General terms and conditions
1. Application of the general terms and conditions
Agile Kitchen is a trademark of Agile Kitchen GmbH.
90429 Nuremberg, Germany
Phone: +49 (0)911-14884849
Agile Kitchen GmbH is therefore the contractual partner for all contracts.
All contracts concluded via the Agile Kitchen website or concluded on the basis of this website are subject to German law. The UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is German.
a) The Agile Kitchen team makes every effort to keep the content of the website in apps and print publications up to date and to provide accurate, correct and high quality information. Nevertheless, we (the Agile Kitchen team) cannot guarantee or accept any liability for the accuracy of the information presented on our website.
b) The website also includes a blog with a comment function. We cannot accept any liability for the content of these comments. Of course, we make every effort to monitor all comments at all times and to delete them as quickly as possible if we suspect that they contain incorrect, offensive or otherwise inappropriate content.
c) Our website contains links to other third-party websites. Despite the greatest possible research and examination of the linked contents, we cannot assume any liability for the functionality of the links nor for the correctness and legality of the linked contents.
d) The contents of the Agile Kitchen website are either the intellectual property of Agile Kitchen GmbH as the trademark owner of Agile Kitchen or are subject to the rights of third parties. Therefore, users may not register or have registered or asserted by third parties any intellectual property rights, such as trademarks, that are wholly or partially identical or similar to the intellectual property rights of Agile Kitchen GmbH as a trademark of Agile Kitchen GmbH or the third party provider.
3. Bookings of workshops
a) Conclusion of the contract
The fee-based booking of workshops consists of 3 steps. In a 4th step you have the possibility to choose a method of payment for the already legally valid contract.
In the first step you have to choose the workshop you want to attend. In a second step you have to enter your data for the booking and you have to read and accept our terms and conditions and data protection regulations. In the third step all important data are to be checked again for their correctness and to change if necessary. With the confirmation of the button “Book for a fee” the contract with Agile Kitchen GmbH as owner of Agile Kitchen is concluded. In the fourth step you can choose a payment method for the payment of the course fees.
The booking process is as follows:
Under the heading Dates you can call up the offers for our workshops in the individual cities or districts. By selecting a city or district, you will be shown all the workshops available in that city or district with price, date, location and number of available places.
By clicking on the button “more” and “book” all details of the selected event as well as the available tickets (see 9.) will be displayed. Furthermore the exact location, date, start and end time and the total price per person will be displayed. Below you will see the registration details for this course.
In order to book the selected course, the mandatory fields “First name”, “Last name”, “Address”, “Postcode”, “City” and “E-mail address” must be filled in correctly.
You can also enter your contact details on a voluntary basis.
Please also read our terms and conditions as well as our data protection regulations carefully and – if you accept or agree to them – confirm this by activating the corresponding checkbox.
Afterwards you have the possibility to register for our newsletter and/or our seasonal offers and discounts. With these functionalities we use the Double-Opt-In registration.
Finally you have the possibility to choose the number of tickets you want to book.
By clicking on the button “Continue to checkout” you will be taken to the next page where you will be shown an overview of all the data you have entered and the total price for all registered course participants. Here you have the possibility to check the correctness of your data and to make corrections if necessary.
By clicking on the button “Pay” you will complete your registration for the selected cooking course or the selected city tour in a binding and chargeable manner, i.e. a legally binding contract between you and Agile Kitchen GmbH as the brand owner of Agile Kitchen is concluded with this click. After the payment of the amount to be paid has been received on our account, you will receive a registration confirmation e-mail to the e-mail address you have provided, in which the most important information is summarised again.
By clicking on the button “Continue to checkout” you will also be taken to the next page where you can choose a payment method. You have the choice between Paypal or bank transfer. By clicking the button “Paypal” you will be redirected to the Paypal page. There you would have to login with your Paypal user data in order to make the payment. Alternatively you can also choose the payment method bank transfer. The account data of Agile Kitchen GmbH, which is the brand owner of Agile Kitchen and therefore the contractual partner, will then be displayed.
Finally please click on the field “Pay”.
