General Terms and Conditions
General Terms and Conditions
Section 1 – Provider, inclusion by reference of the General Terms and Conditions
(1) The Provider and contracting party for the services presented on our website “www.earthyme.de & www.earthyuniversity.com” is Daniela Dägele (EarthyMe & EarthyUniversity), Bachemer Str. 57, 50931 Köln, phone 015221802819, e-mail email@example.com (referred to hereinbelow as the “Provider”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Services offered and conclusion of contract
(1) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.
(2) The Provider is making a binding offer for providing the services presented on the website. By transmitting the order using the button “Buy now for xx € / $” the Customer accepts the Provider’s offer. The Provider shall confirm the conclusion of the contract by e-mail (contract confirmation).
(3) Before finally placing the purchase order, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the services. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(4) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing.As the Customer cannot access the Provider’s data, it is the Customer’s responsibility to save the e-mail with the contract text for later reference.
Section 3 – Prices and payment
(1) All product prices are total prices. Prices include VAT.
(2) The Customer can use the following payment methods to pay for his purchase: PayPal, Kreditkarte / credit card.
(3) The Provider shall only perform his service after the Customer has made the payment. For live sessions the Customer must have made his payment no later than the beginning of the booked event.
(4) For services provided towards customers outside the European Union, the Customer may be obliged to pay import tax to his local tax authority (“Reverse Charge”). The Provider has no means of influencing this local tax.
Section 4 – Digital Contents
(1) A product offered by the Provider as digital content to be provided by e-mail or as download will not be delivered by post.
(2) The reception of digital content requires that the Customer has an internet connection. The Provider points out that the Customer’s network supplier may charge the Customer extra costs for the data traffic; the Provider has no means of influencing them.
(3) Where the Provider makes a digital content available for download, the Provider guarantees an up-time of the download server of 99% on average for a calendar month.
(4) If the Customer is a consumer and expressly consents that the contract shall be performed already before expiration of the withdrawal period and the Customer acknowledges that he thereby loses his right of withdrawal, the Provider shall deliver the digital content immediately. In all other cases, the Provider shall deliver the digital content after expiration of the withdrawal period.
Section 5 – Right of withdrawal for consumers
(1) A Customer ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
(3) The details result from the withdrawal information.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Out-of-court Dispute Resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr.
(2) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.