General Terms and Conditions
1.Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to the services offered by us, Dr. Barbara Flügge, digital value creators (DVC), digitalvaluecreators.com, DIGITIZINGECOSYSTEMS.com and BARBARA-FLUEGGE.com (hereinafter referred to as “we”, “our” or “us” or “DVC” or “dvc”), including the products, services, tools, documents, and material offered under www.digitizingecosystems.com as well as www.barbara-fluegge.com and our online outlets (e.g. LinkedIn, etc.), (hereinafter individually and collectively referred to as “Website”) and all contracts concluded via our Website between us and you as our customer. The Terms and Conditions apply regardless of whether you are a client, consumer, entrepreneur, merchant, institutional, public, or private organization or expert.
1.2 All agreements made between you and us in connection with the respective contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.
1.3 The version of the Terms and Conditions valid at the time the contract is concluded shall apply.
1.4 We do not accept deviating conditions of the customer. This shall also apply if we do not expressly object to such inclusion.
- Intellectual property and rights of use
The website offers services, products, tools, documents, and material for purchase in our shop. All works presented and distributed on this website are subject to copyright protection. The use or reproduction in other electronic or printed publications or shops is not permitted without our express consent.
The reproduction of our website or its contents, their provided documents and contributions – in textual, printed, visual or audio-visual form – is strictly prohibited. Likewise the duplication of the works, ideas, and figures presented on our website is strictly forbidden – either as a whole or in parts or by forwarding the works, ideas and figures, their transmission, their transmission, their re-use, their resale or their sales. The domains of our website „digitalvaluecreators.com“, “BARBARA-FLUEGGE.com” and “DIGITIZINGECOSYSTEMS.com” are and become the sole property of Dr. Barbara Flügge and are written in small, capital or small and capital letters. Reproduction, distribution, transmission, reuse in original or modified form is prohibited without the express written consent of us.
The website uses photos. These are subject to the protection of the copyrights of the respective photographers, which made these photos available.
- The shop
We offer a great variety for our prospects and clients seeking to grow into new markets, empower their competences and skills, and driving the change in their ecosystems.
3.1 The advantages of the shop for you as a decision-maker, project team, student and interested party lie in the availability of high-quality and practically applicable articles such as products, material, tools, and our services. These have been tested and carefully researched in distinct fields of application. These we have tested in extensive iterations.
The shop hereby offers you several benefits:
- You receive the knowhow and expertise from Dr. Barbara Flügge and her team of about 24 years full of strategy, design, development, composition, and implementation procedures, methods and projects as well as management tasks and clients projects and needs.
- You receive high-quality products, services, and downloadable contributions Swiss Made, Made in Germany and Made in Austria.
- You choose without obligation.
- You order and the product is being reserved.
- Through efficient business processing and arrangements with suppliers from Switzerland, Germany and Austria, we optimize the manufacturing and purchasing effort.
- We work with specialized logistics service providers that take care of the logistics supply chain for your products purchased in the shop.
Any orders related to physical or digital products placed via the website are subject to fulfillment, provided that the items are available for sale and thus for delivery. The situation that an article is available for sale but not for delivery does not arise usually. Though, an exception occurs when we make a pre-announcement for an item available in the near future and you are able to pre-order the item.
Each order will be confirmed to you by electronic mail (“e-mail”).
3.4 Means of payment
In order to give our customers the greatest possible security in the payment process, we have decided to offer payments via Stripe and direct debiting. Stripe is a trustworthy service provider in the international payment industry. You can conveniently process the payment here. Regardless of the currency you choose, payment is made in Swiss francs (CHF). For each order the prices at the time of the order are valid.
If you place an order in the shop, you as a customer accept the GTC and confirm the acceptance of the contract. As soon as the payment has been made, the delivery of the ordered article will be arranged. We reserve the right to cancel a delivery if a customer does not complete the payment process.
