Terms and Conditions with customer information

  1. Scope
  2. Offers and service descriptions
  3. Ordering process and contract conclusion
  4. Prices and shipping costs
  5. Delivery, product availability
  6. Payment arrangements
  7. Retention of title
  8. Warranty and guarantee
  9. Liability
  10. Storage of the contract text
  11. Place of jurisdiction, applicable law, contract language
  12. Scope
part B

Seminars and training
B.1. Scope, definitions
B.2. Services of the organizer
B.3. conclusion
B.4. Prices and terms of payment
B.5. Eligibility, contract transfer
B.6. Below the minimum number of participants
B.7. Change or cancellation of the event
B.8. Contractual right of withdrawal (cancellations)
B.9. teaching material
B.10. liability
B.11. Applicable law, jurisdiction
B.12. Alternative Dispute Resolution

B.12. Alternative Streitbeilegung

1.1. For the business relationship between Anna Reckmann, Linkstraße 37, 65933 Frankfurt (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions apply in their version valid at the time of the order.

1.2. You can reach our customer service for questions and complaints on weekdays from 9:00 to 18:00 clock under the telephone number 0151-56304116 and by e-mail at [email protected]

1.3. Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed predominantly neither their commercial nor their independent professional activity (§ 13 BGB).

1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.

 

  1. Offers and service descriptions

2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.

2.2. All offers are valid “as long as stocks last”, unless otherwise noted in the products. Incidentally, errors remain reserved.

 

3. Ordering process and contract conclusion

3.1. The customer can select products from the assortment of the seller without obligation and collect them via the button [add to cart] in a so-called shopping cart. Within the shopping cart, the product selection may be changed, e.g. to be deleted. Afterwards, the customer can proceed within the shopping cart via the button [Proceed to checkout] to complete the order process.

3.2. With the button [place binding order] the customer submits a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only concluded when the seller ships the ordered product to the customer within 3 days, or hand over the shipment confirmed the customer within 3 days with a second e-mail, express order confirmation or sending the invoice.

3.4. If the seller allows a prepayment, the contract comes about with the provision of bank details and payment request. If, despite the due date, the payment has not been received by the seller after renewed request until 10 calendar days after sending the order confirmation, the seller will withdraw from the contract with the consequence that the order is invalid and the seller has no obligation to deliver. The order is then done for the buyer and seller without further consequences. A reservation of the article in advance payments is therefore for a maximum of 10 calendar days.

 

4. Prices and shipping costs

4.1. All prices quoted on the seller’s website include the applicable VAT.

4.2. In addition to the prices quoted, the seller charges for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

 

5. Delivery, product availability

5.1. As far as advance payment has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If the delivery of the goods fails due to the fault of the buyer despite three times delivery attempt, the seller can withdraw from the contract. Potential payments made will be reimbursed to the customer immediately.

5.3. If the ordered product is not available because the seller of this product is not supplied by his supplier through no fault of his own, the seller may rescind the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

5.4. Customers are informed about delivery times and delivery restrictions (for example, limitations on deliveries to certain countries) on a separate information page or within the relevant product description.

 

6. Payment arrangements

6.1. The customer can choose from the available payment methods within and before the order process. Customers are informed about the available means of payment on a separate information page.

6.2. If payment by invoice is possible, the payment must be made within 10 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are charged with payment processing, e.g. Paypal apply their terms and conditions.

6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, the customer has to pay the statutory default interest.

6.5. The obligation of the customer to pay default interest does not exclude the assertion of further damages by the seller.

6.6. The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

 

7. Retention of titleUntil full payment, the delivered goods remain the property of the seller.

 

8. Warranty and guarantee

8.1. The warranty is determined by legal regulations.

8.2. A warranty exists for the goods delivered by the seller only if this was expressly delivered. Customers are informed about the warranty conditions prior to initiating the order process.

 

9. Liability

9.1. For a liability of the seller for damages, the following exclusions and limitations apply without prejudice to the other statutory eligibility requirements.

9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of duties whose fulfillment enables the proper execution of the contract in the first place and whose compliance the customer regularly trusts. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability shall not apply to injury to life, limb or health, to a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

 

10. Storage of the contract text

10.1. The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the right of revocation and the instructions for shipping costs and delivery and payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the internet.

 

11. Final provisions

11.1. Jurisdiction and place of performance is the seat of the seller, if the customer is a merchant, a legal entity under public law or a special fund under public law.

11.2. Contract language is German.11.3. European Commission Online Dispute Resolution (OS) platform for consumers: http://ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

part B
Seminars and training

B.1) Scope, definitions
1.1 These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of Anna Reckmann (hereinafter "Organizer") apply to all contracts for participation in courses / seminars (hereinafter referred to as "Event") by a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the organizer regarding the events presented on the website of the organizer. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.3 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.

