General Terms and Conditions of Business
Scope and Subject of The General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions between Marina Deetjen, Schneewittchenweg 14, 21244 Buchholz in der Nordheide (hereinafter referred to as “we” or “us”) and the customer (hereinafter referred to as “Customer”). Marina Deetjen acts here as an entrepreneur (business transaction in exercise of a self-employed professional activity, § 14 BGB).
Distinction Between Entrepreneurs And Consumers
Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specially marked at the relevant point in these GTC.
A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
We provide all services described exclusively based on these GTC.
The sales transaction of all products and services is handled via an online platform (hereinafter referred to as “online platform”). The respective General Terms and Conditions of these platforms shall apply.
Conclusion Of Contract
The presentation of the offered goods and services on the online platform or on the website does not constitute a binding offer. Only the order of goods or services by the customer represents a binding offer.
– Digital Products
When purchasing digital products (video or audio recordings) or booking online yoga classes, yoga courses / programs, etc. via the online platform, an automated order or booking processing takes place. Any transfer of the purchased digital content to third parties, as well as reproduction for third parties is not allowed, unless we have given our prior written permission.
– Personal Training – Online Or On Site
A contact regarding the personal training is usually made by the customer via request by e-mail or filling out a contact form on our website. If the customer decides to purchase the service after contacting us, the order or booking process takes place via the online platform.
We reserve the right to reject contract offers without giving reasons.
Subject Matter Of The Contract – Digital Products
Digital products (e.g. yoga videos) are provided to the customer in electronic form, either as download files, or by email or for viewing or listening on the online platform.
Yoga classes, yoga courses / programs take place online. The buyer is entitled to participate in the booked class online. Important information about the class (e.g., cancellations, sick leave, vacation, etc.) will be communicated to the customer well in advance via the usual communication channels. The yoga classes, yoga courses / programs will only take place once the minimum number of participants has been reached.
Subject Matter Of The Contract – Personal Training Online And On Site
The scope of services includes a 60-minute yoga class (per unit) including an anamnesis at the beginning of the cooperation. The personal training takes place online or on-site after prior agreement between us and the customer.
Before starting the training, the client is recommended to have a previous medical examination. In case of any indisposition during the training the customer must inform us immediately and without being asked. The customer assures that he has no medical or health restrictions concerning the training. If such restrictions arise during the term of the contract, the customer must inform us immediately and without being asked.
Rights And Duties Of The Provider
We are obliged to use all techniques and possibilities available to us for the benefit of the customer. If we see ourselves no longer able to provide the service to the agreed goal, we are obliged to inform the customer immediately. We always protect and respect the interests of the customer. We do not influence the customer in terms of our own personal, political, religious, or other views.
Obligations Of The Customer
The customer is obliged to inform us about his state of health without being asked before the beginning of the training session. If any sudden health problems occur during the training, the customer is obliged to inform us immediately.
The customer actively participates in the cooperation and bears full responsibility for his state of health and observance of his own limits. Our instructions are to be followed.
The customer undertakes to keep all agreed appointments on time. Information about appointment cancellations can be found under the item “Cancellation of Appointmend and Right of Withdrawal” of these GTC.
Appropriate sportswear and equipment (e.g., yoga mats, blocks, straps) are to be organized by the customer. Possible aids (only blocks, bolsters, yoga belts, knee pads, yoga blankets, foam roller, massage balls) can be provided by us for personal training. However, there is no claim to this.
Copyright
All classes, courses, website content and other services of the provider are protected by copyright and are intended for private use only. Any use beyond this is prohibited and will be prosecuted under criminal and civil law. This includes unauthorized copying, public presentation, mailing or other commercial use.
Liability
In the case of online classes, online courses / programs, no liability is assumed for technically caused connection problems or connection failures.
Participation in the course, whether in the presence – or online, is at your own risk and should be clarified in advance by a doctor in case of health concerns.
Course participants who have not yet reached the age of 18 must submit a declaration of consent from their legal guardians.
Participants who are under the influence of alcohol, medication or narcotics are excluded from participation in the courses in their own interest.
The courses offered are preventive yoga training. Diseases or other physical impairments are not treated. The courses are not a substitute for medically prescribed individual therapies.
