General Terms & Conditions (GTCs)
einzigartig Yoga & Ernährung –
General Terms and Conditions (GTCs)
General terms and conditions of business
For all goods and services that may be acquired via the website www.yinyoga.de (operated by the company “einzigartig – Yoga & Ernährung“, Owner: Stefanie Arend, Hömeler Weg 1a, 51674 Wiehl) – hereafter referred to as “einzigartig – Yoga & Ernährung”.
§ 1 Area of validity
These GTCs apply for all claims from contracts that come about between einzigartig – Yoga & Ernährung and the customer (hereafter referred to as “the customer”) via the website www.yinyoga.de, in its current version, or at the time of the order. Via its website, einzigartig – Yoga & Ernährung above all offers books and DVDs on the topic of Yoga and Yin Yoga training (courses). The following terms and conditions of business, as well as the text of the contract, were originally written in the German language and the customer may load them into their main storage and print them off. If required, they may be requested via the e-mail address email@example.com in digital or written form.
§ 2 Conclusion of contract
(1) The customer can select books and DVDs or Yin Yoga training modules in particular from the einzigartig – Yoga & Ernährung range of products and save these in a so-called shopping cart using the button “In the shopping cart”. The object of the contract in the case of training is the module booked with the associated content as describe on our website. With the button “Order to be paid” there is a binding offer for purchasing or reserving the goods held in the shopping cart. Before sending the order, the customer can change or look at the details at any time; the customer has the option of correcting entry errors before confirming their offer (e.g. via the back button or breaking off the order process and changing the previous entry or by activating the “process” button). However, the request can only be submitted and sent if the customer accepts these contract conditions and has accepted these in their request by clicking on the button, “I have read the GTCs and cancellation policy, and I am in agreement with them”.
(2) einzigartig – Yoga & Ernährung then sends the customer an automatic confirmation receipt via e-mail, which gives details of the customer’s order again, and which the customer can print out via the “Print” function. The automatic confirmation receipt only documents that the order has been received by einzigartig – Yoga & Ernährung, and does not represent any acceptance of the request. The contract only comes about with the issuing of the declaration of acceptance by einzigartig – Yoga & Ernährung, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, or in the event of goods – when these are delivered at the latest, the contract text (consisting of order, GTCs and order confirmation), will be sent to the customer of einzigartig – Yoga & Ernährung on durable media (e-mail or paper printout) (confirmation of contract). The contract text will be saved with the assurance of data protection, and can be requested if required via the e-mail address firstname.lastname@example.org in digital or written form. The customer will be informed of the shipping of the goods ordered via e-mail, as soon as the goods from einzigartig – Yoga & Ernährung have been passed to the transport company.
(3) The conclusion of contract is in German.
§ 3 Services and prices
(1) einzigartig – Yoga & Ernährung makes every effort to present images of the items offered so that they are as close as possible to the originals. However, there may be slight deviations in color.
(2) The total price of the goods or courses, including all price elements associated with them, as well as the payment options and information, are to be found in the context of the details given for the product description. All prices are final prices including shipping costs, and are inclusive of the legal value added tax at the applicable rate. Training according to § 4 no. 21 (Turnover Tax legislation) is free of VAT. Invoices must be paid immediately upon receipt.
(3) The purchaser has the following payment options: by advance payment / transfer or via PayPal.
§ 4 Delivery and shipping
(1) The shipping costs are given with each offer under the “Shipping” section. Shipping takes place within 2-3 working days after receipt of payment. Shipping is via DHL if no arrangements are made to the contrary. einzigartig – Yoga & Ernährung bears the risk of shipping if the customer is a consumer.
(2) If at the time of the customer order the selected product is not available, einzigartig – Yoga & Ernährung informs the customer of this immediately in the order confirmation. If the product is no longer available at all, einzigartig – Yoga & does not send a notification of acceptance. No contract is concluded in this case. If the product described in the customer order only temporarily unavailable, einzigartig – Yoga & Ernährung informs the customer of this immediately in the order confirmation.
(3) If there is a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. The customer’s legal right of cancellation (see Section 5 of these terms and conditions of contract) is not affected by this. Furthermore, in this case, einzigartig – Yoga & Ernährung is also entitled to be released from the contract. einzigartig – Yoga & Ernährung will then also immediately refund any payments already made by the customer.
