Article 1 − Scope of Application
ITB Consulting GmbH provides its customers with the Test for Master's Programmes in Business Administration, Social Sciences and Economics (TM-BASE) which helps to improve their chances of gaining a place at university in Master’s Economics and Social Sciences courses. These standard terms of business (Allgemeine Geschäftsbedingungen) govern the legal conditions for conducting the test (the German original text is the legally binding version). The test is described in greater detail at the web pages for universities and for participants.
Article 2 – Scope of Services and Availability
The customer may sit the TM-BASE on the chosen date at the chosen times and at the chosen location and receives a written certificate of his or her results.
Article 3 – Price, Activation
The customer pays the agreed price. Payment is rendered either via credit card or electronic direct debit. Directly after payment has been confirmed by the financial service provider, a reservation is made for the test location, test date, and test period.
Article 4 – Contract Period
In placing an order, the customer becomes entitled to participate in the test on one of the regular TM-BASE test dates and may download his or her results from the corresponding user account. The results are placed online and are then available for download for at least four weeks. After that time, a duplicate may be requested for a fee of € 9.
Article 5 – Cancellation Right
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (ITB Consulting GmbH, Koblenzer Straße 77, 53177 Bonn; Telefax: 0228-82090-38; E-Mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from this 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 this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Article 6 – Compensation
ITB Consulting GmbH shall be liable in the event of intent or gross negligence. ITB Consulting GmbH shall also be liable in the event of negligence causing a breach of obligations whose fulfilment is a key prerequisite for properly executing the contract, whose breach jeopardises the realisation of the purpose of the contract, and in whose observance the customer regularly trusts (cardinal duties). In the latter case it shall not, however, be liable for unforeseeable damage not typical of this type of contract. Furthermore, in the latter case damage claims shall become void after a period of two years. ITB Consulting GmbH shall not be liable for slight negligence causing a breach of other obligations. The aforementioned liability disclaimers and limitations of liability shall not apply in the event of culpable loss of life, bodily harm, and damage to health. This shall not affect the liability obligations under the German Product Liability Act.
Article 7 – Offset; Rights of Retention
The customer can only offset claims held by ITB Consulting GmbH with claims that are uncontested or finally adjudicated by a court of law. The customer may not exercise a retention right which is not based on a right stemming from the same contract between the parties as the claim against which it is exercised.
Article 8 - Forbidden Behaviour
ITB Consulting GmbH reserves the right, to warn or to exclude the customer in case of forbidden behaviour. In such case, the customer has no claim for reimbursement of the participation fee. In serious cases, the exclusion of the test can be pronounced without the opportunity to retake the test.
The following will result in a warning…
The following will result in immediate exclusion …
Article 9 – Governing Law; Legal Venue
The law of the Federal Republic of Germany – subject to the exclusion of UN legislation on the sale of goods – shall exclusively govern this contract. If the customer does not have a general legal venue in Germany, any disputes arising hereunder shall be settled by a competent court of law in Bonn.
Online Dispute Resolution in accordance with Art. 14 (1) ODR-VO: The European Commission is providing a platform for Online Dispute Resolution (ODR). You can find the platform here: http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to resolve their disputes.