General Terms and Conditions of the
Trauma Academy TA GmbH
Nattermannallee 1
50829 Köln
Managing Director:
Jan Jennes
Commercial register no.: HRB 100695
Registered at: Amtsgericht Köln
Telephone: +49 (0) 221 500 576 71
E-Mail: info@trauma-academy.com
1. validity of our terms of sale and delivery
1.1 The offers of TRAUMA ACADEMY TA GmbH are not directed to consumers. The information at www.trauma-academy.com, as well as our offers, are exclusively intended for companies or entrepreneurs and medical professionals who use our goods or services in their predominantly independent professional or commercial activities or in their official or official activities.
1.2 All contracts that we conclude with third parties for our services are based on the following terms and conditions. These shall also apply to all future corresponding agreements, even if they are not expressly agreed upon again. These terms and conditions shall be deemed accepted at the latest upon acceptance of our services. Counter-confirmations of the contractual partner with reference to his terms and conditions of business or purchase are hereby rejected.
1.3 If we specify working days as deadlines, these shall be understood to mean all weekdays with the exception of Saturdays, Sundays, and public holidays. New Year's Eve and Christmas Eve shall be considered public holidays.
2 Contractual Partner, Conclusion of Contract, Withdrawal
2.1 Your contractual partner is TRAUMA ACADEMY TA GmbH. Contracts with us are currently concluded in English or German.
2.2 Our advertised goods and services are merely non-binding invitations to submit an order offer. They are subject to change until they become the content of a contractual agreement.
2.3 A binding contract shall not be concluded until we accept your order by means of a declaration of acceptance or by transmitting or otherwise making available the results of our performance. In this case, the customer waives the right to receive a declaration of acceptance, § 151 sentence 1 BGB. The customer is bound to his order for a maximum of 14 days. Any electronic confirmation of receipt of an order shall not constitute acceptance of the contract, but shall merely serve as notification of the actual receipt of the communication.
2.4 The customer shall have the right to withdraw from the contract only in accordance with the following provisions:
The client may withdraw from the contract without setting a deadline if TRAUMA ACADEMY is finally unable to provide the entire service before the transfer of risk. In addition, the client may withdraw from the contract if, in the case of an order, the execution of part of the delivery becomes impossible and the client has a justified interest in refusing the partial delivery. If this is not the case, the customer shall pay the contract price attributable to the partial delivery. The same shall apply in the event of TRAUMA ACADEMY's inability to perform.
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3. course dates, subject of performance
3.1 TRAUMA ACADEMY organizes and holds courses in the following format and objectives:
The target group is surgeons who wish to expand and extend their knowledge as part of their specialization. The courses consist of exercises on pre-fractured human specimens as well as technical lectures, innovative planning phases, and discussions. The courses start with a scientific introduction to the subject, followed by planning of the respective case (pre-fractured human preparation). This planning is done using radiographs, CT scans as well as 3D models of the fractures. After that, the treatment of the case with realistic fractures takes place. Each treatment ends with a discussion of the respective cases, for this, the surgeons have 3D X-ray images at their disposal.
The learning objectives of the course are to improve the planning and diagnosis of fractures, the treatment of the fracture with the implants/products provided, the avoidance of errors and complications, and the use of modern X-ray diagnostics such as 3D fluoroscopy. The focus is on gaining knowledge and experience to be able to treat similar cases on real patients with higher safety. The knowledge imparted is free of any advertising or benefit to individual contractual partners.
3.2 The principles of TRAUMA ACADEMY (independence, innovation, standardization, certification) serve to ensure quality and the applicable compliance standards. The multi-vendor principle serves as a basis for the implementation of a course, i.e. at least three competing contractual partners of the medtech industry should actively participate in the course (booked workplaces). However, the contractual partners have no influence on the course program, the course content nor the selection of the instructors.
3.3 Companies that are active in the medtech industry, as contractual partners of TRAUMA ACADEMY, provide the respective required products for the booked workplace (workstations) for the implementation of these courses.
3.4 Course dates: TRAUMA ACADEMY publishes the planned course dates for the coming/the current calendar year as early as possible. This enables the contractual partners to plan and book the courses in good time. However, TRAUMA ACADEMY reserves the right to make changes here for important reasons and to communicate these in good time. The current courses of the TRAUMA ACADEMY can be found at: www.trauma-academy.com.
