AGB

General Terms and Conditions (GTC) for Customers of Spirit Yoga and the Spirit Yoga Online Shop

These General Terms and Conditions (GTC) shall represent the exclusive basis for any legal relationships between

Spirit Yoga Berlin,
Mrs Patricia Thielemann-Kapell,
("Supplier" in the following)
Goethestraße 2-3
10623 Berlin, Deutschland
Phone: 030 27 90 85 03
Email: info@spirityoga.de

and its customers that are constituted via the Spirit Yoga Online-Shop with the URLs

http://www.spirityoga.de
http://clients.mindbodyonline.com/ws.asp?studioid=734

or via catalogues issued by the Supplier, or via e-mail, fax, letter and phone, or any other means of communication.

As our „Customer" we will at times address „you" directly, particularly in the legally required cancellation terms in Para. 6.

The General Terms and Conditions serve to comply with all legal requirements regarding the information of the Customer. Any customer information will be provided to the Customer as part of the GTC in written form (e.g. letter, fax, e-mail) after receipt of their order. Moreover, the Customer can also print or save the GTC free of charge. Please mark the text in order to do so and save it to your computer or print it out directly. The Supplier also refers to the data protection guidelines and the respective privacy policy statement.

1. General Information
1.1. Within the meaning of these General terms and Conditions customers shall be regarded as consumers, exclusively. According to § 13 BGB consumers shall be natural entities with whom business relationships are started without a commercial, independent or freelance activity to be ascribed to them.

1.2. These General terms and Conditions shall apply in the version applicable at the time of placing the order.

1.3. These General terms and Conditions shall not apply to businessman. According to §14 BGB, businessmen within the meaning of the present terms shall be natural or legal entities or partnerships of legal capacity with whom business relationships are started and who exercise a commercial, independent or freelance activity. Separate terms and conditions shall apply to orders made by businessmen and be sent to you by the Supplier on request.

2. Conclusion of Contract
2.1. Ms Patricia Thielemann Kapell, Goethestraße 2-3, 10623 Berlin, shall be the Supplier and contractual partner for any order placed by the Customer.

2.2. The presentation of the goods in the online shop does not represent a binding offer by the Supplier but a request to the Customer to submit such a binding offer.

2.3. Orders placed by the Customer represent a binding offer to conclude a purchase contract with regards to the goods ordered or the booking of an event (Yoga courses, concerts, etc.). By clicking on the button "BESTELLEN" at the end of the order transaction in the online shop the Customer places such an order to purchase the goods or events in the shopping cart. By doing so, the Customer also accepts these General Terms and Conditions as being exclusively applicable to the legal relationship with the Supplier.

2.4. The Supplier shall confirm the receipt of the Customer's order in written form (e.g. fax or e-mail) and inform him on the contractual details. This confirmation of receipt shall not represent a binding acceptance of the order but merely serve to inform the Customer that their order was received by the Supplier.

2.5. A purchase contract shall come into effect by the Supplier sending a confirmation of order to the Customer within three workdays after receipt of the order, or by shipping the ordered goods to the Customer.

3. Prices and Conditions of Payment
3.1. The prices listed in the online shop of the Supplier are final prices containing all price components including taxes (e.g. value added tax).
3.2. Additional delivery and shipping costs will be made available to the Customer in writing after receipt of their order.
3.3. The Customer can pay the goods or events ordered by advance payment or credit card as follows:
• advance payment (via bank transfer, or via cash payment during the regular Spirit Yoga business hours)
• credit card (VISA, MasterCard, American Express)
3.4. Any fee charged to one party as a result of a bank transfer or credit card payment shall be borne by the respective party. The Customer shall bear the delivery and shipping costs in addition to the final price.
3.7. A hire purchase or a purchase on approval is not possible. The legal right of withdrawal shall remain unaffected thereby.

4. Delivery, Transfer of Risk, Retention of Title
4.1. The delivery shall be effected by shipping the goods to the delivery address indicated by the Customer. Standard shipping will be carried out by the DHL parcel service (Deutsche Post AG).
4.2. As a rule, the Supplier shall send the goods ordered within 24 hours (but no later than within five workdays) after receipt of payment, if the Customer opted to pay in advance (bank transfer, cash payment).
4.3. If the Customer opted to pay via credit card the Supplier shall initiate the payment on the day of shipping.
4.4. The delivery of the goods shall be at the risk of the Supplier. The risk of accidental loss or accidental deterioration shall transfer to the customer upon the handover of the goods; this includes mail order purchases.
4.5. The goods shall remain the property of the Supplier until the purchase price has been paid in full.
4.6. For goods that cannot be delivered (like ticketless course or concert bookings etc.) the above regulations shall apply to the booking (in terms of a binding entry in the participant list) instead of the delivery of the respective goods.

