General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded with us as the provider (Mark Hellbusch) via the website www.markhellbusch.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby rejected.

(2) For the purposes of the following regulations, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their 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, is acting in the exercise of their trade, business, or profession.
§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description. 

(3) The contract via the online shopping cart system is concluded as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time using the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to Order" (or similar wording) and entering your personal data as well as payment and shipping conditions, your order data will be displayed as an order overview at the end.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment provider.
If redirected to the respective instant payment system, make the appropriate selection and enter your data there. Finally, your order data 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 the order, you have the opportunity to review and change the information in the order overview (also using the "back" function of your internet browser), or to cancel the order. 

By submitting the order using the corresponding button ("place binding order," "buy" / "buy now," "place paid order," "pay" / "pay now," or similar wording), you are making a legally binding acceptance of the offer, thereby concluding the contract. 
(4) Your inquiries for the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, partly automated. 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, is not blocked by SPAM filters.

§ 3 Individually Designed Goods

(1) You must provide us with the information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail without delay after conclusion of the contract at the latest. Any requirements regarding file formats specified by us must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of any legal representation required in this context.

(3) We do not check the transmitted data for content accuracy and assume no liability for errors in this regard.

§ 4 Conclusion of the Contract for Courses

(1) The subject of the contract is the provision of courses.

Our online offers are non-binding and do not constitute a legally binding offer to conclude a contract.

(2) Your requests for a quote are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(3) Order processing and the transmission of all information required in connection with the conclusion of the contract will be carried out by email, partially in an automated manner. You must therefore ensure that the email address you have provided to us is correct, that you are technically able to receive emails, and that receipt is not prevented, especially by spam filters.

§ 5 Provision of Services for Courses

(1) The courses will be held in the form described in the respective offers and at the agreed dates.

(2) If the holding of the 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 in text form (e.g., by email) no later than 7 days before the course starts 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 canceled at short notice due to illness of the instructor or for any other important reason, any services already provided will be refunded immediately.
For events consisting of multiple sessions, if a session is canceled at short notice due to illness of the instructor or for any other important reason, the canceled session will be rescheduled for a substitute date.

(4) In connection with the use of course rooms and facilities, you must comply with the house rules posted on site. You must follow our instructions or those of the course instructor.

§ 6 Withdrawal / Cancellation
(1) You may withdraw from the contract free of charge up to 1 day before the course begins. The withdrawal must be made in text form (e.g., by email). The relevant time for meeting the deadline is when we receive your withdrawal notice.
Withdrawal is not possible less than 1 day before the course begins.

(2) In the event of non-attendance or partial attendance of the booked course, no course fees will be refunded.

(3) The statutory right of withdrawal remains unaffected by this and exists regardless of the existence or non-existence of this additional right of withdrawal.

§ 7 Substitute Participants

You may name a substitute participant at any time before the course begins. There is no charge for this rebooking.

§ 8 Contract Duration / Termination for Subscription Agreements

(1) The subscription agreement 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 a month (unless otherwise specified in the respective offer).
(2) The right to immediate termination for good cause remains unaffected.

(3) Any termination must be declared and transmitted either in text form (e.g., by email) or via the cancellation button integrated on our website ("Cancel contracts here" or similar wording).

§ 9 Special Agreements Regarding Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The specific payment methods available through "PayPal" will be displayed to you on a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use additional payment services for processing payments; if special payment terms apply in this case, you will be informed of them separately. For more information about "PayPal," please visit 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 handled by the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; "Mollie").
The specific payment methods available through "Mollie" will be displayed to you on a correspondingly labeled button on our website and during the online ordering process. "Mollie" may use additional payment services for processing payments; if special payment terms apply in this case, you will be informed of them separately. For more information about "Mollie," please visit https://www.mollie.com/de (https://www.mollie.com/de).
(3) Payment via "Stripe"
If you select a payment method offered via "Stripe," payment processing is handled by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The specific payment methods available through "Stripe" will be displayed to you on a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use additional payment services for processing payments; if special payment terms apply in this case, you will be informed of them separately. For more information about "Stripe," please visit https://stripe.com/de (https://stripe.com/de).

§ 10 Right of Retention, Retention 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 full payment of the purchase price has been made.

§ 11 Warranty

(1) 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 will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, such deviation shall only be deemed agreed upon if you were informed of it by us before submitting your contractual declaration and the deviation has been expressly and separately agreed upon between the contracting parties.

§ 12 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive you of the protection granted by mandatory provisions of the law of the country in which you have your habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

 

II. Customer Information 

1. Identity of the Seller

Mark Hellbusch
Langendellschlag 62
65199 Wiesbaden
Germany
Phone: +4917621916227
Email: markhellbusch@web.de

We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correcting input errors 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. The complete contract text is not stored by us. Before submitting your 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. If you request a quote outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, 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, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

5. Essential Characteristics of Goods or Services

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, are total prices. They include all price components, including all applicable taxes.

6.2. No shipping costs apply.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which you are responsible for paying. 

6.4. Any costs incurred for money transfers (bank transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but the payment is initiated from outside the European Union.

6.5. The payment methods available to you are indicated on a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6.7. Unless otherwise agreed, for course bookings payment must be made on-site no later than the course date before the course begins; otherwise, there is no entitlement to participate.

7. Delivery Conditions

7.1. The delivery conditions, delivery date, and any delivery restrictions can be found on 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 or accidental deterioration of the sold goods during shipment does not pass to you until the goods are handed over 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 seller, or another person designated to carry out the shipment. 

8. Statutory Liability for Defects 

Liability for defects is governed by the "Warranty" section in our General Terms and Conditions (Part I). 

9. Contract Duration / Termination

Information about the contract duration and the terms of termination can be found in the "Contract Duration / Termination for Subscription Contracts" section of our General Terms and Conditions (Part I) as well as in the respective offer.

These Terms and Conditions and customer information were created by lawyers specialized in IT law at Händlerbund 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. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last updated: 10/22/2024