third parties on consultingcheck, as far as this cooperation by the user is required;
(d) to conduct business on the marketplace exclusively within the scope of commercial business operations for commercial purposes.
(2) The user undertakes to refrain from all actions that endanger or disturb the functioning of the marketplace and not to access data that he is not authorized to access. Furthermore, he must ensure that his information transmitted via the marketplace and posted data are not afflicted with viruses, worms or Trojan horses. The user agrees to compensate us for all damages resulting from his failure to comply with these obligations and, in addition, to indemnify us against all claims of third parties, including attorney’s fees and court costs, which they assert against us due to the user’s failure to comply with these obligations.
(1) Our servers are secured according to the state of the art, in particular by firewalls; however, the user is aware that there is a risk for all participants that transmitted data can be read during transmission. This applies not only to the exchange of information via e-mail leaving the system, but also to the integrated messaging system and all other transmissions of data. The confidentiality of data transmitted in the course of using the marketplace can therefore not be guaranteed.
(2) The user agrees that we may store information and data about the course of tenders and auctions as well as the behavior of buyers or suppliers during the execution of these transactions, in anonymized form and use it exclusively in this anonymized form for marketing purposes, e.g. for the creation of statistics and presentations.
(3) During the term of this contract, we are entitled to process and store the data received from the User in connection with the business relationship in compliance with the provisions of the applicable data protection regulations. Specifically, the user consents that we:
(a) store and process the information provided by the user in the context of the application for admission regarding company data, billing data and contact persons of the user as well as corresponding updates communicated by the user;
(b) store the data entered independently by the user in consultingcheck in connection with the company presentation requested by the user in the trading area under administration and make it available for retrieval by other registered and non-registered users in the public and closed areas of consultingcheck;
(c) store personal data used in the course of transactions, if any, and forward it to other users and – if the user concerned so wishes by selecting a public transaction – keep it available for retrieval in the public area of consultingcheck by other registered and non-registered users;
(d) store and forward to other users non-personal data relating to the content of the transactions and – to the extent the user concerned wishes to do so by selecting a public transaction – keep such data available for retrieval in the public area of consultingcheck for other registered and non-registered users.
(4) Any further use of personal data beyond the aforementioned use requires the separate consent of the user. The user is entitled to revoke his consent granted in accordance with para. 3 at any time, insofar as he has hereby consented to the use of personal data.
(6) With the admission according to § 3, the user guarantees us and all other users that the user has complied with the requirements of data protection law with regard to the data transferred by him and indemnifies us from any claims, including claims under public law. In particular, the user himself/herself shall ensure that any necessary consent from employees is obtained before personal data of employees is posted on the platform in the context of setting up employee logins or in any other way.
§ 11 Assignment and set-off
(1) A partial or complete transfer of the user’s rights from the contract with us to third parties is excluded.
(2) The user is only entitled to set off undisputed or legally binding counterclaims against us.
§ 12 Duration of contract
(2) The contract may be terminated by either party with three months’ notice to the end of the month.
(3) Each party has the right to terminate the contract for good cause without notice. An important reason for us is in particular:
(b) the tortious act of a user or the attempt of such, e. +g. fraud;
(c) the User’s default of payment according to the payment to be made by the User pursuant to § 3 paras. 2 and 3 by more than six weeks.
(d) continuous operational disruptions due to force majeure beyond our control, e. g. natural disasters, fire, breakdown of line networks through no fault of our own.
(4) Any termination must be made in writing. Cancellations by fax or e-mail shall comply with the written form.
§ 13 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the platform operator informs about below in accordance with the statutory model. Below you will find a model withdrawal form.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us
Dr. Boysen Management + Consulting GmbH
Managing Director: Dipl.-Ing. Dr. rer. pol. Werner Boysen
Phone: +49-261-201 74-0
by means of a clear declaration (e. g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
(3) We provide the following information on the model withdrawal form in accordance with the statutory provisions:
Model withdrawal form
If you wish to revoke the contract, please fill out this form and return it to us and send it back to
Dr. Boysen Management + Consulting GmbH
Managing Director: Dipl.-Ing. Dr. rer. pol. Werner Boysen
Phone: +49-261-201 74-0
- I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
(*) Delete if not applicable
§ 14 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all legal disputes is Koblenz am Rhein, Germany. In addition, we are entitled to sue at the general place of jurisdiction of the user.