3.5 Course participants of the TRAUMA ACADEMY courses in Germany: For the course participation the terms and conditions of the contract partner bikmed https://www.bikmed.de/service/agb.html apply.
The reason for this is the course booking of the participant via the course portal of bikmed.
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3.6 Course participants of TRAUMA ACADEMY courses in Europe as well as worldwide: For course participation, the GTC of the respective contractual partner through which registration for the course is possible to apply. The GTC for course participants are published on the respective registration portals.
4 Booking, Cancellation of Course Participation
4.1 The contractual partner is free to decide which courses to book participation in. Support by the contractual partner shall be provided in accordance with the criteria of an unrestricted educational grant ("unrestricted educational grants").
4.2 TRAUMA ACADEMY reserves the right to adjust and change the number of booked workplaces per contractual partner based on the 4 above-mentioned principles. This serves the sole purpose of ensuring the quality of the courses as well as the imparting of learning objectives.
5 Termination for cause
5.1 TRAUMA ACADEMY reserves the right to cancel or postpone a course date for the following important reasons:
Force majeure: Cases of force majeure and other events over which TRAUMA ACADEMY has no control, for which TRAUMA ACADEMY is not at fault and which make it considerably more difficult or impossible for TRAUMA ACADEMY to perform, do not lead to consequences of default or liability due to impossibility. These include the following examples, which are not exhaustive: official measures and orders (whether valid or invalid), fire, floods, storms, explosions, riots, natural disasters, war, sabotage, and pandemics. The parties agree that the inability to obtain materials, components, or services are not Force Majeure events. If events defined above are only of a temporary nature, they shall only lead to a corresponding postponement of obligations, but only for the duration of the hindrance plus a reasonable start-up period.
TRAUMA ACADEMY shall not be responsible for the aforementioned circumstances even if they occur during an already existing delay. TRAUMA ACADEMY will inform the client immediately of the beginning and end as well as the nature of the hindrance.
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Number of participants: In close consultation with the contractual partner bikmed, who is responsible for the registration of the participants, the general terms and conditions of bikmed apply here: bikmed GmbH is entitled to withdraw from the contract if a course cannot be carried out due to circumstances for which it is not responsible or if the number of participants does not reach the minimum number required by the teaching method. In this case, any participation fees already paid will be refunded in full. Any further claims are excluded.
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Multi-vendor principle: The aim of the TRAUMA ACACEMY is to create an optimal and highly compliant framework for the participants so that they can develop and expand their knowledge. For this purpose, a diversity of technological support is valuable and necessary. If there are less than 3 industry contractors on a course date, this will be a reason for course cancellation.
6. prices, course fee
6.1 The prices quoted by TRAUMA ACADEMY are net prices in EURO. They are subject to the addition of any statutory value-added tax.
6.2 Offers made by TRAUMA ACADEMY are subject to change until they become the subject of a contract.
6.3 Payments shall be made non-cash by bank transfer. The costs of monetary transactions shall be borne by the client. Half of the agreed payments (invoice amount including transport costs and any customs or other fees) must be paid by the client within 14 days of receipt of the order confirmation. The remaining payment must be made within 14 days after receipt of the final invoice, which will be issued after the end of the event.
7 Deadlines, Delay
7.1 Compliance with deadlines and dates by TRAUMA ACADEMY shall be subject to the condition that all commercial and technical questions between the contracting parties have been clarified, that the contracting party has fulfilled all other obligations incumbent upon it, in particular, that it has handed over any necessary documents in the agreed form and/or has fulfilled the payment of any agreed deposit.
7.2 If the contracting party is responsible for the delay, TRAUMA ACADEMY may charge for any additional costs incurred.
7.3 If TRAUMA ACADEMY is responsible for non-compliance with bindingly agreed deadlines and dates or if TRAUMA ACADEMY is in default, the claim of the client for compensation of damages caused by delay shall be limited to a maximum of 5% of the invoice value of the deliveries and services affected by the delay. Thereby the liability is limited to typical and foreseeable damages. Further claims are excluded unless the delay is due to intent or gross negligence by us or our vicarious agents or legal representatives.
8 Handling of preparations
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Multi-vendor principle: The aim of the TRAUMA ACADEMY is to create an optimal and highly compliant framework for the participants so that they can develop and expand their knowledge. For this purpose, a diversity of technological support is valuable and necessary. If there are fewer than 3 industry contractors on a course date, this will be a reason for course cancellation.
