Terms and Conditions for Courses
General Terms and Conditions
Table of Contents
- Scope, Definitions
- Organizer's Services
- Conclusion of Contract
- Consumer Right of Withdrawal
- Prices and Payment Terms
- Eligibility to Participate, Transfer of Contract
- Failure to Meet Minimum Number of Participants
- Change or Cancellation of the Event
- Course Materials
- Liability
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope, Definitions
1.1 These General Terms and Conditions (hereinafter "GTC") of Augenmanufaktur / Adam & Eve Beautylounge GmbH (hereinafter "Organizer") apply to all contracts for participation in courses / seminars (hereinafter "Event") concluded by a consumer or entrepreneur (hereinafter "Customer") with the Organizer regarding the Events presented on the Organizer's website. The inclusion of the Customer's own terms is hereby excluded unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity.
1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a legal entity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.
2) Organizer's Services
2.1 The Organizer offers both online and in-person Events. The content of the Event is set out in the respective course description on the Organizer's website.
2.2 For online Events, the Organizer provides its services exclusively in electronic form via online video transmission using appropriate technical means. To this end, the Organizer shall provide the Customer with suitable application software before the start of a video transmission, and may also use the services of third parties for this purpose. For error-free participation in the online video transmission, the Customer's system must meet certain minimum requirements, which will be communicated to the Customer on the Organizer's website. The Customer is responsible for complying with the system requirements. The Organizer shall not be liable for technical problems caused by inadequate system requirements on the Customer's part.
2.3 For in-person Events, the Organizer provides its services exclusively through personal contact with the Customer and in premises selected by the Organizer for this purpose. Unless otherwise stated in the Organizer's course description, the Customer has no right to choose a specific venue for the Event.
2.4 The Organizer provides its services through qualified personnel selected by it. The Organizer may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Organizer's course description, the Customer has no right to choose a specific person to conduct the Event.
2.5 The Organizer provides its services with the utmost care and to the best of its knowledge and belief. However, the Organizer does not guarantee any specific result. In particular, the Organizer does not guarantee that the Customer will achieve any specific learning outcome or performance goal. This is due in no small part to the Customer's personal commitment and motivation, over which the Organizer has no influence.
3) Conclusion of Contract
3.1 The Events described on the Organizer's website do not constitute binding offers by the Organizer but serve as an invitation to the Customer to make a binding offer.
3.2 The Customer may make its offer using the online registration form provided on the Organizer's website. In doing so, after entering its details into the registration form, the Customer makes a legally binding offer to contract in respect of the selected Event by clicking the button that completes the registration process.
3.3 The Organizer may accept the Customer's offer within five days,
- by sending the Customer a written registration confirmation or a registration confirmation in text form (fax or email), in which case the receipt of the registration confirmation by the Customer shall be decisive, or
- by requesting payment from the Customer after receipt of its declaration of acceptance.
If several of the above alternatives are available, the contract shall come into existence at the time at which the first of the above alternatives occurs. The period for acceptance of the offer shall begin on the day after the offer is sent by the Customer and end at the end of the fifth day following the sending of the offer. If the Organizer does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by its declaration of intent. The same applies if the Event selected by the Customer begins before the acceptance period expires and the Organizer does not accept the Customer's offer at least 24 hours before the start of the Event, unless otherwise agreed between the parties.
3.4 In the case of registration via the Organizer's website, the contract text shall be stored by the Organizer after the conclusion of the contract and sent to the Customer after receipt of its order in text form (e.g. email, fax or letter). No further publication of the contract text by the Organizer shall take place.
3.5 Before bindingly submitting its offer using the Organizer's online registration form, the Customer may correct its entries at any time using the usual keyboard and mouse functions.
3.6 German shall be available for the conclusion of the contract.
3.7 If the Customer registers additional participants for an Event, it undertakes to be liable for the contractual obligations of all participants it registers, provided that it makes a corresponding declaration when registering.
4) Consumer Right of Withdrawal
Consumers shall generally have a right of withdrawal. Further information on the right of withdrawal is set out in the Organizer's withdrawal policy.
5) Prices and Payment Terms
5.1 Unless otherwise stated in the Organizer's offer, the prices stated are gross prices including statutory value added tax.
5.2 Travel, accommodation and catering costs for in-person Events are not included in the price and shall be borne by the Customer unless otherwise stated in the Organizer's course description.
