§1 Validity towards consumers and definitions of terms
(1) The following General Terms and Conditions (“GTC”) apply to all deliveries between Yogamonster, owner Kathrin Karavasilis (hereinafter referred to as “us”) and a consumer in the version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations regarding the conclusion of the contract apply to registrations via the online form on www.yogamonster.de.
(2) If the contract is concluded, the contract comes with it
Yoga monster
Kathrin Karavasilis
Moltkestr. 101
D-40479 Düsseldorf
conditions.
(3) The presentation of the course offerings on our website does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order a course offering. The consumer submits a binding contractual offer by successfully completing the booking process provided on the website.
(4) The following regulations apply to booking on the website:
(4.1.) The order is made in the following steps when booking individual tickets:
1) Select the desired course offer by clicking on the event calendar “Register now” or select the product via the price list
2) Select the desired payment product (trial ticket, single ticket, 5 or 10 ticket) on the Bsport booking page (external)
3) Entering personal data into the registration form
4) Selection of the payment provider, payment is made by credit card, PayPal, SEPA or Klarna.
5) Submit the registration form using the “Pay now” button
6) Receive an automated booking confirmation via email. Please check the SPAM folder in your email inbox regularly.
7) Sending automated payment confirmation and further information about the course via the Bsport booking tool.
8) The consumer has the option to create a customer account in order to manage or cancel his booking.
9) The consumer receives important information about his booking via email or push message (after consent in the Bsport app)
We confirm receipt of the registration. The contract is only concluded when we submit the declaration of acceptance, which is sent by separate email. With this we accept your offer.
(4.2.) The order is made in the following steps when booking a membership:
1) Select the desired course offering by clicking on the event calendar “Register now” or
2) Select the desired membership via the price list (6 credits 1 adult + 1 child or 6 credits sibling) on the Bsport booking page (external)
3) The minimum term is 3 months and is automatically extended by one month. The consumer can terminate the contract at any time at the end of the month after the minimum term has expired. The right to extraordinary termination for good cause remains unaffected. Cancellation can be made via the booking system in the customer account or by email to info@yogamonster.de.
4) Enter your personal data into the registration form
5) Selection of the payment provider, payment is made by credit card, PayPal, SEPA or Klarna.
6) Submit the registration form using the “Pay Now” button
7) Receive an automated booking confirmation via email. Please check the SPAM folder in your email inbox regularly.
8) Sending automated payment confirmation and further information about the course through the Bsport booking tool.
9) The consumer has the option to create a customer account in order to manage or cancel his booking.
10) The consumer receives important information about his booking via email or push message (after consent in the Bsport app)
We confirm receipt of the registration. The contract is only concluded when we submit the declaration of acceptance, which is sent by separate email. With this we accept your offer.
(5) Storage of the contract text when registering via the Bsports form integrated via iFrame in the Bsports customer database. We will send the consumer the registration details by email. The terms and conditions can be viewed at any time at https://www.yogamonster.de/agb. For security reasons, the order data is no longer accessible via the Internet.
§3 Prices, payment, due date
(1)Payment is due immediately upon booking
(2)Payment options (Stripe): Credit card, Klarna, SEPA, PayPal
§4 Orders in the online shop
(1) Prices and shipping costs
(1.1.) The prices stated on the product pages include statutory VAT and other price components.
(1.2.) In addition to the prices stated, we charge a flat rate of 4.95 euros per order for delivery within Germany. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system and on the order page.
(2) Delivery
(2.1.) Delivery only takes place within Germany with DHL.
(2.2.) The delivery time is up to 5 working days. We will point out any different delivery times on the respective product page.
(3) Payment
(3.1.) Payment is made via the payment provider (Stripe) by credit card, PayPal, SEPA or Klarna.
(4) Retention of title
The goods remain our property until full payment has been made.
(5) Warranty for material defects
Yogamonster is liable for material defects in accordance with the applicable legal regulations, in particular Sections 434 ff of the German Civil Code.
§5 Withdrawal
(1) If the consumer defaults on payment, we reserve the right to withdraw from the contract. The legal rights of the customer remain unaffected.
(2) The consumer has the opportunity to rebook or cancel his booking up to 24 hours before the start of the course or 48 hours before the start of the workshop. After that, if you cancel, the full course fees will apply.
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§6 Cancellation policy:
Right of Withdrawal
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity:
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise the right of withdrawal, the consumer must contact us
Yoga monster
Kathrin Karavasilis
Moltkestr. 101
D-40479 Düsseldorf
Telephone +49 151 2076 0764
Email: info@yogamonster.de
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). He can use the attached model cancellation form, although this is not mandatory.