All information on products, product characteristics and prices are subject to error. Our offer is subject to change without notice. The shop has a price guarantee, i.e. the prices are valid from the publication six months. A change of the gross prices is possible after the expiration of six months. The value added tax (“VAT”) is based on the generally valid value added tax rate in Switzerland. This is currently 7.7%, in words seven points seven percent. Further expenses such as shipping, customs duties and other import relevant expenses are calculated separately and apply in addition to the gross price.
3.6 Invoicing, delivery and ownership
The invoice is issued on the basis of the prices and conditions posted in the shop. The price charged to the buyer is derived from the selection made by the buyer, i.e. the gross price plus shipping costs and any relevant customs and import conditions. The prices are published under in the shop. For each order the prices at the time of the order are valid. Shipping costs vary according by delivery address.
We deliver worldwide. Customs clearance and other expenses are invoiced directly to the customer by the forwarding agent and are to be paid at the latest at the time of delivery. Any order placed via the website will be confirmed to you immediately and if possible. Should there nevertheless be deviations, you are obliged to inform us of these immediately.
The delivered works remain our property until full payment has been received.
- Services Agreement
This digital value creators (DVC) (“Service”) Client Agreement (“Agreement”) is made between (“you” or “your” or “client”) and digital value creators (DVC) (“Company”, “I” or “we”).
Unless otherwise agreed by the Parties, a Party must not disclose the terms of this contract or anything related or connected to this contract to a third party unless the other party has agreed via written consent.
This agreement is not intended to create a partnership, joint venture, or agency relationship between the Parties.
You have relied entirely upon your own enquiries and inspections of engaging with digital value creators (DVC) and Dr. Barbara Flügge.
Neither party shall be liable to the other for any loss of income or contracts, loss of profit (direct or indirect) or for any incidental, indirect, special, or consequential loss or damage arising out of or in connection with the agreement.
- Agreement for Events
In addition to above mentioned and other Terms and Conditions, the following provisions shall apply to participation in future events offered by us (courses, seminars, workshops, trainings, etc.):
5.1 A contract for participation in an event requires a written registration (online or email registration is sufficient) and a written confirmation from us (email is sufficient).
5.2 Registrations are generally considered in the order in which they are received by us. If a registration cannot be considered (e.g. if the maximum number of participants is reached or the deadline is not met), we will inform you immediately.
5.3 As a participant, you are generally obliged to pay the fee for participation in the event in advance, unless otherwise agreed in individual cases.
5.4 After confirmation of a registration, you may withdraw from the contract in accordance with the following provisions, whereby a cancellation fee of the specified amount shall be payable in each case:
- Cancellation up to four weeks before the start of the event: No cancellation fee
- Cancellation later than four weeks before the start of the event: The agreed fee will be due in full. However, you have the opportunity to catch up on your participation in the event. Our event dates are available to you within one year, depending on the number of participants available.
5.5 We only owe the proper execution of the respective event, whereby we are free in the content including the selection of the respective event leader. A certain success or learning objective is not owed.
5.6 The minimum age for participation in our events is 18 years.
5.7 The premises in which the events are held may not be barrier-free. If accessibility is a mandatory requirement for you to participate in an event – or if you have other special requirements for the premises – you must inform us of this in writing within the framework of your registration or immediately.
5.8 We are entitled to withdraw from the contract for good cause, irrespective of other reasons, in particular if there are no or no longer sufficient registrations for an event or if the event has to be cancelled for reasons for which we are not responsible. In the aforementioned cases, participation fees already paid will be refunded in full, but the participants are not entitled to damages or other claims.
5.9 You acknowledge and agree that we may take photos and/or videos of you as a participant in the course of the events, including the work results produced by you in the course of the event (material) and publish the material for the purpose of PR, self-promotion, in all media, including on our website and social media profiles and other services of third parties and disseminate them through functions such as “Share”, “Liken”, “Link” or similar. Distribute functions further. For this purpose, you grant us all necessary rights including any necessary personal rights consents free of charge for an indefinite period of time.