As soon as your payment has been credited to your Agile Kitchen business account, the Agile Kitchen team will send you a confirmation of receipt of payment, which will also constitute the reservation of the appropriate places in the selected cooking course or city tour.
b) All workshops will be held in German unless explicitly stated otherwise in the course details.
c) Any claims resulting from the workshops by you against the provider, its employees and agents are limited to intent and gross negligence. This limitation does not apply to injuries to life, body and health.
d) You undertake to pay compensation for any damage caused by you, in particular to the course utensils provided. This obligation does not apply if the damage was caused by instructions given by the training personnel.
e) Due to the technical feasibility, we cannot reserve the contract text for you. If you wish to save the contract text for your records, we recommend that you take a screenshot before clicking the “Pay” button. However, in the confirmation email all essential points of the contract will be made available to you once again.
4. Purchase of vouchers
a) Conclusion of the contract
The purchase of vouchers for a fee consists of 3 steps. In a 4th step you have the possibility to choose a payment method for the already legally valid contract.
In the first step you choose the event “voucher”. In a second step your data are to be indicated for the purchase of the coupons and you have to read and accept our AGB and data protection regulations. In the third step all important data are to be checked again for their correctness and to change if necessary. With the confirmation of the button “Book for a fee” the contract is concluded with Agile Kitchen GmbH as brand owner of Agile Kitchen. In the fourth step you can choose a payment method for the payment of the course fees.
b) Sending the voucher code
After we could determine your receipt of payment on our business account, the coupon code will be sent to you by email.
c) /////////// Cancellation Policy
right of withdrawal
As a private person you can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or – if the goods before the deadline – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient. The timely dispatch of the revocation or the goods suffices to comply with the revocation period. The revocation is to be addressed to: Agile Kitchen GmbH, Eberhardshofstr. 8a, 90429 Nuremberg; e-mail: firstname.lastname@example.org
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received services or benefits (e.g. benefits of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must pay us compensation for the value of the goods. For the deterioration of the goods and for any use made of them, you only have to pay compensation if the use or deterioration is due to a handling of the goods that goes beyond the inspection of the properties and functionality. Under “examination of the characteristics and the function mode” one understands the testing and trying out of the respective commodity, as it is possible for instance in the retail shop and usual. Goods that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if at a higher price of the goods at the time of revocation you have not yet provided the consideration or a contractually agreed partial payment. Otherwise the return is free of charge for you. Items that cannot be sent as parcels will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
////////// End of the revocation instruction
5. Services of “Agile Kitchen”
Agile Kitchen offers workshops on agility and digitization. The services of the events result from the offered course program or are arranged individually. We reserve the right to change dates due to unforeseeable circumstances.
All ingredients you need for the preparation are included in the course fees for the workshop.
The course fees and the scope of services of the various workshops can be found in the respective course programme. The duration of a course is usually 4.5 hours. The minimum number of participants per course is 4. For public cooking courses the number of participants is limited to 24 persons. For company events, group events or cookery events booked separately, the scope of services will be individually determined based on the public course offer.
6. Changes in services and withdrawal
Agile Kitchen reserves the right to cancel appointments at short notice for important reasons and to offer appropriate replacement appointments.
We also reserve the right to make minor program changes. This applies in particular to the exchange of certain menu components (e.g. because food is not available) or the scope of the dishes to be prepared (e.g. in the case of courses that are not fully booked), without this giving you any rights.
If the minimum number of 4 course participants is not reached, “Agile Kitchen” reserves the right to postpone, combine or cancel cookery courses up to 5 days before the start of the course, at its own discretion, with full refund of course fees already paid.
If a workshop cannot take place due to illness of the instructor and no replacement person is available, “Agile Kitchen” has the right to withdraw from the contract, even at short notice, against reimbursement of the course fee.
If a workshop is postponed or cancelled, you will immediately receive a written or telephone notification.
In case of cancellation by the customer, the following conditions apply:
Cancellation must be made in writing by e-mail to email@example.com . The customer will then receive a voucher. The voucher amount depends on the ticket type (standard ticket or flex ticket) and the lead time and can be taken from the table below.
