General Terms and Conditions
The contractual relationship exists between the company SERENITY BLU GmbH (hereinafter referred to as "SERENITY BLU")
and its clients (hereinafter referred to as "Client").
Services and offers of SERENITY BLU are provided exclusively on the basis of these General Terms and Conditions, regardless of the type of legal transaction. Declarations of intent by SERENITY BLU are to be understood on the basis of these General Terms and Conditions. Unless agreed with the Client in writing, we do not recognize any conflicting terms and conditions of the Client. A departure from this written form requirement also requires the written form.
Contract fulfillment activities of SERENITY BLU are not deemed to represent acceptance of terms and conditions deviating from these General Terms and Conditions. Unless specifically agreed otherwise, the General Terms and Conditions apply to the entire scope of SERENITY BLU's business relations with the Client (customer) and to all other legal transactions between the contracting parties.
Conclusion of contract:
Offers from SERENITY BLU are non-binding.
Verbal promises, ancillary agreements and the like, which deviate from these General Terms and Conditions, or other written declarations of intent of our Company, in particular those made by salespersons, messengers, etc., are not binding for us. Unless expressly referred to in the written offer, our brochures, advertisements, newsletters, etc. are not part of the contract. Unless otherwise agreed, our offers expire 30 days from the date of the offer. Offers addressed to SERENITY BLU are binding on the tenderer for a reasonable period, however not less than 2 weeks from receipt of the offer.
Bilateral business-related transactions:
Orders or declarations of acceptance by the Client must be sent in writing to our registered office using the full company name.
If SERENITY BLU makes a verbal offer, the Client is also entitled to accept this verbally.
Period for performance:
SERENITY BLU strives to meet the agreed date of fulfillment (consulting, coaching, event, support service, workshop, training, seminar, etc.) as closely as possible. Unless otherwise agreed, dates for the fulfillment of these services are non-binding.
The dates for the services to be performed by SERENITY BLU must be agreed separately in each individual case.
Large orders, and orders that contain several units or programs, entitle SERENITY BLU to provide partial services and partial invoicing.
Changes in performance:
Minor or other changes to our performance obligations that are reasonable for our customers are deemed to be approved in advance.
Should the performance of the event, support service, workshop, training, seminar, etc. be rendered impossible or considerably more difficult due to bad weather or other exceptional circumstances for which SERENITY BLU is not responsible, both contracting parties may withdraw from the contract. SERENITY BLU is entitled to a corresponding fee and administration charge for services already performed (preparatory work) or yet to be provided.
Unless otherwise expressly agreed, all prices quoted by SERENITY BLU are exclusive of VAT.
Terms of payment, default interest:
The total fee is due for payment immediately upon receipt of the invoice issued by SERENITY BLU.
The terms of payment specified for the entire order also apply to partial invoices.
For orders fulfilled in sections, we are entitled to invoice for the performance of each individual unit. With regard to the due date, the total fee is due for payment immediately upon receipt of the invoice issued by SERENITY BLU. The terms of payment specified for the entire order also apply to partial invoices. Payments by the Client are only deemed to have been made upon receipt of funds in our business account.
In case of late payment, SERENITY BLU is entitled to charge interest from the due date at the rate of 9% above the base rate.
Further claims, in particular the right to higher interest from the action for damages, remain reserved.
By separate agreement, the Client is required to make payment to a fee account prior to the provision of services by SERENITY BLU. If the Client is in arrears with the payment on account, SERENITY BLU is entitled to cease all further services and withhold outstanding services, to demand advance payments or guarantees, or to withdraw from the contract.
Cancellation of the contract:
In addition to the general statutory provisions, we are also entitled to cancel the contract if the Client is in default of acceptance and for other important reasons, such as bankruptcy proceedings for the assets of a contracting party or rejection of a bankruptcy petition due to insufficient assets.
In the case of cancellation, we are entitled to either flat rate compensation of 20% of the gross invoice amount or compensation for the actual loss incurred.
If the Client is in default of payment, SERENITY BLU is entitled to cease all further services and withhold outstanding services, to demand advance payments or guarantees, or to withdraw from the contract.
Reminder and collection fees:
In the event of default of payment, the Client is required to reimburse to us the flat rate amount of EUR 9.00 plus postage for each reminder and the flat rate amount of EUR 3.60 per quarter for the expense of keeping evidence in the accounts. In addition, the Client is obliged to reimburse all dunning and collection charges required for appropriate prosecution.
Place of performance:
Unless otherwise agreed, the place of performance for our services is SERENITY BLU´s registered office.
Challenging the contract concluded between SERENITY BLU and its Client due to error is excluded.
Copyright and use:
Depending on the order, the Client receives documents from SERENITY BLU for a consulting, coaching, event, support service, workshop, training, seminar, etc. In this regard, it is understood that copyrights, trademark rights and know-how, especially such as unprotected inventions and commercial experience arising in the context of cooperation, are the exclusive property of SERENITY BLU. After payment of the agreed fee, the Client may only use the documents, know-how, etc. provided to him within the Company and for his own purposes.
Distribution, exploitation or use by the Client beyond the use for own purposes is inadmissible.
Any infringement of our copyrights will result in a claim for damages, requiring full satisfaction.
All claims for damages against SERENITY BLU are excluded in cases of slight negligence.
The injured party must prove the existence of slight or gross negligence.
The period of limitation of claims for damages by the Client is 6 months from knowledge of the damage and originator of the loss.
The period of limitation begins at that time, even if the damage has not yet occurred.
Compensation for financial losses and consequential damages, lost profits and damages from third party claims against SERENITY BLU is excluded in all cases, as far as legally permissible.
Participants in consulting, coaching, workshops, trainings, events, seminars, etc. confirm by their participation that the health-related conditions required for their participation are given.
Exclusion of set-off:
The Client is not entitled to offset his own claims against the claims of SERENITY BLU.
Should individual provisions of these General Terms and Conditions be or become ineffective, this does not affect the remaining content of this contract. Instead of an ineffective provision, the legally effective provision that comes closest to the economic effect of the ineffective provision is deemed to have been agreed.
Use of data, change of address:
The Client grants his consent to the automatic storage and processing by SERENITY BLU of the personal data contained in the order in fulfillment of this contract. The Client is obliged to notify us of changes to his residential or business address until the contractual transaction has been completely fulfilled by both parties. If notification does not take place, statements are deemed to have been received, even if they are sent to the last known address.
Choice of law / jurisdiction:
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded.
The exclusive place of jurisdiction is the factual and local competent court at the registered office of SERENITY BLU.