Terms of service
General Terms and Conditions
Status: January 4, 2016
1. general provisions
1.1 The following General Terms and Conditions (hereinafter: "Terms and Conditions") apply to the use of the online store at "www.emotional-mind.com" (hereinafter: "Online Shop"), as well as to the contracts concluded in this Online Shop and to the related services of Das Mitte Institut, Linienstraße 130, 10115 Berlin, Tel: (030) 27581121, Fax: (030) 27583220, firstname.lastname@example.org (hereinafter: "Mitte Institut"). These Terms and Conditions shall also apply to all services provided by Mitte Institut in the context of seminars, lectures, courses, training sessions, workshops and courses (hereinafter: "Events").
1.2 Any terms and conditions of the Customer that deviate from these Terms and Conditions shall not apply. Counter-confirmations of the customer with reference to his own terms and conditions are expressly rejected. Terms and conditions of the customer shall not become part of any agreements.
2 Services of the Mitte Institute
The Mitte Institut offers on the one hand the booking of events and on the other hand the purchase of goods. Which services are contractually agreed upon results from the service description of the respective product. For the conclusion of the contract, only the German language is currently available.
2.1 Booking of events
2.1.1 You can register for our events in writing, by online form or by fax. Your registration for an event constitutes a binding offer for us to conclude a contract.
2.1.2 A contract shall only be concluded upon our confirmation of your registration. This confirmation shall be issued within two weeks of receipt of your registration at the latest. If the event is carried out without you having received an order confirmation beforehand, the contract shall be concluded with the start of the execution of the event.
2.1.3 In the case of events, the customer is entitled to withdraw from the contract. In the event of withdrawal up to 30 days before the start of the event, the participant will be refunded the full participation fee. In the case of a withdrawal up to and including seven days before the start of the seminar, the participant will be refunded 50% of the participation fee. In the event of a withdrawal less than seven days before the start of the seminar, no refund will be made. The customer's statutory right of withdrawal remains unaffected.
2.1.4 In the case of events, the minimum number of participants can be found in the respective seminar description on the Mitte Institute website "http://www.mitte-institut.de". If a minimum number of participants is not specified, at least four participants are required for a seminar to take place.
2.1.5 The Mitte Institut is entitled to cancel the seminar and withdraw from the contract if the required minimum number of participants is not reached. Participants will be notified of this immediately in writing or by e-mail no later than eight days before the start of the seminar. Any fees already paid will be refunded.
2.2 Purchase of products in the online store
2.2.1 You can order products offered in the online store by clicking on the corresponding shopping cart button for the respective product and going through the further ordering process. At the end of the ordering process, before you submit your declaration of intent to conclude the contract (section 2.2.2 sentence 1), you can review your order and correct any input errors.
2.2.2 By pressing the button labeled "Order subject to payment", you submit an offer to conclude the relevant purchase contract. Mitte Institut accepts this offer by sending an order confirmation by e-mail. This concludes the contract. However, there is no obligation for Mitte Institut to conclude a purchase contract with you. The mere confirmation of receipt of the order by Mitte Institut does not constitute a binding order confirmation.
2.2.3 If you purchase products in our online store, you conclude a purchase contract with us. You are therefore entitled to the statutory warranty rights under § 437 BGB.
3. terms of payment
3.1 The prices of the individual offers follow from the respective offer presentation. The prices stated are always gross prices including the applicable statutory value-added tax. In the case of events, the price does not include the cost of your own travel to and from the event or your expenses for meals and overnight accommodation.
3.2 Unless otherwise agreed, the remuneration is to be paid in advance and is due for payment immediately after conclusion of the contract. Unless otherwise agreed, goods will not be shipped until payment has been received in full.
4. right of withdrawal
We will inform you separately in our cancellation policy about the right of cancellation to which you may be entitled.
5.1 Mitte Institut is liable for damages of the customer, which were caused intentionally or by gross negligence, which are the result of the non-existence of a guaranteed quality of the object of performance, which are based on a culpable violation of essential contractual obligations (so-called cardinal obligations), which are the result of culpable injury to health, body or life, or for which liability is provided for according to the Product Liability Act, according to the legal provisions.
5.2 Cardinal obligations are such contractual obligations, the fulfillment of which enable the proper execution of the contract in the first place and the observance of which the contractual partner may regularly rely on, and the violation of which endangers the achievement of the purpose of the contract on the other side.
5.3 In the event of a breach of a cardinal obligation, liability - insofar as the damage is merely due to slight negligence and does not affect life, limb or health - shall be limited to such damage as may typically and foreseeably be expected to arise in the context of the provision of services such as the contractual services.
5.4 In all other respects, liability on the part of both the Mitte Institute and its vicarious agents is excluded, regardless of the legal basis.
6. contract text
After the customer has placed an order, Mitte Institut will send the customer an overview of the product ordered, the individual and total prices as well as these General Terms and Conditions. Beyond that, Mitte Institut does not store any contract text specifically concerning the person of the customer.
7. data protection
8. final provisions
8.1 If, after conclusion of the contract, the customer's domicile or habitual residence is not within the territory of the Federal Republic of Germany or if the customer moves out of the territory of the Federal Republic of Germany, it is agreed that the place of jurisdiction shall be Berlin (Mitte). This shall also apply if the domicile or habitual residence of the customer is not known at the time the action is brought.
8.2 The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the customer is a consumer, the mandatory consumer protection provisions that apply in the state in which the customer has his habitual residence shall also apply, provided that these offer the user further protection.
8.3 Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.