The vouchers are sent by e-mail and can be redeemed for the same or another Agile Kitchen event.
|Up to 2 weeks||100%|
|Up to 1 week||75%|
|Up to 2 days||50%||100%|
|Before the event||25%||50%|
If the newly selected course is of higher value than the original course, the difference must be paid at the start of the workshop.
If the newly selected cooking course is of lower value, the difference will be forfeited.
The customer’s claim is void if he does not appear. He has the right to transfer the participation in a course to another person, provided that “Agile Kitchen” is informed of this in writing at the latest on the day of the event.
8. Individual Group Events
The following applies, however, to individually designed group events (closed societies): For private or corporate events, cooking events or fixed groups, the minimum turnover is €1500.00. For smaller groups, we reserve the right to hold additional parallel events.
The reservation for an event becomes binding when the confirmation is sent.
The exact number of persons can be reduced by up to 10 percent up to 5 working days before the event at the latest – otherwise the minimum number of participants specified above will be used as the basis for invoicing. If more persons than agreed participate, the price will be charged according to the offer. With his order, the customer assures that he has read and accepted the General Terms and Conditions.
Cancellation of the event by the customer is generally possible. The price of the event will be invoiced according to the offer as follows:
- Cancellation after booking confirmation: 25% of lost turnover
- Cancellation up to 6 weeks before the event: 50%.
- Cancellation up to 2 weeks before the event: 75%.
- Cancellation up to 5 working days before the date of the event: 100%.
Special services which become useless as a result of the cancellation shall be remunerated in any case, in particular the costs of outsourcing.
9. Terms of payment
Invoices are payable immediately and without deduction, but no later than after 14 days in cash or by bank transfer. In the event of late payment, we shall be entitled to charge processing fees, interest and all other costs incurred as a result of the late payment, plus a processing fee of €5.00 per reminder. The reimbursement of all reminder and collection charges shall be deemed agreed.
We reserve the right to demand an advance payment, the amount of which shall be determined by Agile Kitchen GmbH at its reasonable discretion. Unless otherwise agreed in writing, payments shall be made without any deduction upon acceptance of the goods. The customer is not entitled to withhold or offset payments due to warranty claims or counterclaims. In addition, we shall be released from all further delivery obligations if our terms of payment are not complied with. Remaining residual amounts shall be set off against our oldest claims.
We shall be liable without limitation for damages resulting from injury to life, limb or health resulting from a negligent breach of duty on our part and for damages resulting from an intentional or grossly negligent breach of duty on our part.
In the event of slight negligence, we shall only be liable for claims arising from § 311 para. 2 BGB and if we have breached a material contractual obligation (cardinal obligation). In the event of a breach of a material contractual obligation, we shall only be liable for the foreseeable damage typical of the contract.
Any other liability is excluded.
The above liability provisions shall also apply to our vicarious agents.
Every course participant is obliged to follow all instructions given by the course management regarding the hygienic handling of food and general hygiene. Allergies as well as infectious diseases must be reported to the course management before the start of the course. It is up to the course management to exclude students with infectious diseases from the preparation.
12. House Rules
The course administration has the householder’s rights. The instructions of the teacher must be followed.
13. Data Protection
Customer data is collected, stored, processed and used in accordance with the provisions of the BDSG. Customer data will only be used within “Agile Kitchen” and will not be passed on to third parties. The customer gives his express consent that personal data may be stored and processed automatically. Personal data will be treated confidentially.
With Double-Opt-In, the entry in the newsletter subscriber list or the subscriber list for seasonal offers and discounts must be confirmed by Agile Kitchen in a second step. A link will be sent to you in a confirmation email. Only when you confirm your registration by clicking on this link will your data be permanently stored in our database and you will receive the Agile Kitchen newsletter or seasonal offers and discounts.
15. Final Provisions
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract shall be the registered office of “Agile Kitchen”. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed. This shall not affect the right to also appeal to the court at another statutory place of jurisdiction.
The invalidity or ineffectiveness of one or more of the above conditions shall not affect the validity of the remaining conditions.
The present general terms and conditions are as of: 09/08/2016
place of jurisdiction
Place of performance and jurisdiction is Nuremberg.
Agile Kitchen GmbH
Eberhardshofstr., 90429 Nuremberg, Germany
Phone: 0911-1488 4849