1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Joseph Bartz (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 These GTC shall apply accordingly for contracts regarding the delivery of tickets, unless otherwise agreed expressly. These GTC deal only with the selling of tickets for certain events specified in the Seller's article description. They do not apply for the performance of those events. As far as the performance of events is concerned, the legal provisions as between the Client and the organizer as well as possibly the organizer’s conditions deviating hereof, shall apply exclusively. In case, the Seller is not the organizer at the same time, he is not liable for the correct performance of the event, for which the respective organizer bears exclusive responsibility.
1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.5 A trader pursuant to these GTC 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 independent professional activity.
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or per online contact form.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The German and the English language are exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
3.3 Unless otherwise agreed, a right to cancel shall not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Accordingly, a right to cancel is also excluded in the case of contracts which relate to the sale of tickets for scheduled leisure events.
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.4 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction.
4.5 If the payment method "PayPal invoice" is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal carries out a credit check using the transmitted Client data. The Seller reserves the right to refuse the Client the payment method "PayPal invoice" in case of a negative credit check. If the payment method "PayPal Invoice" is accepted by PayPal, the Client must pay the invoice amount to PayPal within 30 days from receipt of the goods, unless PayPal specifies a different payment term. In this case, he can only make payments with debt-discharging effect only to PayPal. However, in the event of assignment of claims, the Seller shall remain responsible for general customer inquiries, e. g. regarding the goods, delivery time, dispatch, returns, complaints, cancellation declarations and dispatches or credit notes. In addition, the General Terms and Conditions of Use for the use of the payment method “purchase” on account with PayPal shall apply; these conditions can be viewed at https://www.paypal.com
4.6 If the payment method “purchase on account” via secupay AG is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction to secupay S. A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag). The payment method “purchase on account” requires a successful credit assessment by secupay S. A. If the Client is permitted to use the payment method “purchase on account” after his creditworthiness has been verified, payment shall be processed in cooperation with secupay S. A., to which the Seller assigns his claim for payment. In this case, the Client can only pay to secupay S. A. with debt-discharging effect. The Seller shall remain responsible for general customer inquiries, e. g. regarding the goods, delivery time, dispatch, returns, complaints, cancellation declarations and dispatches or credit notes, even when the payment method “purchase on account” via secupay is selected. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) of the Seller to the Client which announces a debit by means of SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
4.8 If the payment method "PayPal direct debit" is selected, PayPal collects the invoice amount from the customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) to the Client announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
4.9 When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Client in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Client customer is separately referred. Further information on "Shopify Payments" can be found at https://www.shopify.com
4.10 If the payment method "immediate bank transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as "IMMEDIATE"). If he wants to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer”. Furthermore he must have the appropriate credentials during the payment process, and must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client at https://www.klarna.com
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the Client with PayPal at the time of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons.
5.4 Digital content will be provided to the Client exclusively in electronic form as follows:
5.5 Tickets will be provided to the Client as follows:
- by e-mail
5.6 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller's online shop, the Seller grants the client the non- exclusive right, unlimited in relation to place and time, to use the contents supplied exclusively for private purposes.
6.2 The transmission of content to third parties or the production of copies to third parties in a way not covered by the GTC is prohibited, unless the Seller has consented to the transfer of the contractual license to third parties.
6.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will only become effective, if the Client has paid the contractually stipulated compensation in full. The Seller may allow the use of the contractual contents temporarily prior to this date. A transfer of rights does not take place via such a provisional permission.
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
8.2 If the Client acts as trader
8.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
8.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
8.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
The following terms and conditions apply to all companies and or persons or other entities (“you”) that are attending any Intensives/Seminars/Camps/Events (“Workshop”) organized by Joseph Bartz Training (“we” or “us”). Please ensure you have read and understand the following:
By completing the registration form for a particular workshop, you are agreeing to the terms and conditions set out below (“Terms”) and they will be incorporated into the contract between us (“Contract”). You will ensure that your employees, partners, agents, contractors, subcontractors and any other person attending the Workshop on your behalf shall comply with these Terms. The Contract is formed when we send you a booking confirmation
All tickets are refundable for 2 weeks after registration. After that, all tickets for the Workshop shall be non-refundable except as set out in paragraphs 4 and 5 below. However, if you are unable to attend the Workshop for any reason you may email us at kontakt@josephbartz.de to provide us with the name of a substitute to attend the Workshop on your behalf and on receipt of this email we shall make such substitution and allow the substitute access to the Workshop.
There may be circumstances in which we need to cancel the Workshop. In such circumstances, we will provide you with a full refund of the amount of the Registration Fee that you have paid to us and we will make very effort to provide you with such refund within 60 days of the date of cancellation.
There may be circumstances in which we need to postpone the Workshop or change the venue at which Workshop is to be held and if we do, we shall advise you of this as soon as we possibly can. If the postponement is for more than 6 months after the publicised date of the Workshop or the replacement venue is more than 50 miles away from the publicised venue, you may cancel your ticket by emailing us at kontakt@josephbartz.de and we shall provide you with a full refund.
Our sole liability in relation to any cancellation, postponement or change of venue shall be limited to the price paid by you for such Workshop and we shall not be liable under any circumstances for any consequential losses.
In providing this workshop, no person is acting as your solicitor or providing you with legal advice. We are providing you with training, template documents and guidance.
If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Workshop, you will be required to leave the Workshop and we shall not be liable to refund your Registration Fee or any other payment.
You must comply at all times with the health and safety policy of the venue. You must comply with all requests from us or the venue with regard to health and safety and failure to do so will result in you being asked to leave the workshop (in which case no refund will be provided). You may not bring any equipment or items of a hazardous or dangerous nature to the Workshop.
You shall not cause any damage to any part of the venue (including outside areas, and all inside walls, flooring, fixtures and fittings). You are solely liable for any damage caused by you, your employees, contractors, sub-contractors and agents to any such area of the venue and shall fully reimburse us in relation to any damage so caused.
You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Workshop by you.
We may wish to photograph or film the Workshop and reserve the right to do so for the purposes of promoting future workshops or otherwise. You consent to us (or any other person attending the Workshop) photographing or filming you and any persons attending the Workshop with you. You may not photograph or video the Workshop without our prior consent.
We shall not send you tickets for the workshop. We will have your name on the attendee list and if you have paid the Registration Fee you shall be provided with access to the Workshop.
You shall be responsible for making and paying for your own travel and accommodation arrangements to and from the Workshop. If you are late at the workshop or prevented from attending the Workshop due to travel delays or any other circumstances, we shall not be obliged to provide you with a refund or to wait to start the Workshop until you arrive.
If you have any disability or medical condition that requires us to make special arrangements for you, please email us at kontakt@josephbartz.de as soon as possible and in any workshop at least 2 weeks prior to the date of the Workshop.
Whilst every reasonable precaution is taken by us to ensure security and safety at the workshop, we shall not in any way be liable for any loss or damage suffered by you whatsoever in relation to the Workshop, save that nothing in these Terms shall be deemed to limit the liability of any person for death or personal injury caused by negligence.
Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, any fraudulent misrepresentation or any other liability for which it is unlawful to exclude or limit liability.
Our total liability for any matter arising out of the Contract shall in all circumstances be limited to the price paid by you for the Workshop and we shall not in any circumstances be liable to you for any consequential loss whatsoever.
These Terms shall be governed by German Law and your hereby submit to the exclusive jurisdiction of the German Courts.