5. Warranty
5.1 The Supplier asks the Customer to immediately complain about any obvious material or manufacturing defects on the goods ordered, including damages in transit. Not complaining immediately shall not, however, have any effects on the Customer's legal rights.
5.2. For any other defects arising within the legal period of warranty, the legal demands for re-fulfillment, correction of faults or additional deliveries shall apply according to the Consumer's choice, or - when the particular legal conditions are given - the more far-reaching claims to depreciation and withdrawal, or to indemnification, including the compensation of the damage as well as the compensation for wasted efforts.

Start of Cancellation Policy

6. Cancellation Policy
6.1. Right of Withdrawal
As our "Customer" you have the right to cancel your declaration of contract without stating a reason within two weeks in written form (e. g. letter, fax, e-mail) or - if you received the goods before expiry of the term - by returning the goods. The stated period of time starts on receipt of this information in written form, however not before receipt of the goods by the consignee (for recurring consignments of similar goods not before receipt of the first part-delivery), and also not before performance of our obligation of information according to § 312 c, section 2 BGB in association with § 1, section 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e section 1 sentence 1 BGB in association with § 3 BGB-InfoV. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time.

The cancellation has to be sent to:
Spirit Yoga Berlin,
Mrs Patricia Thielemann-Kapell,
Goethestraße 2-3
10623 Berlin, Deutschland
Fax: 030 437 27 006
Email: info@spirityoga.de
The burden of proof for the (timely) dispatch of the goods to be returned shall rest with the Customer.

6.1.2. Rücktrittsregelung für Spirit Yoga Fortbildungen:
Falls das Training freiwillig abgebrochen wird, kann keine Rückerstattung geleistet werden und das Vertragsverhältnis bleibt bestehen. Sollte durch nachweisliche Krankheit (Ärztliches Attest), Verletzung oder Schwangerschaft während der Fortbildung eine weitere Teilnahme nicht möglich sein, so können die fehlenden Kurseinheiten in der nächsten Pre- und Postnatal Yogalehrer- Fortbildung nachgeholt werden.
Die mit der Anmeldung zu entrichtende Anzahlung von 250,- € ist nicht erstattungsfähig. Sollten Sie aus unvorhersehbaren Gründen die Ausbildung nicht antreten, besteht die Möglichkeit, die Anzahlung mit den Kosten des folgenden Teachertrainings zu verrechnen und die Ausbildung entsprechend zeitverzögert zu beginnen.
Eine Rückerstattung des Anzahlungsbetrags ist ohne Ausnahme ausgeschlossen.
Ein Rücktritt ist bis zu vier Wochen vor dem Beginn der Ausbildung möglich.
Danach entstehen folgende Kosten: zwischen 4 und 2 Wochen werden 20% der Ausbildungskosten fällig. Ab einem Rücktritt 14 Tage vor dem Beginn sind es 50%.
Bei Rücktritt am Tag des Ausbildungsbeginns oder während des Trainings erfolgt leider keine Kostenrückerstattung. Es besteht dabei selbstverständlich die Möglichkeit, die Ausbildung im Folgejahr nachzuholen.

6.2. Consequences of Cancellation
In the event of an effective cancellation the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods and services in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. This does not apply if a deterioration of goods is due exclusively to their inspection - just as would have been possible for you in a retail shop for example. In other respects you can avoid the obligation to compensate for a deterioration due to the utilization of the goods as intended by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Goods that can be dispatched as parcels have to be returned at our risk.
You only have to bear the costs of return if the goods received are in conformity with those ordered, and if the price of the goods returned does not exceed an amount of 40 Euros, or if in the case of a higher price of the goods you have not yet performed the service in return or any partial payment as agreed upon by contract at the point in time of revocation. In any other case the return of the goods is exempt from charges. Goods that cannot be returned as parcels will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The stated period of time starts for you with the dispatch of your declaration of cancellation or of the good, for us with their receipt.
6.3. Exclusion of the Right of Withdrawal
The right of withdrawal shall be excluded for contracts relating to:
a) the delivery of flowers or other perishable goods;
b) the delivery of goods that cannot be returned (e.g. e-books, downloads etc.);
c) the delivery of newspapers and magazines;
d) the delivery of audio or video recordings or software, if the Customer unseals the respective data media;
e) the delivery of goods that were manufactured according to the Customer's specifications (e.g. personalized books).
Otherwise, the statutory exemptions according to § 312d section 4 BGB shall apply.
In case of an exclusion of the right of withdrawal you shall bear our costs for resending the goods to you.
Information on CD and DVD orders:
In case the seal of a CD (audio data medium) or DVD (video data medium) that you ordered is broken, your right of withdrawal shall expire according to § 312d section 4 no. 2 BGB. If you intend to make use of your right of withdrawal according to § 312 d BGB keep the respective goods sealed.
End of Cancellation Policy