(4) Should it not be possible for a training course to take place (in particular due to there being too few participants) the payment for the training will be refunded in full and an alternative date may be offered.
§ 5 Right of cancellation for consumer contracts
For a contract concluded via www.yinyoga.de between einzigartig – Yoga & Ernährung and the customer, concerning the delivery of goods or the booking of a service, this is a distance contract according to Section 312 c Para 1 of the German Civil Code. The customer, the consumer in accordance with Section § 13 of the German Civil Code, is entitled to the right to cancel as set out in Sections 312g and 355 of the German Civil Code (consumer withdrawal in distance selling transactions) based on the law. A consumer according to Section 13 of the German Civil Code is any natural person who concludes a legal transaction for purposes which largely cannot be attributed either to their commercial or independent professional activity. Further information on right of cancellation as a consumer may be found in the following cancellation section. A cancellation policy in text format will be sent to the customer by e-mail. The customer may use the cancellation form to exercise their right of cancellation.
§ 6 Cancellation
(1) Besides the right of cancellation, you may cancel bookings for training up to 30 days before the start. In this case, einzigartig – Yoga & Ernährung refunds you 80% of the training fee; should someone move up from the waiting list for the original date einzigartig – Yoga & offers you an alternative date where available, which you may take in place of the refund.
(2) It is not possible to make a refund for course fees less than 30 days before the start of the course. Should someone move up from the waiting list for the original date einzigartig – Yoga & offers you an alternative date where available.
(3) In any case, alternatively you may also nominate a replacement independently, who will undertake the training in your place.
§ 7 Warranty for material defects and warranty
(1) einzigartig – Yoga & Ernährung is liable for material defects according to the legal provisions that apply to this, particularly sections 434ff. of the German Civil Code. With regard to entrepreneurs, the warranty obligation of einzigartig – Yoga & Ernährung is 12 months for items supplied.
(2) An additional warranty only exists for goods supplied by einzigartig – Yoga & Ernährung if this has been expressly stated in the order confirmation for the item in question.
§ 8 Liability
(1) Claims for compensation by the customer are excluded. Exceptions to this are claims for compensation by the customer arising from damage to life, limb or health, or the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages due to breaches of duty committed intentionally or through gross negligence by einzigartig – Yoga & Ernährung, its legal representatives or agents. Essential contractual obligations are those that must be fulfilled to achieve the object of the contract.
(2) In the event of the violation of essential contractual obligations, einzigartig – Yoga & Ernährung is only liable for foreseeable damages typical for a contract if these have simply been caused due to negligence, unless it concerns claims for compensation by the customer involving damage to life, limb or health.
(3) The limitations of Paras. 1 and 2 also apply in favor of legal representatives and agents of the provider if claims can be proven directly against them.
(4) The provisions of product liability law remain unaffected.
§ 9 Retention of title
einzigartig – Yoga & Ernährung reserves the right to ownership of goods supplied up to payment in full.
§ 10 Data protection
einzigartig – Yoga & Ernährung uses customer data exclusively to fulfill and handle the order without seeking separate consent. After completion of the contract and payment of the purchase price in full, the data are blocked for further use, and are deleted after expiry of the tax and commercial law retention periods, provided the customer has not expressly consented to the further use of the data. einzigartig – Yoga & Ernährung will not pass on customer data to third parties or use them to send out advertising, unless this has been explicitly agreed in advance.
§ 11 Final provisions
(1) For contracts between einzigartig – Yoga & Ernährung and the customer, the law of the Federal Republic of Germany applies, with the exclusion of UN sales law. The legal provisions for limiting the choice of law and applicability of mandatory provisions, of the state in particular in which the customer as a consumer is usually resident, remain unaffected.
(2) Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/
(3) Provided the customer or merchant is a legal person in public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and provider is the location of the provider.
(4) In the event of the legal ineffectiveness of individual parts, the contract remains binding with regard to its other parts. Where available, the legal provisions replace the ineffective points. However, insofar as this would represent undue hardship for a contract party, the contract becomes ineffective overall.