Quanos
General Terms
and Conditions

1 SCOPE OF APPLICATION

1.1 Subject matter of the contract. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all services provided by Quanos Solutions GmbH (hereinafter referred to as "Quanos") in connection with professional training, in particular training courses, seminars, mentorings and e-learning.

1.2 Contractual conditions of the Customer. Conflicting or additional contractual conditions of the Customer only apply if Quanos expressly confirms their application in writing.

 1.3 Future transactions. In the case of ongoing business relationships, these GTC shall also apply to all future mutual transactions between the parties.

2 CONCLUSION OF CONTRACT; ORDER PROCESS (WEBSITE)

2.1 Conclusion of contract. The Customer can order professional training via the Quanos website, specifying the participant. Offers on the Quanos website regarding professional training are binding. Upon receipt of an order from the Customer, a contract for participation in the selected course is concluded in accordance with the information provided during the order process and these GTC.

2.2 Training order process (website). The order process for training courses via the Quanos website comprises the following steps: The Customer selects the desired course on the Quanos website. In the next step, the Customer enters their correspondence language, address details and, if applicable, a different billing address. Furthermore, the Customer can enter a partner code (if available) and finally order participation in the course by confirming the application of these GTC with a click and clicking on the order button displayed at the bottom of the page.

2.3 Ordering process for mentoring (website). The ordering process for mentoring via the Quanos website comprises the following steps: On the Quanos website, the Customer selects the mentoring service they require and a date for the mentoring to take place. In the next step, the Customer enters their address details and can finally order participation in the mentoring by confirming the application of these GTC with a click and clicking on the order button displayed at the bottom of the page.

2.4 Ordering process for e-learning (website). The ordering process for e-learning via the Quanos website comprises the following steps: The Customer selects the desired e-learning on the Quanos website. In the next step, the Customer enters his or her address details (unless the Customer has already provided these on the basis of a previous order) and can finally order access to the e-learning by confirming the application of these GTC with a click and clicking on the order button displayed at the bottom of the page.

2.5 Cancellation and adjustments in the ordering process. During the order process, the Customer always has the option of canceling the order process or checking the data they have entered and changing it if necessary. 

2.6 Terms of contract. Quanos saves the text of the order and the associated GTC. The GTC are displayed to the Customer during the order process. They can be saved and printed by the Customer by clicking on the corresponding save or print commands. The GTC are available in German and English

2.7 Privacy Policy. In order to protect the privacy of its Customers, Quanos is committed to complying with applicable data protection laws. The use of personal data is governed by Quanos' privacy policy, to which a link is provided on the quanos.com website.

3 ONLINE COURSES

If the Customer books an online course (including e-learning), the participant receives access to the virtual event room or the Quanos e-learning platform, respectively. The access data may not be passed on to third parties and are not transferable. The Customer or participant is not authorized to make the online course accessible to third parties

4 VICARIOUS AGENTS

Quanos is entitled to use subcontractors, in particular third parties as instructors, to provide services. Quanos is also entitled to replace already scheduled instructors with other, equally qualified instructors.

5 ORGANIZATION OF PROFESSIONAL TRAINING

5.1 Event and course program. ​​​​Professional training is carried out in accordance with the published event or course program or in accordance with the separate agreement concluded with the Customer. Quanos reserves the right to make changes to the event or course as long as these do not fundamentally change the objective of the respective professional training.

5.2 No partial services. An event or course cannot be divided up among several participants. Partial bookings with a price reduction are not possible unless expressly stated otherwise in the program.

5.3 Cancellation by Quanos. ​​​​​Quanos may cancel the event on reasonable grounds, in particular if the number of participants does not cover the costs or if the instructor is unavailable at short notice without the possibility of deploying a replacement instructor. In the event of a cancellation, Quanos will inform the Customer thereof at the address provided by the Customer at the time of registration and will refund any fees already paid to Quanos for services not rendered. Further claims are excluded, subject to liability in accordance with Section 9.

5.4 No-show. In the event of non-attendance or premature departure from the event or course, the participation fee remains payable in full. There will be no (partial) refund of the fee already paid.

5.5 Open training courses. For open training courses, i.e. training courses in the Quanos training center and online training courses, for which a large number of Quanos software users can register, the following additional provisions apply:

5.5.1 The Customer may cancel an open training course up to 14 days before the start of the course for a processing fee of EUR 200.00 per participant. The Customer's statutory right of withdrawal remains unaffected thereby.

5.5.2 The Customer may nominate a substitute participant instead of a registered participant at any time free of charge.

5.5.3 The Customer can rebook an open training course once up to 14 days before the start of the course for another training course offered by Quanos with the same training fee. Any further rebooking is excluded.

5.6 Exclusive trainings; on-site trainings; workshops. The Customer may cancel exclusive trainings and on-site trainings or workshops, i.e. specific training events offered for the Customer online, at the Quanos training center or on site at the Customer's premises, up to 30 days before the start of the event for a processing fee of EUR 600.00. This does not affect the Customer's statutory right of revocation. The Customer's statutory right of withdrawal remains unaffected thereby.

