Terms of service
General Terms and Conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Mark Hellbusch) via the website www.markhellbusch.com. Unless otherwise agreed, the inclusion of any terms of your own that you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her trade or profession.
§ 2 Conditions of the contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” button (or a similarly named button) and entering your personal data as well as the payment and shipping details, your order data will be displayed to you as a final order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection and enter your data there. Finally, your order details will be displayed as an order overview either on the website of the instant payment provider or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order overview once again, to change it (also using the “back” function of your internet browser), or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with costs”, “pay” / “pay now” or a similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will send you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and in particular that it is not prevented by spam filters.
Section 3 Individually designed goods
(1) You shall provide us with the information, texts or files required for the individual design of the goods via the online ordering system or, at the latest, by e-mail without undue delay after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You warrant that you will not transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of the legal representation required in this context.
(3) We do not check the transmitted data for substantive accuracy and therefore accept no liability for errors in this respect.
Section 4 Contract terms for courses
(1) The subject matter of the contract is the provision of courses.
Our online offers are non-binding and do not constitute a binding offer to conclude a contract.
(2) Your inquiries for the preparation of an offer are non-binding for you. We will then send you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the offer).
(3) Order processing and transmission of all information required in connection with the conclusion of the contract are carried out in part automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and in particular that it is not prevented by spam filters.
Section 5 Provision of services for courses
(1) The courses are held in the form described in the respective offers on the agreed dates.
(2) Insofar as the holding of courses depends on the number of participants, the minimum number of participants is specified in the respective offer.
If the minimum number of participants is not reached, we will inform you at least 7 days before the start of the course in text form (e.g. by email) that the booked course will not take place. Any services already provided will be refunded immediately in this case.
(3) If an individual event is cancelled due to the short-notice absence of the course instructor because of illness or for another important reason, any services already paid for will be refunded without delay.
For events consisting of several event dates, if a date is cancelled due to the short-term absence of the course instructor due to illness or for another important reason, the cancelled date will be made up on an alternative date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules displayed on site. You must follow our instructions and those of the course instructor.
§ 6 Withdrawal / Cancellation
(1) You may withdraw from the contract free of charge up to 1 day before the start of the course. The withdrawal must be made in text form (e.g. email). The decisive time for compliance with the deadline is the receipt of the notice of withdrawal by us.
Less than 1 day before the start of the course, withdrawal is no longer possible.
(2) In the event of non-participation in, or partial participation in, the booked course, no partial refund of course fees is possible.
(3) The statutory right of withdrawal remains unaffected by this and exists independently of whether or not this additional right of cancellation exists.
§ 7 Substitute participants
You can name a substitute participant at any time before the course begins. There are no costs for this rebooking.
§ 8 Contract term / Termination for subscription contracts
(1) The subscription contract concluded between you and us is for an indefinite period. The contract may be terminated by either party with one month’s notice to the end of the month (unless otherwise stipulated in the respective offer).
(2) The right to terminate without notice for good cause remains unaffected.
(3) Any termination must be declared and submitted either in text form (e.g. email) or via the cancellation button integrated into our website (“Cancel contracts here” or a similar label).
Section 9 Special provisions for the payment methods offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment is processed via the payment service provider PayPal (Europe) S.à r.l et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly designated button on our website and during the online ordering process. “PayPal” may use additional payment services for payment processing; if special payment conditions apply to this, you will be expressly informed of them. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).
(2) Payment via “Mollie”
If you select a payment method offered via “Mollie”, payment processing is carried out via the payment service provider Mollie BV (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The individual payment methods offered via “Mollie” are shown to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, “Mollie” may use additional payment services; if special payment terms apply in this regard, this will be expressly pointed out. Further information about “Mollie” can be found at https://www.mollie.com.
(3) Payment via “Stripe”
If you select a payment method offered via “Stripe”, payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods offered via “Stripe” are shown to you under a correspondingly labelled button on our website and during the online ordering process. For payment processing, “Stripe” may use additional payment services; if special payment terms apply in this regard, this will be expressly pointed out. Further information about “Stripe” can be found at https://stripe.com.
§ 10 Right of retention, reservation of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
Section 11 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, this deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
Section 12 Choice of law
(1) German law shall apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Mark Hellbusch
Langendellschlag 62
65199 Wiesbaden
Germany
Telephone: +4917621916227
Email: markhellbusch@web.de
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After we receive your order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For enquiries about offers made outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have committed ourselves to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. No shipping costs are incurred.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred which we are not responsible for, such as customs duties, taxes or fees for money transfers (bank transfer or exchange rate fees charged by credit institutions), which you must bear.
6.4. You shall bear any costs incurred for the transfer of money (bank transfer or exchange rate fees of the credit institutions) in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6.7. Unless otherwise agreed, when booking courses payment must be made on site no later than on the course date before the start of the course; otherwise there is no entitlement to participate.
7. Delivery conditions
7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or any other person designated to carry out the shipment.
8. Statutory liability for defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
9. Contract term / Termination
Information on the term of the contract and the conditions of termination can be found in the provision “Contract term / termination for subscription contracts” in our General Terms and Conditions (Part I) and in the respective offer.
These Terms and Conditions and customer information were created by the lawyers of Händlerbund who specialize in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last updated: 22/10/2024