General terms and conditions
Stefanie Arend Yin Yoga, S. L. –
General terms and conditions
General terms and conditions
for all goods and services offered through the website www.yinyoga.de (operated by the company “Stefanie Arend Yin Yoga, S. L.”, owner: Stefanie Arend
Stefanie Arend Yin Yoga, S. L.
Calle Alcalá Galiano, 69, bajo A puerta 1
46520 Port de Sagunt, Valencia
– Hereafter: “Stefanie Arend Yin Yoga, S. L.” – can be obtained.
§ 1 Scope
These GTC apply to all claims arising from contracts concluded between Stefanie Arend Yin Yoga, S. L. and the customer (hereinafter “the customer”) via the website www.yinyoga.de in the version valid at the time of the order. Stefanie Arend Yin Yoga S.L. offers through its website mainly books and DVDs on yoga and yin yoga trainings (courses). The following terms and conditions as well as the text of the contract are written in German and can be downloaded and printed by the customer in his working memory. If desired, they can be requested in digital or written form at the e-mail address email@example.com.
§ 2 Conclusion of contract
(1) The customer can select products from the assortment of Stefanie Arend Yin Yoga, S. L., especially books and DVDs or Yin Yoga training modules and collect them via the button “Add to cart” in a so-called shopping cart. The subject of the contract in the case of training is the respective booked module with the associated content described on our website. By clicking on the button “order with obligation to pay”, the customer submits a binding request to purchase or book the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time; the customer has the opportunity to correct input errors before confirming his offer (e.g. by clicking the back button or canceling the order process and changing the previous input or by clicking the “edit” button). However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button “I have read and agree to the GTC and the cancellation policy” and has thereby included them in his application.
(2) Stefanie Arend Yin Yoga, S. L. will then send 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 using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by Stefanie Arend Yin Yoga, S. L. and does not constitute an acceptance of the application. The contract is only concluded by the submission of the declaration of acceptance by Stefanie Arend Yin Yoga, S. L., which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, in the case of goods at the latest upon delivery thereof, the text of the contract (consisting of order, GTC and order confirmation) is sent to the customer by Stefanie Arend Yin Yoga, S. L. on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection and can be requested in digital or written form at the e-mail address firstname.lastname@example.org upon request. The customer will be informed about the shipment of the ordered goods by e-mail as soon as the goods have been handed over by Stefanie Arend Yin Yoga, S. L. to the transport company.
(3) The contract shall be concluded in German.
§ 3 Services, prices
(1) Stefanie Arend Yin Yoga, S. L. strives to provide images of the offered items that are as true to the original as possible. However, slight color deviations are possible.
(2) The total price of the goods or the courses, including all associated price components, as well as the payment options and information are derived from the information provided as part of the item description. All prices are final prices plus of the shipping costs and are inclusive of the statutory value added tax at the applicable rate. Training courses are exempt from VAT in accordance with § 4 No. 21 UStG. Invoices are due within 14 days from receipt.
(3) The buyer has the following payment options: by prepayment/bank transfer.
§ 4 Delivery, shipment
(1) The costs of shipping are specified in the respective offer under the item “Shipping”. Shipping will be done within 2-3 business days after payment is received. Shipping is done with DHL unless otherwise agreed. The shipping risk is borne by Stefanie Arend Yin Yoga, S. L. if the customer is a consumer.
(2) If at the time of the customer’s order no copies of the product selected by him are available, Stefanie Arend Yin Yoga, S. L. will inform the customer immediately in the order confirmation. If the product is permanently not available, Stefanie Arend Yin Yoga S.L. refrains from a declaration of acceptance. A contract is not concluded in this case. If the product designated by the customer in the order is only temporarily unavailable, Stefanie Arend Yin Yoga, S. L. will also inform the customer immediately in the order confirmation.
(3) In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. The customer’s statutory right of revocation (see § 5 of these contractual conditions) is not affected by this. In this case, Stefanie Arend Yin Yoga, S. L. is also entitled to withdraw from the contract. In this case, Stefanie Arend Yin Yoga, S. L. will immediately refund any payments already made by the customer.
(4) Should a training course not be able to take place (in particular due to too few participants), the training fee will be refunded in full and, if necessary, an alternative date will be offered.
§ 5 Right of withdrawal for consumer contracts
A contract concluded between Stefanie Arend Yin Yoga, S. L. and the customer via www.yinyoga.de for the delivery of goods or the booking of a service is a distance contract in the sense of § 312 c paragraph 1 BGB. The customer, who is a consumer in the sense of § 13 BGB (German Civil Code), is entitled by law to a right of revocation in accordance with §§ 312g, 355 BGB (consumer revocation in distance selling transactions). A consumer according to § 13 BGB is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Further information on his right of withdrawal as a consumer can be found in the following cancellation policy. A revocation instruction in text form is sent to the customer by e-mail. To exercise the right of withdrawal, the customer can use the withdrawal form.
§ 6 Cancellation
(1) In addition to the revocation option, you can cancel training bookings up to 10 days before the start. In this case Stefanie Arend Yin Yoga, S. L. will refund you 95% of the training fee. will refund you 95% of the training fee; should someone move up from the waiting list for the original date, Stefanie Arend Yin Yoga, S. L. will offer you an alternative date, if available, which you can take instead of the refund.
(2) In case of less than 10 days until the start of the course, a refund of the course fee is not possible; should someone move up from the waiting list for the original date, Stefanie Arend Yin Yoga, S. L. will offer you an alternative date if available.
(3) In any case, you may alternatively nominate a substitute person on your own responsibility to perform the training in your place.
(4) The minimum number of participants for the trainings is 8 persons. If this number is not reached, Stefanie Arend Yin Yoga S. L. reserves the right to cancel the event. In this case, the entire contribution will be refunded.
There is the possibility to take out special seminar insurances, e.g. here (this is for information only, I will not participate in any commissions).
§ 7 Warranty for material defects, guarantee
(1) Stefanie Arend Yin Yoga, S. L. is liable for material defects according to the applicable statutory provisions, in particular §§ 434ff. BGB. The warranty period for goods delivered by Stefanie Arend Yin Yoga, S. L. to entrepreneurs is 12 months.
(2) An additional guarantee exists for goods delivered by Stefanie Arend Yin Yoga, S. L. only if this was expressly given in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Stefanie Arend Yin Yoga, S. L., its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In case of breach of essential contractual obligations, Stefanie Arend Yin Yoga, S. L. is only liable for the contract-typical, foreseeable damage, if this damage was caused by simple negligence, unless it concerns claims for damages of the customer resulting from an injury to life, body or health.
(3) The restrictions of paras. 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 9 Retention of title
Stefanie Arend Yin Yoga, S. L. retains ownership of the delivered goods until full payment.
§ 10 Data protection
Stefanie Arend Yin Yoga, S. L. uses the data of the customer without separate consent exclusively for the fulfillment and processing of the order. With complete execution of the contract and complete payment of the purchase price, the data will be blocked for further use and deleted after expiration of the retention periods under tax and commercial law, unless the customer has expressly consented to the further use of the data. Stefanie Arend Yin Yoga, S. L. will not disclose the customer’s data to third parties or use them for sending advertising, unless it has been expressly agreed in advance.
§ 11 Final provisions
(1) Contracts between Stefanie Arend Yin Yoga, S. L. and the customer shall be governed by the laws of Spain, excluding the UN Sales Convention. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions esp. of the state in which the customer has his habitual residence as a consumer shall remain unaffected.
(2) Platform of the EU Commission for online dispute resolution: www.ec.europa.eu/consumers/odr
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.