6. prices, course fee
6.1 The prices quoted by TRAUMA ACADEMY are net prices in EURO. They are subject to the addition of any statutory value-added tax.
6.2 Offers made by TRAUMA ACADEMY are subject to change until they become the subject of a contract.
6.3 Payments shall be made non-cash by bank transfer. The costs of monetary transactions shall be borne by the client. Half of the agreed payments (invoice amount including transport costs and any customs or other fees) must be paid within 14 days of receipt of the order confirmation by the client. The remaining payment must be made within 14 days after receipt of the final invoice, which will be issued after the end of the event.
7 Deadlines, Delay
7.1 Compliance with deadlines and dates by TRAUMA ACADEMY shall be subject to the condition that all commercial and technical questions between the contracting parties have been clarified, that the contracting party has fulfilled all other obligations incumbent upon it, in particular, that it has handed over any necessary documents in the agreed form and/or has fulfilled the payment of any agreed deposit.
7.2 If the contracting party is responsible for the delay, TRAUMA ACADEMY may charge for any additional costs incurred.
7.3 If TRAUMA ACADEMY is responsible for non-compliance with bindingly agreed deadlines and dates or if TRAUMA ACADEMY is in default, the claim of the client for compensation of damages caused by delay shall be limited to a maximum of 5% of the invoice value of the deliveries and services affected by the delay. Thereby the liability is limited to typical and foreseeable damages. Further claims are excluded unless the delay is due to intent or gross negligence by us or our vicarious agents or legal representatives.
8. handling of preparations
8.1 The services of TRAUMA ACADEMY are performed in respect of the donors of corresponding preparations from human tissue. Human tissue preparations are objects whose basic structures consist entirely or partly of organic human tissue. These are bodies or parts of bodies, organs or parts of organs of a deceased human being, a deceased fetus, parts of such a fetus, or severed or removed parts of bodies, organs or parts of organs and tissues of a living human being, which are not subject to direct therapeutic use, but rather are prepared. They require cooling and/or special storage for preservation.
8.2 The contractual partner is obliged to treat the preparations with respect for their human origin and the donors. He shall ensure that this respect is also owed in the case of intended handling by third parties. The contractual partner is particularly informed that disrespectful handling may have consequences under criminal law (in Germany, for example, reference is made to § 190 of the German Criminal Code "Störung der Totenruhe").
8.3 In addition, the "Special instructions for handling preparations" of RIMASYS GmbH apply.
The production of illustrations and other reproductions of the preparations, particularly if not used for further education and/or research and development, is not permitted.
8.4 TRAUMA ACADEMY shall only use such preparations to which a corresponding declaration of a donor ("Declaration of Body Donation") can be clearly assigned.
8.5 Unless otherwise agreed, the services of TRAUMA ACADEMY, in particular the provided preparations, may be used exclusively for the training and further education of medical personnel as well as for research and development by the contracting party.
9 Liability
TRAUMA ACADEMY shall be liable beyond warranty claims for claims for damages - in particular from tort, organizational fault, fault in the conclusion of the contract or any other fault-dependent claims from breaches of duty - only insofar as TRAUMA ACADEMY or its vicarious agents are guilty of intent or gross negligence or the damage is based on a breach of material contractual duties or claims under §§ 1, 4 of the Product Liability Act. The above exclusion of liability for cases of simple negligence shall not apply in the case of damage resulting from injury to life, limb, or health; or in the case of the assumption of a guarantee of quality or the fraudulent concealment of a defect within the meaning of § 444 BGB. In these cases, TRAUMA ACADEMY shall also be liable for simple negligence. Insofar as the liability of TRAUMA ACADEMY is regulated above, this shall also apply to its employees, staff, representatives, and vicarious agents.
10. data protection notice
TRAUMA ACADEMY's data protection practice is in accordance with the statutory provisions. Details on the collection and use of your personal data can be found in TRAUMA ACADEMY's separate data protection regulations, which also contain information on credit checks, in which framework values for the probability of non-payment are calculated, whereby your address data are also included.
11 Place of performance, place of jurisdiction, applicable law
11.1 The relations between the contracting parties, in particular these general business relations as well as the legal transactions concluded under their inclusion, shall be governed exclusively by the law applicable in the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as any other intergovernmental agreements, even after their adoption into German law, shall not apply.
11.2 In business transactions with merchants and with legal entities under public law, our registered office is agreed as the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks. In this case, TRAUMA ACADEMY is also entitled to sue at any other legal place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision.