Terms and conditions
talentstrategen.com
§1 Scope of application
These General Terms and Conditions (hereinafter “GTC”) apply to the entire business relationship between the customer and TalentStrategen without the need to refer to the GTC again. Deviating provisions in order agreements made with the customer (hereinafter “offer”) take precedence. Deviations from these terms and conditions are only valid if they have been agreed in writing. If individual points of the General Terms and Conditions are contractually amended, the other points of the GTC remain unaffected and continue to be valid. Contracts between TalentStrategen and the customer are created by written acceptance of the offer by the customer.
Please read these terms and conditions carefully before using a TalentStrategen service.
TalentStrategen offers the following services:
Talent acquisition strategies, recruiting consulting, executive search, interim recruiting, talent programmes and recruitment training
§ 2 Conclusion of the contract
(1) Access to the TalentStrategy service requires direct contact.
(2) By making contact, the customer recognises these GTC. A contractual relationship is established between TalentStrategen and the customer when contact is made, which is governed by the provisions of these GTC.
(3) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer.
(4) By ordering a chargeable service, the customer enters into a further contractual relationship with TalentStrategen that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before this contractual relationship is concluded.
(5) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail. We will inform you for each service whether an electronic invoice is available. Further information about electronic invoices is available on our website.
§ 3 Description of the scope of services
The scope of services provided by TalentStrategen consists of the following services:
Strategic talent acquisition: development and implementation of customised recruitment strategies.
Innovative talent programmes: Design and implementation of programmes such as retraining and transition programmes to provide access to diverse talent pools.
Programmes to attract specialists from abroad.
Executive search: Targeted search and placement of executives. Project management: Management and administration of complex recruitment projects
Interim recruitment for bottlenecks and filling positions in large projects
Consultancy and training: Advice on best practices and development of new tools and methods for the continuous improvement of recruitment processes.
§ 4 Fee
(1) To use TalentStrategen, you must first register.
(2) If the user wishes to make use of a chargeable service, he shall be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment shall be listed.
(3) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
§5 Invoicing
The client receives a fee invoice for the services provided by TalentStrategen for each order, if necessary several, according to due dates. Each invoice is a clear and serious request for payment. The customer shall ensure that the fees are credited to the account specified on the invoice within 14 days of receipt of the invoice at the latest. After the expiry of the aforementioned 14 days, default occurs without the need for a further statement or similar on the part of TalentStrategen, in particular a further reminder. From the time of default, TalentStrategen is entitled to demand default interest of 1% per month. In the event of objections to the correctness and amount of the invoiced claims, the customer must submit their objections in writing within two weeks of the invoice date, otherwise the invoice is deemed to be recognised in terms of reason and amount.
§ 6 Registration and cancellation
(1) Furthermore, the customer declares that neither he nor, to his knowledge, any member of his household has a criminal record for an intentional criminal offence that endangers the safety of third parties, in particular for an offence against sexual self-determination (§§ 174 ff. StGB, an offence against life (§§ 211 ff. StGB), an offence against physical integrity (§§ 223 ff. StGB), an offence against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user is entitled, subject to reservation, to unsubscribe at any time in writing by post, e-mail or telephone without stating a reason. At the same time, it is possible to deactivate the user account completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, they can cancel at the latest 10 days before the booking period. If this deadline is not met, the paid service will be extended by the selected booking period and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. The customer’s full name, e-mail address and postal address must be given so that your cancellation can be assigned to you. In the case of cancellation by telephone, the individual telephone password is required.
(4) TalentStrategen may terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. TalentStrategen also reserves the right to remove profiles and/or any content published on the website by or by the user. If TalentStrategen terminates the user’s registration and/or removes profiles or published content of the user, TalentStrategen is under no obligation to inform the user of this or the reason for the termination or removal.
(5) Following any termination of any individual use of the services of TalentStrategen, TalentStrategen reserves the right to send information about this to other registered users with whom TalentStrategen assumes that they have been in contact with the user. TalentStrategen’s decision to terminate the user’s registration and/or to notify other users with whom TalentStrategen assumes that the user has been in contact does not imply or state in any way that TalentStrategen makes statements about the individual’s character, general reputation, personal characteristics or lifestyle.
(6) Users are obliged not to make any deliberate or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil proceedings. Furthermore, the operator reserves the right to cancel the existing contractual relationship with immediate effect in such a case.
(7) If a user’s access is blocked due to a culpable breach of contract and/or the contractual relationship is cancelled, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of expenses saved shall be set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the expenses saved are actually higher or lower.
(8) After termination of the contractual relationship, all user data will be deleted by TalentStrategen.
§ 7 Limitation of liability (services)
(1) TalentStrategen assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customer and other content generated by the customer.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, TalentStrategen is not liable for the services of the participating clients. Accordingly, all matters relating to the relationship between the clients, including, without exception, the services received by a seeker or payments due to clients, are to be addressed directly to the respective party. TalentStrategen cannot be held responsible for and hereby expressly disclaims any and all liability of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind, intentional or unintentional, suspected or unsuspected, disclosed or undisclosed, of any kind whatsoever in connection with the aforementioned matters.
(3) TalentStrategen is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by TalentStrategen or an intentional or negligent breach of duty by a legal representative or vicarious agent of TalentStrategen.
(4) TalentStrategen Europe is only liable for other damages, insofar as they are not based on the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by TalentStrategen or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of TalentStrategen.
(5) Claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom shall become time-barred after 30 years; otherwise after 1 year, whereby the limitation period shall commence at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the identity of the debtor or should have become aware of them without gross negligence (Section 199 (1) BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.
§ 8 Offsetting and right of retention
(1) The customer shall only be entitled to offset if the customer’s counterclaim has been legally established or has not been disputed by the provider.
(2) The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
§ 9 Cancellation policy
(1) If the customer is a consumer, he has a right of cancellation in accordance with the following provisions:
(2) Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period for services is fourteen days from the day the contract is concluded.
To exercise your right of cancellation, you must contact us:
Talent Strategists
Am See 18a, 15741 Bestensee
E-mail: info@talentstrategen.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 can use the sample cancellation form on our website or send us another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires and to return the goods via our online returns centre within the period defined below.
(3) Consequences of the cancellation
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. 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 for this repayment.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount 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 cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
(4) Exceptions to the right of cancellation
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of cancellation does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- in the case of services, if TalentStrategen has provided these in full and you have acknowledged and expressly agreed before placing the order that we can start providing the service and you lose your right of cancellation upon complete fulfilment of the contract;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 10 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorised to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete information from TalentStrategen about the data concerning you at any time and free of charge.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 11 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies by clicking on the banner to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard drive or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 12 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 13 Final provisions
(1) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use TalentStrategen with the involvement of a parent or guardian.
(2) If you breach these Terms and Conditions and we take no action against you, we will continue to be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions.
(3) We reserve the right to make changes to our website, rules and regulations, terms and conditions including these GTC at any time. Your order will be subject to the terms of sale, contract terms and conditions in force at the time of your order, unless a change to these terms is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(4) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.