No diagnoses, or healing promises are made within the framework of the services offered. The course instructor is a trained yoga teacher and conducts all courses to the best of her knowledge and belief.
For accidents on the way to or from the venue as well as for loss or damage of objects of any kind we do not assume any liability towards the customer. For personal injury caused by us, they are liable only in case of negligence or intent, unless mandatory legal provisions are contrary.
Warranty Exclusion
We do not guarantee the desired or planned success or the achievement of set goals in the joint work. However, the customer and we work together to the best of our knowledge and ability to ensure that such success can occur.
Terms Of Payment
The prices stated at the time of the order apply. The valid prices for the whole offer can be found on https://www.yogamarina.com. The purchase price for all products and services, unless otherwise agreed, is due immediately upon ordering. Payment shall be made by means of the payment methods provided in the online platform.
The listed prices are final prices plus transaction fees. According to § 19 UStG the sales tax does not apply and therefore does not have to be shown.
Cancellation Of Appointments, Right Of Withdrawal
– Yoga Classes
Cancellation of a yoga class must be made at least 24 hours prior to the start of the class. Appointments not attended or not cancelled in time will be charged at 100% and cannot be made up.
– Yoga Courses / Yoga Programs
Cancellation or rebooking of a yoga class / yoga program must be made via the online platform.
Cancellation fees:
– up to 14 days before the start of the course: a cancellation fee of 40% per booked course is payable.
– 14 days to 7 days before the start of the course: 80% of the total invoice amount is due.
– 7 days and less before the course starts 100% of the course fee*.
– for cancellations after the 1st day of the course start date, 100% of the total invoice amount is due.
* Cancellation fees are waived as soon as a substitute participant is provided.
The regulations apply regardless of the reason for cancellation and if a medical certificate is presented.
A rebooking is only valid if the new date of participation is fixed at the same time, otherwise it is a cancellation with the corresponding regulations (see above). Should a course not be able to take place due to lack of sufficient participants or due to illness of the course instructor, weather conditions, pandemic or unforeseeable events, the customer will be informed in a timely manner.
For course fees already paid, the customer will receive a place in a replacement course, or alternatively a refund of the course fee.
After expiry of the agreed dates, the programs end automatically and do not require cancellation.
– Personal Training
Booked personal training sessions can be cancelled free of charge up to 24 hours before the start of the appointment. After that, free cancellation is no longer possible, and the amount is due. If we must cancel a yoga class at short notice, the customer will be informed accordingly in time and informed about further information (rescheduling of the class or refund costs). In case of a premature termination of the cooperation on the part of Marina Deetjen, we will refund the amount exceeding the service rendered.
If the client violates these terms and conditions or if he/she is responsible for the premature termination of the cooperation by Marina Deetjen, in this case there is no claim for a refund of the fee or a claim for damages by us.
An extraordinary possibility of termination remains unaffected.
A termination must be made in writing or by e-mail.
Cancellation Policy for Yoga Classes, Yoga Courses / Programs, Personal Training / Videos for Rent
According to § 312g Abs. 2 Nr. 9 BGB there is no right of revocation for course bookings made by you.
Right Of Revocation For On-Demand Videos
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of revocation, you must inform us, Marina Deetjen, Schneewittchenweg 14, 21244 Buchholz in der Nordheide, e-mail: marina@yogamarina.com by means of a clear declaration (e.g., a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form below for this purpose, but it is not mandatory.
To comply with the revocation period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences Of The Revocation
If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment.
Premature End Of The Right Of Revocation
Your right of withdrawal expires prematurely if we have provided the service in full and have only begun to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal when we have performed the contract in full.
This is particularly the case if you have already completely viewed a purchased video and only then want to exercise your statutory right of withdrawal.
Sample Revocation Form
If you want to revoke the contract, please fill out the following form and send it to:
Marina Deetjen
Snow White Way 14
21244 Buchholz in der Nordheide
E-mail: marina@yogamarina.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in case of paper communication)
– Date(s)
(*) Delete where not applicable.
End of the revocation notice
Legal Validity Of The GTC
These General Terms and Conditions shall apply with effect from 15.11.2022 until further notice.
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Choice Of Law, Place Of Jurisdiction
German law shall apply exclusively. In relation to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.
The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we shall be entitled, at our discretion, to take legal action at the customer’s place of business.