6 OBLIGATIONS OF THE CUSTOMER TO COOPERATE

6.1 House rules. The participant must observe the house rules of the venue.

6.2 In-house events. In the case of in-house events, the Customer shall support Quanos to the extent necessary. The Customer shall provide the necessary information and documents in good time and make the premises and technical environment available. The Customer's obligations to cooperate constitute primary obligations.

7 REMUNERATION

The Customer shall pay the agreed remuneration. The remuneration is due for payment without deduction within 14 days of receipt of the invoice. All prices are subject to statutory value added tax.

8 RIGHTS TO WORKING DOCUMENTS

The material provided by Quanos or the respective instructors is subject to the intellectual property rights of Quanos, the instructor or their licensors. Any use requires the prior consent of the respective rights holder. The recording of the event on video, audio and image media is prohibited.

9 LIABILITY

9.1 Intent and gross negligence. Quanos is liable without limitation for damages caused intentionally or through gross negligence.

9.2 Slight negligence. In the event of a slightly negligent breach of a primary performance obligation or a secondary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfilment of which is essential for the proper execution of the contract, and on the observance of which the Customer could rely (hereinafter "Essential Secondary Obligation"), the liability of Quanos is limited to damages foreseeable at the time of conclusion of the contract and typical for the contract. Quanos is not liable for slightly negligent breaches of ancillary obligations that do not belong to the Essential Secondary Obligations.

9.3 Mandatory statutory liability. The above exclusions and limitations of liability in this Section 9 do not affect Quanos' liability for a guarantee of quality, for fraudulent intent, for damages resulting from injury to life, body and health and for product defects in accordance with the Product Liability Act. This does not imply a change in the burden of proof to the detriment of the Customer.

9.4 Beneficiaries. Insofar as liability is excluded or limited in accordance with this Section 9, this also applies to the personal liability of Quanos' employees, staff, representatives and vicarious agents.
 

10 CONFIDENTIALITY

The Customer undertakes to maintain the strictest confidentiality with regard to all confidential information, including professional, business or trade secrets, of which it becomes aware during the preparation and execution of the event or course, and not to disclose such information.

11 RIGHT OF WITHDRAWAL FOR CONSUMERS

The following statements apply to consumers, but not to entrepreneurs. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.

Cancellation policy

Right of withdrawal:

You have the right to withdraw from the contract for participation in the event within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to withdraw, you must inform Quanos of your decision to withdraw the contract by a clear statement (e.g. a letter sent by post to Quanos Solutions GmbH, Hugo-Junkers-Straße 15-17, 90411 Nuremberg, Germany or by email to training@quanos.com. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation:

If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. For this reimbursement, 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 for such reimbursement.

Expiry of the right of withdrawal:

The right of withdrawal expires prematurely if the professional training has been fully performed and the performance has only begun after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal upon complete fulfillment of the contract by Quanos. If you have expressly requested that the professional training be commenced before the expiry of the withdrawal period, you must pay a reasonable amount as compensation for the value of the services you have used up to that point, corresponding to the proportion of the services already provided up to the time at which you inform 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.

End of the Withdrawal Policy
 

12. MISCELLANEOUS

12.1 Severability clause. Should individual provisions of the contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any loopholes in the contract.

12.2 Transfer. Quanos is entitled to transfer the contract to a company affiliated with Quanos in accordance with §§ 15 ff. AktG and to an acquirer of the part of the company relating to the subject matter of the contract. The Customer hereby agrees to such a transfer of the contract.

12.3 Online dispute resolution. The European Commission provides a platform for online dispute resolution (OS) at ec.europa.eu/consumers/odr/21. Our email address is: info@quanos.com.  

12.4 Dispute resolution procedure. Quanos is not obliged or willing to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

12.5 Reservation of right of amendment. During the term of the contract, Quanos may amend the GTC in order to (1) adapt the GTC to new statutory requirements or a change in supreme court rulings, (2) eliminate doubts as to interpretation or (3) adapt the GTC to changed technological developments or market conditions. Quanos will inform the Customer of such changes to these GTC in text form at least 4 weeks before the change comes into effect. If the Customer does not object to an amendment within 4 weeks of receipt of the notification, the amendments are deemed to have been effectively agreed. Quanos will inform the Customer separately of the right of objection and the consequences of remaining silent when informing the Customer of the change.

12.6 Place of jurisdiction. The exclusive place of jurisdiction for disputes arising from the contract is the registered office of Quanos, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law and is not a participant in distance learning within the meaning of the German Distance Learning Protection Act (FernUSG). Quanos is also entitled to take legal action at the Customer's place of business or any other competent court.

12.7 Applicable law. The law of the Federal Republic of Germany shall apply, with the exception of its provisions on the choice of law, which would lead to the application of another legal system.

Status July 2024

Sample withdrawal form (for consumers)

If you wish to cancel the contract, please fill out this form and send it back to us.

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To: Quanos Solutions GmbH, Hugo-Junkers-Straße 15-17, 90411 Nuremberg, Germany; email: training@quanos.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the following course or event: 

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Ordered on (*)/received on (*)

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Name of the consumer(s)

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Address of the consumer(s)

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Signature of the consumer(s) (only for notification on paper)

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Date

(*) Delete as appropriate.