7. Data Protection
7.1 The use of personal data provided voluntarily by the customer shall be carried out exclusively in compliance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telemedia Act (Telemediengesetzes, TMG).
7.2. Personal customer data shall only be collected insofar as the Customer voluntarily provides such data by using the online shop. Personal data shall only be processed and passed on to third parties if such action is necessary to fulfill the contract between the Supplier and the Customer. Accordingly, the data shall be provided to the shipping company and - if necessary - to the bank processing payment. Beyond that, none of such details shall be passed on to any third party.
7.3. The Customer shall be entitled to information about their stored data free of charge as well as a right to rectification, refusal of access or deletion of their data where appropriate.
7.4. Unless the Customer revokes their consent, the Supplier shall be permitted to use the customer usage data for advertising, market research, and as seen fit, to create user profiles under a pseudonym-based username within the scope of the goods and services offered.
7.5. The contents of the data protection information as stipulated in para. 7 shall be available to the Customer on inquiry.
7.6. For questions regarding the collection, processing or use of personal data and for information, amendment, blocking or deletion of data and the revocation of consent granted the Customer can contact the Supplier under the address given above.

8. Cancellation of an event by a participant
8.1. Until the beginning of an event (yoga courses, concerts etc.) the Customer can withdraw from the event at any time without stating a reason. The cancellation must be stated to the Supplier:
Spirit Yoga Berlin,
Mrs Patricia Thielemann-Kapell,
Goethestraße 2-3
10623 Berlin, Deutschland
Fax: 030 437 27 006
Email: info@spirityoga.de

The declaration of withdrawal does not require a specific form. However, we recommend submitting a written statement (e.g. email) for reasons of legal certainty.
8.2. If a Customer withdraws from or does not visit an event for reasons that cannot be ascribed to force majeure and that are beyond the control of the Supplier, the Supplier shall forfeit his claim to the event fee. In such cases, the Supplier shall, however, be entitled to claim reasonable compensation from the Customer for the arrangements and expenses performed in relation to the event. In assessing such compensation, both standard savings in expenditure and alternative utilization of the arrangements and expenses performed by the Supplier shall be taken into account. Thus, if a Customer withdraws from a booked event, the Supplier shall be entitled to claim a lump sum compensation from the Customer according to the following provisions:
- Cancellation until 60 days before the start of the event: 25 % of the event costs,
- from the 59th to the 30th day before the start of the event: 50 % of the event costs,
- from the 29th to the 7th day before the start of the event: 75 % of the event costs,
- from the 6th day before the start of the event: 100 % of the event costs.
If the Supplier claims such compensation from the Customer, the Customer shall be free to provide evidence of low damage, or of no damage being done at all. Instead of a lump sum claim and compensation as stipulated in para. 8.2., the Supplier shall also be entitled to balance accounts with the Customer individually and by taking into consideration any alternative utilization of the arrangements and expenses performed.

8. Cancellation of an event by the Supplier
If an event booked at the Supplier's does not take place, or is conducted less than halfway through, the Supplier shall reimburse the event costs paid by the Customer. The Supplier shall only be liable for such expenses in excess of the reimbursement of the event costs (like traveling and subsistence costs) that were caused intentionally or by gross negligence on the part of the Supplier. The Supplier shall not be liable for such expenses if the cancellation of the event is beyond the control of the Supplier (e.g. in case of an artist's or a teacher's illness or force majeure).

9. Liability
The Supplier limits any liability for damages that do not involve harm to life, body or health, or are based on the Product Liability Act, or were caused intentionally or by gross negligence on the part of the Supplier to twice the amount of the event costs paid by the participant. Moreover, the Supplier limits any liability that involves the infringement of essential contractual obligations (so called cardinal obligations) to three times the amount of the event costs paid by the Customer. The aforementioned limitations of liability shall not apply to claims arising from tortious acts.

10. Final provisions
10.1. This agreement is governed by the laws of the Federal Republic of Germany excluding UN sales law. The applicability of binding legislation of the state in which the Customer is habitually resident shall remain unaffected by this choice of law.
10.2. Should individual provisions of these General Terms and Conditions be or become null and void, the validity of the remaining provisions shall remain unaffected thereby. In this case the contracting parties shall be obliged to replace a null and void provision by a relevant and effective provision to the benefit of the economic purpose of the parties. The same shall apply to possible gaps in the contract agreement.

Berlin, June 2009 © Spirit Yoga Berlin