General Terms and Conditions

 

1. General

1.1 These General Terms and Conditions (GTC) contain the terms and conditions for the purchase of the offered goods and services that apply exclusively between us, Mona Tenjo (Work On Your Business), Kesselstädter Str. 10, 60314 Frankfurt am Main, Germany (hereinafter referred to as “Seller” or “we”) and a consumer or entrepreneur (hereinafter referred to as “Customer”), insofar as they are not modified by written agreements between the parties.

Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions 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 self-employed professional activity.

 

1.2 The customer shall be notified of any amendments to these Terms and Conditions in writing, by fax or by e-mail. If the customer does not object to these changes within four weeks after receipt of the notification, the changes shall be deemed accepted by the customer.

 

 

2. Conclusion of contract

2.1 The presentation of the offered goods and services does not constitute a binding offer by the seller. Only the order of goods or services by the customer represents a binding offer according to § 145 BGB. The seller can accept this offer within five days. In the event of acceptance of the purchase offer by the Seller, the Seller shall send an order confirmation to the Customer by e-mail.

 

2.2 After the submission of the offer, the text of the contract will be sent to the customer by email. If the customer has created a customer account, the contract text will be stored in his customer account.

 

2.3 During the ordering process, the customer has the opportunity to correct the entries made. Before the order process is completed, the customer receives a summary of all order details and has the opportunity to check his information.

 

2.4 The conclusion of the contract takes place in German.

 

2.5 A contact of the customer by the seller takes place via e-mail and automated order processing. The customer ensures that the e-mail address entered by him is correct.

 

2.6 In the case of digital goods, the Seller grants the Customer a non-exclusive right, unlimited in time and place, to use the digital content provided for private and business purposes. A transfer of the contents to third parties, as well as a reproduction for third parties is not permitted, unless permission has been granted by the seller.

 

 

3. Terms of payment

3.1 The purchase price is due immediately with the order. The payment of the goods is made by means of the payment methods provided.

 

3.2 The prices stated at the time of the order shall apply. The prices stated in the price information include the statutory value added tax.

 

 

4. Shipping conditions

4.1 The shipment of the ordered goods is carried out according to the agreements made. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.

 

4.2 Digital goods will be made available to the customer in electronic form either as a download or by e-mail.

 

 

5. Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller’s cancellation policy.

 

 

6. Offline events

If the customer purchases a ticket to an offline event, the following provisions apply:

In the event of compelling organizational or economic reasons for which the organizer is not responsible, the organizer reserves the right to cancel an event. In this case, the organizer will inform the customer immediately and rebook the tickets to a subsequent event. Cancellation costs that the participant could have insured against (ticket insurance, travel cancellation insurance, etc.) will not be reimbursed under any circumstances.

In the event of force majeure or official cancellation of the event, liability on the part of the organizer is excluded.

Liability for cancellation or rebooking fees for means of transport booked by the customer or accommodation costs is excluded.

 

 

7. Warranty

7.1.For the purchase of digital products, the statutory warranty rights of §§ 327i et seq. BGB (GERMAN CIVIL CODE) SHALL APPLY.

 

7.2 If the digital product is defective, the customer may, if the legal requirements are met, demand subsequent performance pursuant to Section 327 (1) BGB, terminate the contract pursuant to Section 327m (1), (2), (4) and (5) BGB or reduce the price pursuant to Section 327n BGB and demand damages pursuant to Section 280 (1) or Section 327m (3) BGB or reimbursement of futile expenses pursuant to Section 284 BGB.

 

7.3 In order for the digital product to remain in compliance with the contract, the Provider undertakes to provide updates to the product within the provision period if these prove necessary.

 

 

8. Limitation of liability

8.1 The Vendor shall be liable for intent and gross negligence. Furthermore, the Seller shall be liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which a customer regularly relies. In the latter case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

 

8.2 The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.

 

8.3 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the Seller shall not be liable for the constant and uninterrupted availability of the online trading system and the online offers.

 

8.4 The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We do not participate in any dispute resolution proceedings before a consumer arbitration board.

 

 

9. Final provisions

9.1 Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

 

9.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which a consumer has his habitual residence shall remain unaffected.

 

9.3 If a consumer had his place of residence or habitual abode in Germany at the time of conclusion of the contract and has either relocated at the time the action is brought or his place of residence is unknown at that time, the place of jurisdiction for all disputes shall be the Seller’s place of business.

If a consumer does not have his residence or habitual abode in a member state of the European Union, the courts at the seller’s place of business shall have exclusive jurisdiction for all disputes.

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.