Erasmus A 2 Brno Würzburg 06 2015 Final Presentation

Erasmus+ A 2 Brno|Würzburg, 06|2015 Final Presentation

Date: in 12 pts

Agenda Findings 1. 2. 3. 4. 5. 6. 7. German school system Special dictionary Model situations Legal basics within the EU Specimen for business letters Comparing offers Review Date: in 12 pts

German Vocational School: The Dual System General qualification for university entrance Vocational training for a profession (in the dual system) Secondary school with different graduation levels Basic education at primary school Date: in 12 pts

German Vocational School: The Dual System Company Vocational school Date: in 12 pts

German Vocational School: The Dual System Two educational Centres 3, 5 – 4 days per week 1 – 1, 5 days per week in-company training at vocational school Training Regulations (Ausbildungsordnung) Framework Curriculum (Rahmenlehrplan) What students learn incompany training Expert knowledge What students learn at vocational school Theoretical backround Applied for whole Germany Applied for Bavaria Date: in 12 pts

German Vocational School: The Dual System is… Ø … attended by about 60% of all young people. Ø … open to all school leavers after general education. Ø … free of charge for the students. Ø … offering over 300 state approved professions (Average duration 3 years). Date: in 12 pts

German Vocational School: The Dual System The Apprentice… Ø … has to apply to the company for the vocational training. Ø … gets an contract of vocational training. Ø … gets a salary. Ø … gets full social insurance. Ø … is protected against dismissals (after max. 4 month of trial period). Ø … enters very early the labour market. Date: in 12 pts

Agenda Findings 1. 2. 3. 4. 5. 6. 7. German school system Special dictionary Model situations Legal basics within the EU Specimen for business letters Comparing offers Review Date: in 12 pts

Special Dictionary Translation of Key Words Klíčová slova CZ Key Words E Kupní smlouva purchase contract, sale agreement Kupující buyer Prodávající Seller Smluvní strany contracting parties Kupní cena purchase money Občanský zákoník Czech Civil code Fachbegriffe D Kaufvertrag Käufer Verkäufer Vertragsparteien Kaufpreis ‚tschechisches BGB‘ Date: in 12 pts

Special Dictionary Klíčová slova CZ Key Words E Fachbegriffe D Předmět smlouvy subject of contract Vertragsinhalt Dodací podmínky Způsob úhrady Odpovědnost za vady Platnost smlouvy delivery terms method of payment responsibility, product liability validity of contract Lieferbedingungen Zahlungsweise Produkthaftung Verbindlichkeit des Vertrages Date: in 12 pts

Special Dictionary Klíčová slova CZ Sleva z kupní ceny Smluvní pokuta Odstoupit od smlouvy Plnit / porušit smlouvu Uzavřít smlouvu Reklamace Key Words E discount Fachbegriffe D Rabatt Penalty avoid/ cancel Vertragsstrafe Vertragsrücktritt to perform / to break a contract to conclude complaint Vertragsbruch Vertragsschluss Reklamation Date: in 12 pts

Special Dictionary Klíčová slova CZ Key Words E Paragon, pokladní sales receipt doklad Faktura FAV, FAP invoice Dodací list bill of delivery Záruční doba guarantee period DPH daň z přidané VAT value added hodnoty tax Vada defect Fachbegriffe D Kassenbon/Quittun g Rechnung Lieferschein Garantiezeit Umsatzsteuer, Mehrwertsteuer Mangel Date: in 12 pts

Special Dictionary Klíčová slova CZ Odběratel, zákazník Dodavatel Podmínky smlouvy Účet Objednávka Zboží Platba Key Words E customer Fachbegriffe D Kunde supplier Terms & conditions of contract account order commodity, goods payment Händler AGB Konto Bestellung Güter Zahlung Date: in 12 pts

Special Dictionary Date: in 12 pts

Agenda Findings 1. 2. 3. 4. 5. 6. 7. German school system Special dictionary Model situations Legal basics within the EU Specimen for business letters Comparing offers Review Date: in 12 pts

Model Situations Setting | Analysis Competitive analysis § Competitors in Brno: REXhry Udolni 403/42 Brno, Veveri § Competitors in Würzburg: Ravensburger (300 km to WÜ) Schmidt Spiele (500 km to WÜ) Hans im Glück (300 km to WÜ) Haba (100 km to WÜ) Customers: Mr. Czech from CZ, Mr. Němec from D Date: in 12 pts

Model Situations Setting | Analysis Data we need about the customers: § Do they earn good money? / How is their financial situation? § What kind of social games are they interested in? § Do they buy games just for them or would they sell them? § Why do they like our products? § Do they buy the games directly from our company or in a shop or maybe via internet? Date: in 12 pts