- Note on the presentation of shop items on the website and mobile devices
We publish pictures, texts and illustrations of the print articles on the website in order to present them as clearly, visually and comprehensibly as possible. It is our interest to offer visitors to the website the best possible representation. Nevertheless, depending on the chosen electronic medium, color changes or distortions of size and text may occur.
Great articles, texts and products also find imitators. It is important to us to protect our products and articles as well as possible. It won’t stop them from trying re-prints or other types of reproductions! If a reproduction should come across you, please let us know. Thank you very much!
- Return or exchange
Before releasing the order, please check whether the information and selection are correct. As soon as you have received the item, we recommend an inspection. If you find any errors in the delivery, packaging damage or similar, please note this on the delivery note and sign it. Please contact us at the following e-mail address and quoting the order number: email@example.com.
There is a right of return of 14 days after receipt of the goods. Please note that customs duties, import sales tax, any bank and / or shipping charges incurred in the case of a return will not be refunded.
The return of a product has to take place in the original packing and adherence to the dispatch conditions necessary for the respective acquired product. A return takes place under indication of the order number, the return reason and under return delivery to the following address:
digital value creators (DVC) Ltd.
Dr. Barbara Flügge
Gäbrisstrasse 9, 9320 Arbon, Switzerland
- Special provisions for vouchers
The following additional provisions apply to the purchase of vouchers:
8.1 If a voucher relates to participation in the events offered by us, the provisions for events shall apply. Registration and confirmation are required for the participation in an event.
8.2 Unless otherwise stated in the voucher, the purchase of a voucher does not entitle the holder to participate in a specific event or at a specific venue or event day.
8.3 We reserve the right to change, extend and/or shorten individual events in terms of type and/or scope and content, to change prices and/or no longer offer individual events. If the event specified in the voucher is no longer offered or only offered in a modified form and/or at a modified price at the time the voucher is redeemed, the value of the voucher shall be offset against the value of the other event. There will be no exchange, no refund and no cash payment.
8.4 Vouchers will not be refunded, there will be no exchange, no refund and no cash payment. If the voucher is used for a service whose value is higher than the value of the voucher, the value of the voucher will be credited to the other service.
8.5 In the event of a cancellation after this date, the cancellation fee will be charged separately and will not be deducted from the value of the voucher.
- Customer service
You can reach us at the following e-mail address: firstname.lastname@example.org. The customer service answers your inquiries and requests as soon as possible, within the opening hours from 9.00 to 17.00 Central European Time.
The website may contain links to websites of third parties which are not operated or checked by us. These links serve to provide you with further information or tips in a convenient manner. Links do not serve in any case to release information to third parties or to advertise offers from third parties. Conversely, you may only offer a link to our website if you have been expressly authorized by us in writing to do so.
- Data protection
In addition to the information given in these Terms and Conditions, the provisions of our data protection declaration apply.
- Limitation of liability
The website and we shall not be liable for any incorrect, inadequate, knowingly, or unknowingly exercised, directly incurred, or indirectly incurred damages resulting from the use of our website and the texts and offers contained therein.
We are not error-free either.
Errors may creep into the website. We and the website cannot guarantee that the web pages are always up-to-date and up to date with regard to virus protection. We try our best to ensure that they are up to date. We strive for 100% accuracy and up-to-date content. However, neither accuracy nor topicality can be confirmed. We and the website assume no liability whatsoever for the use, exploitation and exploitation of the contents and processes on the website.
- Applicable law and place of jurisdiction
14.1 The provisions of Swiss law shall apply, even if orders are placed from abroad or deliveries are made abroad.
14.2 The place of jurisdiction for all claims in connection with “digitalvaluecreators.com”, “DIGITIZINGECOSYSTEMS.com” and “BARBARA-FLUEGGE.com” is Arbon.
14.3 The ineffectiveness of individual regulations does not affect the remaining effectiveness of the contract and these AGB.