General Terms of Business for Seminars of the esogetics GmbH

§ 1 Scope

1. These general terms of business (from now on GTB) are valid for any and all contracts about seminars between us,

the esogetics GmbH, Hildastraße 8, 76646 Bruchsal
CEO : Markus Wunderlich
entered in the business registry of the Amtsgericht Mannheim under HRB 231881

and you as our customer. The GTB are valid, no matter whether you are a consumer, entrepreneur or merchant.

2. All agreements between you and us concerning the agreements made in the sales contract result from these general terms of business, our written order confirmation and our acceptance declaration.

3. The version of the GTB that is valid during the completion of the contract shall be used for reference.

4. We do not accept any deviating conditions from our clients. That applies even when we do not explicitly oppose the inclusion.

5. Applications for seminars of the esogetics GmbH are only accepted in written form and will only be confirmed in written form as well. These GTB do not apply for any other deliveries and services of the esogetics GmbH, but exclusively for the execution of seminars.

§ 2 Sequence of the Online Application Process
1. To apply the following technical steps need to be taken:
2. You choose the seminar.
3. The chosen seminar is indicated by title, location of the presentation, date and price. By clicking the button “Participation” you complete your selection.
4. In the rubric “Application for the seminar” the seminar is again indicated by title, location, presenter and price. You complete the customer account and click onto “continue”.
5. You choose your method of payment.
6. You confirm that you have read the General Terms of Business and the information of the Cancellation Policy and that you agree. By clicking the button “application and payment” you deploy your legally binding application.

§ 3 Completion of the Contract

1. The presentation of seminars on our homepage does not constitute a binding offer to enter into a purchase contract.
2. By sending an application you are executing a legally binding order. You are bound to this order for the duration of two weeks after submission of the application; your right to cancel your application according to § 3, where appropriate, is not affected by this.
3. We shall immediately send you an email confirmation when receiving your application. Such an email does not constitute a binding acceptance of the application, unless it states apart from the receipt also the acceptance.
4. A contract is only completed, when we accept your application through a declaration of acceptance or your participation in the seminar.
5. Should the fulfillment of the contract be impossible, because for instance the seminar is cancelled, we shall not issue a declaration of acceptance. In that case a contract does not happen. We shall inform you without delay and immediately refund any payments already received.

§ 4 Cancellation Policy

1. If you are a consumer (which means a natural person, who makes the order for a purpose that belongs neither to a commercial nor a self-employed professional business) , then you have according to the law a cancellation right.

2. The cancellation policy consists of the rules that are listed in detail in the following Cancellation Policy Instruction.

Cancellation Policy
You may cancel your contract in written form (for instance letter, fax, e-mail) within 14 days without any reason, or - if the item has been given to you before the end of this period - you can also cancel by sending the item back. The period begins upon receipt of this policy in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first installment), and also not before fulfilment of our information duties in accordance with Art. 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code), as well as our duties in accordance with § 312 e Paragr. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. For compliance with the cancellation period, the dispatch of the cancellation or the item in due time is sufficient.
The cancellation is to be addressed to:
esogetics GmbH
Hildastrasse 8
D-76646 Bruchsal
Telefax-Nr.: +49 (0) 72 51 / 800 144

Consequences of cancellation
In case of a valid cancellation, the services received by either side and the profits drawn (for instance interest) shall be refunded, or if applicable, be returned. If you are unable or partially unable to refund or return the service or usage (for instance benefits of use) to us, or you can only return it in an impaired condition, you have to pay an appropriate compensation according to the value.

- End of the cancellation policy instruction -

§ 5 Terms of Payment and Compensation and Right of Retention

1.The seminar price has to be paid within two weeks after receipt of our bill at the latest.
2.You can choose to either send the fee to the bank account listed in our online shop, or you can send us a direct debit mandate or pay by credit card. In the case of a direct debit mandate or payment by credit card we shall arrange to debit your account at the soonest at the time stated in paragraph 1. An issued direct debit mandate is valid for future orders unless withdrawn.
3.You do not have the right to reckon anything against our claims, only if your counterclaims are legally sound and uncontested. You do also have the right to reckon against our claims, if you have enforce notices of defects or counterclaims from the same purchase contract.

§ 6 Liability

1. We are liable to you in all cases of contractual or non-contractual liability in the case of premeditation or gross negligence according to the legal statutes for compensation or refund of unnecessary expenditures.
2. In all other cases we are only liable - as far as it is not determined differently in paragraph 3 - if a clause of contract has been violated, the fulfillment of which was necessary to even complete the contract in an orderly manner, and which as a customer you can regularly trust in (so-called cardinal duty), yet limited to the replacement for the predictable and typical damage. In all other cases subject to the rule in paragraph 3 our liability is excluded.
3. Our liability for damages from injury to life, body or health and according to the product liability law stays unaffected by the previously mentioned liability limitations and exclusions.

§ 7 Copyright

We hold the copyright to all images, films and texts, which are published in our online shop. A use of the images, films or texts without our express permission is not allowed.

§ 8 Applicable Law and Court of Jurisdiction

1. The applicable law is that the of the Federal Republic of Germany. If you have placed your order as a consumer, and your main place of residence is in a different country at the time of the order, the application of peremptory statutes of the country stays unaffected the choice of law in Clause 1.
2. If you are a merchant and your location at the time of the order is Germany, the exclusive court of jurisdiction is the location of the seller. Otherwise the applicable legal rules apply in regards to local and international jurisdiction.

§ 9 Information about Data Management

1. Within the frame of processing contracts we are collecting a customer’s data. We are paying close attention to the regulations of the federal data protection law as well as the tele-media law. Without a customer’s permission we shall only collect, process and use the master and use data that are necessary for the processing of the contractual relationship.
2. Without a customer’s permission we shall not use the data for the purpose of advertising, market or public opinion research.
3. Otherwise, concerning a customer’s permission and further information about the collection, processing and use of data, we refer to the data protection clause, which can be retrieved in printable form through the button “data protection” at any time.

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