Model Situations Date: in 12 pts

Model Situations 1. Mr. Czech, as a private person, is shopping in a stone shop of our firm § It is a purchase contract: CZ law § 21 % VAT § You have a lot of rights like: guarantee, complaint and some more § The rights for customers: guarantee, complaint, sales receipt § The rights for sellers: VAT, invoice, payment Date: in 12 pts

Model Situations 2. Mr. Czech is buying in our e-shop at us § It is a purchase contract: CZ law § Rules: Mr. Czech can give the social game back within two weeks, when he have buy it in the e-shop. The costumer pays the shipping costs. § Typical payment method: paypal, by bank, maybe when you go in the store and pay it there, transfer, credit card Date: in 12 pts

Model Situations 3. Our firm Funin is shopping at a private person - Mr. Czech § Mr. Czech offers us to buy some original handmade dice. § It is a purchase contract: CZ law § Rules: quite the same like shopping at a firm - deliver goods free from defects, deliver to the period allotted, pay the price on the due date, accept goods, but: no cancelation/return Date: in 12 pts

Model Situations 4. Mr. Czech is shopping in a German internet shop § § It is a purchase contract: We have to consider Rome-I Art. 6 No. 1 says that Czech rules should apply. When you shop from the internet from another country in the EU, you can give it back without any reason. You have the rights to get the goods to the price you purchased. Date: in 12 pts

Model Situations Date: in 12 pts

Model Situations 5. Mr. Czech is shopping online in China § It is a purchase contract: no Rome-I but CN law § China it is cheaper but the delivery time is longer than inside the EU. § They haven’t got guarantees outside the EU. § We have to pay a duty and VAT. Date: in 12 pts

Model Situations 6. Mr. Němec from Germany is shopping in our internet shop § § § It is a purchase contract: We have to consider Rome-I At situation 4 a person from Czech ordered something from Germany, at this situation someone from Germany orders something from Czech. Rome-I Art. 6 No. 1 says that German rules should apply. It applies to every country in the EU. It should rule the obligation. It applies the German rules, not the Czech. Date: in 12 pts

Model Situations 7. Our firm Funin is shopping in a German internet shop § § § It is a purchase contract: We have to consider Rome-I Art. 4 No. 1 a says that beside the freedom of choice “a contract for the sale of goods shall be governed by the law of the country where the seller has his habitual residence. ” If we didn’t change that, it’s German law. Date: in 12 pts

Model Situations 8. Mr. Němec is shopping in a stone shop in Germany § § § It is a purchase contract: German law The German BGB rules the buying in a stone shop. In German law there is the so called abstraction principle. That means the contract is already drawn if you put something it on the cashier desk and the seller says the transfer of the goods is separate. No withdrawal right! Most shops offers it, but no law says that he have to do so. Date: in 12 pts

Agenda Findings 1. 2. 3. 4. 5. 6. 7. German school system Special dictionary Model situations Legal basics within the EU Specimen for business letters Comparing offers Review Date: in 12 pts

Legal Basics within the EU The European Regulations - Rome-I regulation / directive of EU - Area of application - Content - Example 1: Private person/professional - Example 2: Professional/professional Date: in 12 pts

Legal Basics within the EU Rome I regulation Rome-I Article 3: Freedom of choice 1. A contract shall be governed by the law chosen by the parties. Rome-I Article 4: Applicable law in the absence of choice 1. (a) a contract for the sale of goods shall be governed by the law of the country where the seller has his habitual residence. Rome-I Article 6: Consumer contracts 1. a contract concluded by a natural person (the consumer) with another person acting in the exercise of his trade or profession (the professional) shall be governed by the law of the country where the consumer has his habitual residence. 2. Notwithstanding paragraph 1, the parties may choose the law. Such a choice may not, however, have the result of depriving the consumer of the protection. (shortened excerpts) Date: in 12 pts

Legal Basics within the EU Directive 2011/83/EU (40) The same withdrawal period should apply to all distance contracts. In the case of sales contracts, the withdrawal period should expire after 14 days from the day on which the consumer acquires physical possession of the goods. 2011/83/EU (46) In the event that the consumer withdraws from the contract, the trader should reimburse all payments received from the consumer, including those to deliver goods to the consumer. Additionally the civil code for Germany says: BGB § 357 VI The consumer bears the direct cost of returning the goods if the trader informs the consumer of this obligation. (shortened excerpts) Date: in 12 pts

Legal Basics within the EU The civil code of D/CZ rules: • • Withdrawal / voidability / damage The guarantee / warranty Proposals / signed purchases Public offers Additionally there is the commercial code: • Applies for companies • The basis is the civil code Date: in 12 pts

Legal Basics within the EU Comparison Consumer is buying for himself. Company Companies are buying to sell it further and they add the profit margin and VAT (DPH). Date: in 12 pts

Legal Basics within the EU Comparison Consumer Company • Consumer has a chance • Company can not withdraw a contract to withdraw a contract • Can choose purchase • Purchase law of the law of both countries home country Date: in 12 pts

