General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

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

(2) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are 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, acts 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 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 call up the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to checkout” button (or a similar designation) and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an 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 instant payment system provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to check and change the information in the order overview once again (also using the “back” function of the internet browser) or to cancel the order. 

By submitting the order via the corresponding button (“place binding order,” “buy” / “buy now,” “place paid order,” “pay” / “pay now” or a similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded. 
(4) Your inquiries regarding the preparation 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) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place partly automatically by e-mail. 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.

§ 3 Individually Designed Goods

(1) You shall provide us with the information, text, or files required for the individual design of the goods via the online ordering system or by e-mail without undue delay after conclusion of the contract at the latest. Our possible specifications regarding file formats 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 applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of the necessary legal representation in this context.

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

§ 4 Conclusion of the Contract for Courses

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

Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) Your inquiries regarding the preparation 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).

(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place partly automatically by e-mail. 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.

§ 5 Provision of Services for Courses

(1) The courses are held on the agreed dates in the form described in the respective offers.

(2) Insofar as the holding of courses depends on the number of participants, the minimum number of participants results from 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 e-mail) that the booked course will not take place. Any services already rendered will be refunded immediately in this case.

(3) If an individual event is canceled due to the short-term absence of the course instructor because of illness or for another important reason, any services already rendered will be refunded immediately.
For events consisting of several dates, if a date is canceled due to the short-term absence of the course instructor because of illness or for another important reason, the canceled date will be made up for 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. e-mail). The time of receipt of the withdrawal declaration by us is decisive for compliance with the deadline.
Less than 1 day before the start of the course, withdrawal is no longer possible.

(2) In the event of non-participation or partial participation in the booked course, there is no entitlement to a refund of course fees.

(3) The statutory right of withdrawal remains unaffected; it exists independently 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 start of the course. There are no costs for this rebooking.

§ 8 Contract Term / Termination for Subscription Contracts

(1) The subscription contract concluded between you and us has an indefinite term. 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 transmitted either in text form (e.g. e-mail) or via the cancellation button integrated into our website (“Cancel contracts here” or a similar designation).

§ 9 Special Agreements on the Payment Methods Offered

(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout,” the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are shown to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” may use other payment services for payment processing; if special payment conditions apply in this respect, you will be informed of these separately. Further information on “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,” the payment will be processed via the payment service provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”). 
The individual payment methods via “Mollie” are shown to you under a correspondingly labeled button on our website and in the online ordering process. “Mollie” may use other payment services for payment processing; if special payment conditions apply in this respect, you will be informed of these separately. Further information on “Mollie” can be found at https://www.mollie.com/de (https://www.mollie.com/de).
(3) Payment via “Stripe”
If you select a payment method offered via “Stripe,” the payment will be processed via 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 via “Stripe” are shown to you under a correspondingly labeled button on our website and in the online ordering process. “Stripe” may use other payment services for payment processing; if special payment conditions apply in this respect, you will be informed of these separately. Further information on “Stripe” can be found at https://stripe.com/de (https://stripe.com/de).

§ 10 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 11 Warranty

(1) The statutory warranty rights 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) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before submitting the contractual declaration by us and the deviation was expressly and separately agreed between the contracting parties.

§ 12 Choice of Law

(1) German law shall apply. For consumers, this choice of law only applies 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 their habitual residence (principle of favorability).

(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
Phone: +4917621916227
E-mail: markhellbusch@web.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

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. The complete contract text is not stored by us. 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 the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For quotation requests 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 submitted 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 the 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 stated in the respective offers and 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 for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which you must bear. 

6.4. Any costs incurred for money transfers (bank transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment is 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 stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6.7. Unless otherwise agreed, for course bookings payment must be made on site at the latest on the course date before the course begins; otherwise there is no entitlement to participation.

7. Delivery Conditions

7.1. The delivery conditions, the 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, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item 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 entrepreneur or another person designated to carry out the shipment. 

8. Statutory Warranty Rights 

Warranty 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 termination conditions 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 T&Cs and customer information were created by 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. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last update: 22/10/2024