T&Cs
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General terms and conditions with customer information
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Table of contents
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1. Scope
2. Provider Services
3. Conclusion of contract
4. Right of Withdrawal
5. Prices and terms of payment
6. Falling below the minimum number of participants in online live courses
7. Changes or Cancellation of Live Online Courses
8. Content of the Services and Teaching Materials
9. Granting of rights of use to digital content and transfer
10. Liability for Defects
11. Liability
12. Governing Law
13. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Stefanie Augustine, trading under "Satyam Yoga" (hereinafter "Provider"), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter "Services "), which a consumer or entrepreneur (hereinafter "customer") concludes with the provider regarding the services presented on the provider's website.
The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or independent professional activity. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier, which is produced in digital form and made available by the provider under the granting of certain rights of use that are more precisely regulated in these terms and conditions.
2) Provider's services
2.1 On the one hand, the provider holds online live courses and, on the other hand, delivers digital content via its website. The content of the online live courses and the subject of the digital content result from the respective service description on the provider's website.
2.2 Insofar as the provider holds online live courses, he provides his services exclusively in electronic form via online video conferences using appropriate technical means. For this purpose, the provider provides the customer with suitable application software before the start of a video conference. In order to participate correctly in the online video conference, the customer's system must meet certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for complying with the system requirements. The provider is not liable for technical problems that can be traced back to inadequate system requirements at the customer.
2.3 The provider renders its services through qualified personnel selected by it. The provider can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the provider's descriptions, the customer has no right to choose a specific person to provide the commissioned service.
2.4 The provider provides its services with the greatest care and to the best of its knowledge and belief. However, the provider does not owe a specific success. In particular, the provider does not guarantee that the customer will achieve a specific learning success or that the customer will achieve a specific performance goal. Last but not least, this also depends on the personal commitment and will of the customer, over which the provider has no influence.
2.5 If the provider delivers digital content, the delivery is made exclusively by providing an online video stream using appropriate technical means. For the proper reproduction of the stream, the customer's system must meet certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for complying with the system requirements. The provider is not liable for technical problems that can be traced back to inadequate system requirements at the customer.
3) Conclusion of contract
3.1 The services described on the provider's website do not constitute binding offers on the part of the provider, but serve to enable the customer to submit a binding offer.
3.2 The customer can submit his offer using the online form provided on the provider's website. After entering their data in the form, the customer submits a legally binding contract offer in relation to the selected service by clicking on the button that concludes the registration process. Furthermore, the customer can also submit the offer to the provider by telephone, fax, e-mail or post.
3.3 The provider can accept the customer's offer within five days,
- by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the customer is decisive, or
- by asking the customer to pay after submitting his contractual declaration
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the provider does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent. If an online live course is held, the same applies if the course selected by the customer begins before the end of the acceptance period and the provider does not accept the customer's offer no later than 24 hours before the start of the course, provided that between the parties nothing else has been agreed.
3.4 When submitting an offer via the provider's online form, the text of the contract is saved by the provider after the conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent his offer. The provider does not make the contract text accessible beyond this. If the customer has set up a user account on the provider's website before sending the offer, the data on the commissioned service will be archived on the provider's website and can be accessed free of charge by the customer via their password-protected user account by providing the corresponding login data.
3.5 Before the binding submission of the offer via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
3.6 Only the German language is available for the conclusion of the contract.
3.7 Contacts by the provider for contract processing usually take place by e-mail. The customer must ensure that the e-mail address given when submitting the offer is correct so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned to process the contract can be delivered.
4) Right of Withdrawal
Further information on the right of withdrawal can be found in the provider's cancellation policy.
5) Prices and terms of payment
5.1 The prices given by the provider are total prices. Sales tax is not shown because the provider is a small business within the meaning of the UStG.
5.2 Various payment options are available to the customer, which are specified on the provider's website.
5.3 For payments in countries outside the European Union, additional costs may arise in individual cases for which the provider is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees).
5.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.Ã r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.
6) Falling below the minimum number of participants for online live courses
6.1 The provider can determine a minimum number of participants for its online live courses. If a minimum number of participants is determined, the provider will expressly point this out in the course description.
6.2 If the minimum number of participants is not reached, the provider can withdraw from the contract by notifying the customer no later than seven days before the start of the course. If several services are the subject of the contract, the cancellation by the provider in the aforementioned cases is limited to the service affected by the falling below the minimum number of participants ("partial cancellation"). The partial withdrawal has no effect on the other agreed services. The provider will send the customer his declaration of withdrawal immediately after learning that the number of participants has not been reached, at the latest seven days before the start of the course.
6.3 If the provider exercises its right of withdrawal in accordance with the above paragraph, the customer can request participation in another online live course that is at least equivalent, if the provider is able to offer such a course from its range at no extra charge for the customer. The customer must assert his request immediately after receipt of the declaration from the provider.
6.4 If the customer does not exercise his right according to the above paragraph, the provider will immediately reimburse the customer for the fee already paid for participation in the affected online live course. Here, the provider uses the same means of payment that the customer used for the original transaction, unless something else was expressly agreed.
7) Changes or cancellation of live online courses
7.1 The provider reserves the right to change the time, instructor and/or content of the online live courses, provided that the change is reasonable for the customer, taking into account the interests of the provider. Only insignificant changes in performance that become necessary after the conclusion of the contract and were not brought about by the provider in bad faith are reasonable. The provider will inform the customer in good time in the event of a change in time, course instructor and/or course content.
7.2 In the event of a significant change in service, the customer can withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if the provider is able to offer such a course from its range at no extra charge for the customer.
7.3 If several services are the subject of the contract, the withdrawal by the customer in the aforementioned cases is limited to the service affected by the change ("partial withdrawal"). The partial withdrawal has no effect on the other agreed services. The customer can only withdraw from the entire contract if he is not interested in the other agreed services.
7.4 The customer must assert the rights in accordance with the above paragraph immediately after the provider has been informed of the change in service.
7.5 The provider is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fees already paid. If the online live course is canceled, the provider will try to find an alternative date.
8) Content of the Services and Educational Materials
8.1 The provider is the owner of all rights of use that are required to provide the services. This also applies with regard to training documents that may be provided to the customer in connection with the provision of services.
8.2 Any teaching material that accompanies the service (e.g. teaching documents) will only be made available to the customer in electronic form by e-mail or for download. Unless otherwise agreed, the customer has no right to receive the teaching material in physical form.
8.3 The customer may only use the content of the services, including any training documents provided, to the extent that is necessary for the purpose of the contract on which both parties are based. In particular, the customer is not entitled to record the content of the services or parts thereof or to reproduce, distribute or make publicly accessible teaching documents without the provider's separate permission.
9) Granting of rights of use to digital content and transfer
9.1 Digital content is only provided by providing an online video stream using appropriate technical means.
9.2 Unless otherwise stated in the content descriptions on the provider's website, the provider grants the customer the non-exclusive, local and temporally unrestricted right to use the provided content exclusively for private purposes.
9.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The provider can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
10) Liability for defects
The statutory liability for defects applies.
11) Liability
The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
11.1 The provider is fully liable for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed in this regard,
- due to mandatory liability such as under the Product Liability Act.
11.2 If the Provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
11.3 Apart from that, liability on the part of the provider is excluded.
11.4 The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
12) Governing Law
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.