Legal Basics within the EU Withdrawal in D Withdrawal in CZ Withdrawal: • When you buy something on the Internet • The product hasn’t a defect • In a stone shop there is no withdrawal • 14 days • When the product hasn’t a defect • 14 days Complaint: • Goods have a defect • 2 years guarantee Date: in 12 pts

Legal Basics within the EU Circumstances for a withdrawal § § § § concluding of contract within of 14 days you must have the receipt the goods that you bought send the goods back to the company pay back the money shipping costs to the buyer pays the company shipping costs back to the company pays the buyer Date: in 12 pts

Legal Basics within the EU Complaint in D § § Complaint in CZ commercial seller has the right to § repair the defect on the goods twice, before the buyer has the right to get a new one. § The good has to be repaired, it's not important how big the damage is. § When it's a small damage, they haven't got to repair it or give them a new one. When the buyer will give the goods to the seller, he doesn’t need the bill. § In Czech the buyer has the right to get immediately the money back without repairing the good before. We have two kinds of guarantee. The contractual guarantee and the statutory guarantee (2 y). Date: in 12 pts

Legal Basics within the EU Date: in 12 pts

Agenda Findings 1. 2. 3. 4. 5. 6. 7. German school system Special dictionary Model situations Legal basics within the EU Specimen for business letters Comparing offers Review Date: in 12 pts

Specimen: Inquiry Date: in 12 pts

Specimen: Purchase Order Date: in 12 pts

Specimen: Contract, Terms & Conditions Date: in 12 pts

Specimen: Receipt Date: in 12 pts

Specimen: Invoice Date: in 12 pts

Agenda Findings 1. 2. 3. 4. 5. 6. 7. German school system Special dictionary Model situations Legal basics within the EU Specimen for business letters Comparing offers Review Date: in 12 pts

Comparing Offers: Situation Our company Funin receives 3 offers: supplier price A 2, 20 EUR/pieces per box Discount in% 7, 50 Discount in% 3, 00 transport costs in € 14, 00 Delivery time in days 8 B C 60, 00 420, 00 EUR/box 25 pieces 200 pieces 12, 50 5, 00 2, 00 00, 00 30, 00 180, 00 30 2 Date: in 12 pts

Comparing Offers: Calculation Supplier Price Pieces/box A 2, 20 1 A 440 200 B 2, 4 1 B 480 200 C 2, 1 1 C 420 200 Discount (R) Discount (S) Transport cost Deliverstime Endprice 7, 5 3 14 8 15, 55 7, 5 3 14 8 408, 37 12, 5 2 30 30 31, 46 12, 5 2 30 30 441 5 0 180 2 182 5 0 180 2 579 Date: in 12 pts

Comparing Offers: Calculation The cheapest receives was the offer from supplier A: A: 2, 20 *200 = 440, 00/100*92, 5 = 407, 00+14, 00 = 421, 00/100*97 = 408, 37 B: 60, 00 *8 = 480, 00/100*87, 5 = 420, 00+30, 00 = 450, 00/100*98 = 441, 00 C: 420, 00/100*95 = 399, 00+180, 00 = 579, 00 Date: in 12 pts

Comparing Offers: Calculation Date: in 12 pts

Comparing Offers: Additional Criteria Other aspects than cheapest price: One criteria of the selection from suitable suppliers is, that the supplier has to delivers when we need the goods and not 10 days later, because we have to work with the goods and when we can’t maybe we can get waste. Another criteria is, that we can’t buy to much for the goods we need, because we want to make some money with our goods, but we can’t craving more money for the goods from our costumer. Furthermore we want a supplier who isn’t far away from us, because it’s not good for the environment. In addition, we need a supplier, which has good quality, because we won’t sell something, who isn’t good, or will fast damages. At last, our supplier has to return the goods, when something is damages and he shouldn’t makes some trouble when it’s happens. Date: in 12 pts

Comparing Offers: Benefit Analysis We rate all aspects of the offers: supplier price Delivery time in days Quality Availaibility Guarantee/Services Other criteria A 5 3 3 5 5 3 24 B 3 0 5 3 3 0 14 C 1 5 2 0 0 5 13 Date: in 12 pts

Agenda Findings 1. 2. 3. 4. 5. 6. 7. German school system Special dictionary Model situations Legal basics within the EU Specimen for business letters Comparing offers Review Date: in 12 pts

Review Example of Feedback In my opinion it was a good decision coming here to Brno because I learned many new things, not only new vocabulary and facts about the Czech purchase contract law. Here in the Czech Republic maybe it looks different as in Germany and maybe the students have another attitude but in the end there isn't is real difference. I wouldn't say that we now have new "best" friends but it would be nice if we can stay in contact with our Czech schoolmates. Date: in 12 pts

Review Date: in 12 pts

Date: in 12 pts