5.3 The payment options shall be communicated to the Customer on the Organizer's website.
5.4 If a payment method offered via the "PayPal" payment service is selected, payment shall be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com
5.5 If a payment method offered via the "Google Pay" payment service is selected, payment shall be processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google may use other payment services to process payments, for which special payment terms may apply, and the Customer may be separately informed of such terms. Further information on Google Pay is available online at https://pay.google.com
5.6 If a payment method offered via the "Apple Pay" payment service is selected, payment shall be processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). Apple may use other payment services to process payments, for which special payment terms may apply, and the Customer may be separately informed of such terms. Further information on Apple Pay is available online at https://www.apple.com
6) Eligibility to Participate, Transfer of Contract
6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the Organizer's consent.
6.2 If a third party enters into the contract between the Customer and the Organizer, that third party and the Customer shall be jointly and severally liable to the Organizer for the participation fee and any additional costs arising from the third party's entry into the contract.
7) Failure to Meet Minimum Number of Participants
7.1 The Organizer may set a minimum number of participants for its courses. If a minimum number of participants is set, the Organizer shall expressly state this in the course description.
7.2 If the minimum number of participants is not met, the Organizer may withdraw from the contract by declaration to the Customer no later than seven days before the start of the course. The Organizer shall send the Customer its declaration of withdrawal without delay after becoming aware that the required number of participants has not been reached, and in any event no later than seven days before the start of the course.
7.3 If the Organizer exercises its right of withdrawal pursuant to the preceding paragraph, the Customer may request participation in another Event of at least equal value if the Organizer is able to offer such an Event to the Customer from its range without additional charge. The Customer must assert this request without delay after receipt of the Organizer's declaration.
7.4 If the Customer does not exercise its right pursuant to the preceding paragraph, the Organizer shall refund any participation fee already paid by the Customer without delay.
8) Change or Cancellation of the Event
8.1 The Organizer reserves the right to change the time, venue, instructor and/or content of the Event, provided that the change is reasonable for the Customer in view of the Organizer's interests. Only minor changes to the services that become necessary after the conclusion of the contract and which were not caused by the Organizer in breach of good faith are considered reasonable. The Organizer shall inform the Customer in good time of any change to the time, venue, instructor and/or content of the Event.
8.2 In the event of a material change to the services, the Customer may withdraw from the contract free of charge or instead request participation in another Event of at least equal value if the Organizer is able to offer such an Event to the Customer from its range without additional charge.
8.3 The Customer must assert its rights pursuant to the preceding paragraph without delay after being informed by the Organizer of the change to the services.
8.4 The Organizer is entitled to cancel the Event at short notice for important reasons, such as force majeure or illness of the instructor, against a full refund of any participation fee already paid. The Organizer shall endeavour to arrange an alternative date in the event of cancellation of the Event.
9) Course Materials
9.1 The Organizer owns all usage rights required to conduct the Event. This also applies to any documents that may be provided to the Customer in connection with the Event.
9.2 The Customer may use the content of the Event, including any documents provided, only to the extent required by the contractual purpose agreed by both parties. Without the Organizer's separate permission, the Customer is not entitled, in particular, to record the Event or parts thereof or to reproduce, distribute or make documents publicly available.
9.3 For online Events, course materials (e.g. documents) shall be provided to the Customer exclusively in electronic form by email or for download. Unless otherwise agreed, the Customer has no right to receive the materials in physical form.
10) Liability
The Organizer shall be liable to the Customer for all contractual, contract-like and statutory claims for damages and expenses, including tortious claims, as follows:
10.1 The Organizer shall be liable without limitation under any legal basis
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body or health,
- pursuant to a guarantee, unless otherwise provided,
- pursuant to mandatory liability, such as under the Product Liability Act.
10.2 If the Customer acts as a consumer based in Germany or as an entrepreneur, the following limitations of liability shall apply:
If the Organizer negligently breaches an essential contractual obligation, its liability shall be limited to typical and foreseeable damage unless it is liable without limitation pursuant to the preceding paragraph. Essential contractual obligations are those imposed on the Organizer by the contract in accordance with its content to achieve the contractual purpose, the fulfillment of which makes the proper performance of the contract possible in the first place and whose compliance the Customer may normally expect. Otherwise, the Organizer's liability is excluded unless it is liable without limitation pursuant to the preceding paragraph.
10.3 The preceding liability provisions also apply to the Organizer's liability for its vicarious agents and legal representatives.
11) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the state in which the consumer has their habitual residence.
12) Jurisdiction
If the Customer acts as a trader, a body corporate under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Organizer's registered office. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Organizer's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the above cases, the Organizer shall at all times be entitled to bring proceedings before the court at the Customer's registered office.
13) Alternative Dispute Resolution
The Organizer is neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution body.