Consequences of revocation
If this contract is revoked, all payments we have received will be refunded to the consumer immediately and no later than fourteen days from the day on which we received notification of the revocation of this contract. For this repayment we use the same payment method that the consumer used in the original transaction, unless expressly agreed otherwise; In no case will any fees be charged as a result of this repayment.
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§7 Cancellation form
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
At:
Yoga monster
Kathrin Karavasilis
Moltkestr. 101
D-40479 Düsseldorf
Telephone +49 151 2076 0764
Email: info@yogamonster.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer(s)
_____________________________________________________
Address of the consumer(s)
_____________________________________________________
Signature of the consumer(s) (only for paper notification)
__________________
Date
__________________
(*) Delete what is not applicable.
§7 Warranty
(1) The statutory warranty regulations apply.
(2) The limits set out in Section 8 below apply to compensation for damages or reimbursement of wasted expenditure by the consumer.
§8 Disclaimer of liability
(1) Claims by the consumer for damages are excluded. Excluded from this are consumer claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (“cardinal obligations”) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Essential contractual obligations (“cardinal obligations”) are those that characterize the contract and whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, we are only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the consumer resulting from injury to life, body or health.
(3) The restrictions in paragraphs (1) and (2) also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The liability limitations resulting from paragraphs (1) and (2) do not apply if we fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if we have made an agreement with the consumer about the nature of the item. The provisions of the Product Liability Act remain unaffected.
§9 Obligation to cooperate and responsibility of the participant
The willingness to work together in a trusting and cooperative manner between us and the participant is a basic requirement for the successful implementation of the courses and workshops offered. The participant acknowledges that unforeseen dangerous situations for the physical integrity of the participant or other participants may arise during the implementation of the events. In this respect, Yogamonster has the right to cancel individual exercises at its own discretion at any time and/or to exclude participants from individual exercises if there are indications that a participant is likely to be at risk.
If Yogamonster employees culpably fail to follow the instructions, participants can be excluded from taking part in a course or workshop at any time without this giving rise to a claim for reimbursement.
§10 Data protection
(1) The data necessary for order processing is processed and stored in accordance with the Federal Data Protection Act (“BDSG”) and the General Data Protection Regulation (“GDPR”). All personal data will be treated confidentially. The consumer has a right to information and a right to correct, block and delete the stored data.
(2) We also refer to our data protection declaration, which is available at [Link].
§11 Newsletter
You can subscribe to a newsletter at yogamonster.de. Contents of the newsletter and the offers advertised in it are named in the declaration of consent.
In order to send the newsletter, we need the consumer's email address as well as their name. We need this data in order to be able to regularly send you the newsletter with a personal address. For registration we use the so-called double opt-in procedure, in which the consumer completes their registration by confirming their email address. If confirmation is not received within 30 days, the request will be automatically deleted from the service provider's database. In addition, we store the IP addresses you use and the times of registration and confirmation. The purpose of the procedure is to prove that the consumer has registered and, if necessary, to be able to clarify any possible misuse of his or her personal data.
The newsletter will only be sent with your previously given consent. The legal basis for sending the newsletter is Article 6 Paragraph 1 Sentence 1 Letter a GDPR.
The consumer can revoke their consent to the sending of the newsletter at any time and thus unsubscribe from the newsletter. The following options are available to you: You can unsubscribe either via the link provided in the newsletter or by sending us an email to info@yogamonster.de or a message to the contact details given above in section 1 of this information. Revocation will result in the deletion of the data we have collected, with the exception of the data we need to ensure that no more newsletters are sent to you. The lawfulness of the processing carried out based on consent until its revocation remains unaffected by its revocation.
We have commissioned the company Brevo, Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin, to send our newsletter. The data collected based on the consumer's consent will be forwarded to them for the purpose of sending newsletters. Sendinblue was carefully selected by us, is contractually strictly bound to our instructions and is regularly checked by us. It is also subject to data protection regulations and is obliged to maintain confidentiality.
§ 12 School holidays
We would like to point out that there are no or changed course times during the school holidays in the state of North Rhine-Westphalia. If courses and workshops are offered during the school holidays in the state of North Rhine-Westphalia, this is done on a voluntary basis by AS and does not represent a legal right to course times.
§ 13 Contract language
As contract language german will be available exclusively.
§ 14 Final provisions
(1) The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order out of court. The dispute resolution platform can be found at: https://ec.europa.eu/consumers/odr/. Furthermore, we do not take part in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).
(2) Changes and additions to these General Terms and Conditions must be made in text form. This also applies to this text form agreement itself. The priority of the individual agreement in accordance with Section 305b of the German Civil Code remains unaffected.
(3)The ineffectiveness of a provision of these General Terms and Conditions has no impact on the effectiveness of the other provisions