B.2) Services of the organizer
2.1 The organizer provides its services through qualified, selected by him staff. The organizer may also use the services of third parties (subcontractors) who act on its behalf. Unless otherwise stated in the course description of the organizer, the customer has no right to choose a specific person to carry out the desired event.
2.2 The organizer performs his services with the utmost care and to the best of his knowledge and belief. A certain success owes the organizer but not. In particular, the organizer does not warrant that the customer will achieve a certain learning success or that the customer will achieve a specific performance goal. This is not least dependent on the personal commitment and will of the customer, on which the organizer has no influence.
B.3) Conclusion of the contract
3.1 The events described on the website of the organizer do not constitute binding offers by the organizer, but serve to make a binding offer by the customer.
3.2 The customer may submit his offer via the online registration form provided on the organizer's website. In this case, the customer, after he has entered his data in the registration form, by clicking on the signing process concluding button from a legally binding contract offer in relation to the selected event. Furthermore, the customer can also submit the offer by telephone or e-mail to the organizer.
3.3 The organizer may accept the offer of the customer within five days,
- by providing the customer with a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), in which case access to the confirmation of registration by the customer is authoritative, or
- by asking the customer to pay after submitting the contract.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the organizer does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The same applies in the event that the event selected by the customer begins before the expiration of the acceptance period and the organizer does not accept the offer of the customer until at least 24 hours before the start of the event, unless agreed otherwise between the parties.
3.4 The deadline for the acceptance of the offer begins on the day following the dispatch of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer.
3.5 In the event of registration via the website of the organizer, the contract text will be stored by the organizer after conclusion of the contract and sent to the customer in writing (eg by e-mail, fax or letter) after the order has been sent. An additional accessibility of the contract by the organizer does not take place.
3.6 Prior to the binding submission of the offer via the online registration form of the organizer, the customer can correct his entries continuously using the usual keyboard and mouse functions.
3.7 Only the German language is available for the conclusion of the contract.
3.8 If the customer registers further participants for an event, he undertakes to be responsible for the contractual obligations of all participants who have registered for them, provided that he makes a corresponding declaration when registering.
B.4) Prices and terms of payment
4.1 Unless otherwise stated in the offer made by the organizer, the indicated prices are total prices, which include the statutory value added tax.
4.2 Costs for travel, accommodation and meals for face-to-face events are not included in the price and are to be borne by the customer, unless the course description of the organizer indicates otherwise.
4.3 The customer has various payment options available, which are stated on the website of the organizer.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.

B.5) Eligibility, contract transfer
5.1 Only the person named in the registration confirmation is eligible to participate. A contract transfer to a third party is only possible with the consent of the organizer.
5.2 If a third party enters into the contract between the customer and the organizer, he and the customer are liable to the organizer as joint and several debtors for the participation fee and any additional costs incurred by the entry of the third party.
B.6) Below the minimum number of participants
6.1 The organizer can determine a minimum number of participants for his courses. If a minimum number of participants is determined, the organizer will explicitly point this out in the course description.
6.2 If the minimum number of participants is undershot, the organizer may withdraw from the contract by giving notice to the customer at the latest seven days before the beginning of the course. The organizer will immediately inform the customer of his resignation after knowledge of the number of participants not reached, at the latest seven days before the beginning of the course.
6.3 If the organizer makes use of his right of withdrawal in accordance with the preceding paragraph, the customer may request participation in an at least equivalent other event, if the organizer is able to offer such an event from his offer at no extra cost to the customer. The customer must assert his request immediately upon receipt of the organizer's declaration.
6.4 If the customer does not exercise his right according to the preceding paragraph, the organizer will immediately reimburse the customer for any participation fee already paid.

B.7) Change or cancellation of the event
7.1 The organizer reserves the right to change the time, place, course instructor and / or content of the event, provided the change is reasonable for the customer taking into account the interests of the organizer. Reasonable are only insignificant changes in performance that become necessary after conclusion of the contract and have not been brought about by the organizer against good faith. The organizer will inform the customer in case of a change in time, place, course instructor and / or content of the event in good time.
7.2 In the event of a significant change in performance, the customer may withdraw from the contract free of charge or, instead, request participation in an otherwise equivalent event if the organizer is able to offer such an event from its offer at no extra cost to the customer.
7.3 The customer must assert the rights according to the above number immediately after informing the organizer of the change of service.
7.4 The organizer is entitled to cancel the event for good cause, such as force majeure or illness of the instructor at short notice for a full refund of a possibly already paid participation fee. The organizer will endeavor to cancel the event for a replacement date.

 

 

B.8) Contractual right of withdrawal (cancellations)
Regardless of any existing statutory right of revocation, the organizer grants the customer the right to cancel his registration for an event of the organizer free of charge according to the following conditions (contractual right of withdrawal):
8.1 The customer can cancel his registration up to 40 days before the start of the booked event without giving reasons by a statement to the organizer in text form (eg E-Mail). For compliance with the cancellation period, the receipt of the declaration by the organizer is decisive. If the customer cancels his application on time, the organizer will refund him in full any participation fee already paid within a period of two weeks from receipt of his declaration. For this the organizer can use the same means of payment, which the customer used for its payment to the organizer.
8.2 Any existing statutory right of withdrawal of the customer is not limited by the above-mentioned right of withdrawal.

B.9) teaching materials
9.1 The organizer is the owner of all rights of use necessary to carry out the event. This also applies with regard to teaching materials which may be provided to the customer in connection with the event.
9.2 The customer may only use the contents of the event, including any instructional material provided, to the extent necessary for the purpose of the contract used by both parties. In particular, the customer is not entitled to record the event or parts thereof or to duplicate, distribute or make publicly available any educational documents without the organizer's special permission.
B.10) liability
The organizer is liable to the customer from all contractual, contractual and legal, as well as tort claims for damages and reimbursement of expenses as follows:
10.1 The organizer is fully liable for any legal reason
- in case of intent or gross negligence,
- intentional or negligent injury to life, body or health,
- on the basis of a guarantee, unless otherwise stipulated,
- due to mandatory liability, such as under the Product Liability Act.
10.2 If the organizer negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Significant contractual obligations are obligations which the contract imposes on the organizer according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
10.3 Incidentally, a liability of the organizer is excluded.
10.4 The above liability regulations also apply with regard to the liability of the organizer for his vicarious agents and legal representatives.

B.11) Applicable law, jurisdiction
11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties.
11.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the organizer. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the organizer is the exclusive place of jurisdiction for all disputes arising from this contract. However, in the above cases, the organizer is in any case entitled to call the court at the customer's place of business.

B.12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The organizer is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.