GENERAL TERMS AND CONDITIONS / REVOCATION INSTRUCTION
General terms and conditions of the company Bikram Yoga Düsseldorf GmbH
§1 Validity vis-à-vis consumers and definitions of terms
(1) The following General Terms and Conditions ("GTC") apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes which cannot predominantly be attributed to either his commercial or his self-employed professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations on the conclusion of a contract apply to orders placed via our online shop https://www.bikramyogaduesseldorf.de/shop (hereinafter referred to as "online shop").
(2) In the case of the contract conclusion the contract comes with
Bikram Yoga Düsseldorf GmbH LaMott Eugene Atkins Moltkestr. 84 D-40477 Düsseldorf
(3) The presentation of the course offers in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order a course offer. The consumer submits a binding contractual offer by successfully completing the order procedure provided for in our online shop.
(4) The following regulations apply to orders in our online shop:
The order takes place in the following steps:
1) Selection of the desired course offer
2) Collect the selection using the "Add to cart" button in a so-called shopping cart 3) The selection is displayed in the overview on the right side of the screen 4) Checking the data in the shopping basket 5) Press the button "Checkout".
6) New display of the shopping basket and possibility of inspection
7) Pressing the "Checkout" button 8) Registration in the internet shop by entering the account data or entering the payment information
9) Confirm by clicking the button "Next" 10) Re-examination or correction of the respective data entered 11) Binding dispatch of the order by clicking the button "Order for a fee".Before the binding dispatch of the order, the consumer can return to the Internet page on which the shopping basket is displayed after checking his details by pressing the "Back" key contained in the Internet browser used by him, or cancel the order process by closing the Internet browser.We confirm the receipt of the order immediately by an automatically generated e-mail ("confirmation of receipt").This does not constitute an acceptance of the customer's offer. The contract only comes into effect when we submit the declaration of acceptance, which is sent with a separate e-mail ("order confirmation").With this we accept your offer.(5) Storage of the contract text for orders via our online shop:We will send you the order data and our general terms and conditions by e-mail.You can also view the general terms and conditions at any time at https://www.bikramyogaduesseldorf.de/agb-widerrufsbelehrung .For security reasons, your order data is no longer accessible via the Internet.§3 Prices, payment, due date(1) The indicated prices include the legal value added tax and other price components.(2) The consumer has the option of payment by PayPal or credit card (Visa, Mastercard).(3) Payment is due immediately.§4 Delivery(1) Unless we have clearly stated otherwise in the product description, all course vouchers offered by us are immediately ready for dispatch.The delivery takes place by sending a JPG file by e-mail.(2) The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the buyer until the goods are handed over to the buyer.§5 Retention of titleWe reserve the right to ownership of the course vouchers until the purchase price has been paid in full.§6 WithdrawalWe reserve the right to withdraw from the contract if the consumer is in default of payment.The legal claims of the customer remain unaffected.§7 revocation instruction:Consumers are entitled to a right of revocation in accordance with the following provision, whereby consumers are any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their self-employed professional activity:
Right of revocation You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of revocation, you must
Bikram Yoga Düsseldorf GmbH LaMott Eugene Atkins Moltkestr. 84 D-40477 Düsseldorf
phone +49 211-94685820
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory.
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), promptly and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
§8 revocation form
Sample withdrawal form
(If you want to cancel the contract, please fill in this form and send it back)
To: Bikram Yoga Düsseldorf GmbH LaMott Eugene Atkins Moltkestr. 84 D-40477 Düsseldorf E-Mail
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) _____________________________________________________ Appointed on (*)/received on (*) ______________________ Name(s) of consumer(s) _________________________________________________ Address(es) of consumer(s) ______________________________________ Signature(s) of consumer(s) (only in the case of notification on paper) ______________________________ Date ______________________________
(*) Delete as appropriate.
(1) The statutory warranty provisions shall apply.
(2) The limits set out in § 9 below shall apply to compensation for damages or reimbursement of futile expenses incurred by the consumer.
§10 Exclusion of liability
(1) Claims of the consumer for damages are excluded. Excluded from this are claims for damages by the consumer arising from injury to life, limb or 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 us, our legal representatives or vicarious agents. Material contractual obligations ("cardinal obligations") are those which characterise the contract and whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages by the consumer arising from injury to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply if we fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if we have reached an agreement with the consumer on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§11 Data protection
(1) The data necessary for order processing will be processed and stored in accordance with the Federal Data Protection Act ("BDSG") and the Basic Data Protection Ordinance ("DSGVO"). All personal data will be treated confidentially. The consumer has a right to information as well as a right to correction, blocking and deletion of the stored data.
(2) In addition, we refer to our data protection declaration, which can be found under [Link].
§12 Contract language
Only German is available as the contract language.
§13 Customer Service
Our customer service for questions, complaints and complaints is available on weekdays from 8:30 a.m. to 5:30 p.m. under
Phone: +49021194685820 E-Mail: firstname.lastname@example.org
are at your disposal.
§ 14 Final provisions
(1) The EU Commission shall provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order out of court. The dispute resolution platform can be found at: https://ec.europa.eu/consumers/odr/. Otherwise, we do not participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
(2) Amendments and supplements to these GTC require text form. This also applies to this text form agreement itself. The priority of the individual agreement according to § 305b BGB remains unaffected by this.
(3)The invalidity of a provision of these GTC shall not affect the validity of the other provisions.
Status of the GTC Dec. 2019