General terms and conditions
Table of contents
- Scope of application, definitions
- Services of the organiser
- Conclusion of contract
- Right of cancellation for consumers
- Prices and terms of payment
- Authorisation to participate, transfer of contract
- Falling short of the minimum number of participants
- Change or cancellation of the event
- Teaching material
- Liability
- Applicable law and place of jurisdiction
- Alternative dispute resolution
- Scope of validity for vouchers and courses
- Data protection and customer information
- Complaints
- Vouchers
- Delivery of vouchers
- Rebooking and cancellation
- Severability clause
- Changes to these GTC
1) Scope of application, definitions
1.1 These General Terms and Conditions (hereinafter "GTC") of Jens Martens, trading as "Ringschmiede Berlin" (hereinafter "we/us"), apply to all contracts for participation in courses and seminars (hereinafter "event") that you conclude with us as a consumer or entrepreneur (hereinafter "you/you") with regard to the events presented on our website. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that cannot be attributed primarily to your commercial or independent professional activity.
1.3 An 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 exercise of their commercial or independent professional activity.
2) Services of the organiser
2.1 We only offer face-to-face courses. The content of the event can be found in the respective course description on our website.
2.2 In the case of face-to-face events, we provide our services exclusively in personal contact with you and in the premises selected by us for this purpose. Unless otherwise stated in the course description, you are not entitled to choose a specific venue.
2.3 We provide our services using qualified personnel selected by us. We may also utilise the services of third parties (subcontractors). Unless otherwise stated in the course description, you are not entitled to select a specific person to organise the event.
2.4 We provide our services with the utmost care and to the best of our knowledge and belief. We do not owe you any particular success. In particular, we do not guarantee that you will achieve a specific learning outcome or reach a performance target.
3) Conclusion of contract
3.1 The events described on our website do not constitute binding offers on our part, but are intended for you to submit a binding offer.
3.2 You can submit your offer using the online registration form provided on our website. By clicking the registration button, you submit a binding contract offer. You can also submit your offer by e-mail, post or telephone.
3.3 We can accept your offer within five days,
- by sending you a written or electronic confirmation of registration, whereby the date of receipt by you is decisive, or
- by asking you to pay.
If there are several alternatives, the contract is concluded at the point in time at which one of the alternatives mentioned occurs first.
3.4 When you register via our website, we save the text of the contract after conclusion of the contract and send it to you in text form (e.g. e-mail). No further access will be provided.
3.5 You can correct your entries at any time before submitting your binding offer.
3.6 The German language is available for the conclusion of the contract.
3.7 If you register other participants, you are jointly liable for their obligations, provided you declare this when you register.
4) Right of cancellation for consumers
Pursuant to Section 312g (2) No. 9 BGB, there is no right of cancellation for services in connection with leisure activities if the contract provides for a specific date or period.
5) Prices and terms of payment
5.1 Unless otherwise stated in our offer, the prices quoted are total prices including statutory VAT.
5.2 Costs for travelling, accommodation and meals are not included in the price, unless otherwise stated in the course description.
5.3 The available payment options are communicated on our website.
5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless a later date has been agreed.
5.5 If payment is made using a payment method offered by PayPal, the transaction will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, in accordance with its terms of use: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5.6 If the payment method "Sofortüberweisung" is selected, processing is carried out by Klarna Bank AB (publ), Sweden: https://www.klarna.com/sofort/.
6) Authorisation to participate, transfer of contract
6.1 Only the person named in the registration confirmation is authorised to participate. A transfer of the contract to a third party is only possible with our consent.
6.2 If a third party enters into the contract, the third party and you shall be jointly and severally liable to us for the price and any additional costs.
7) Falling short of the minimum number of participants
7.1 We may stipulate a minimum number of participants for our courses. If a minimum number of participants is set, we will expressly indicate this in the course description.
7.2 If the minimum number of participants is not reached, we can cancel the contract by giving notice to you at least seven days before the start of the course. We will inform you immediately.
7.3 If you do not make use of an alternative date offered, we will immediately refund any fees already paid.
8) Change or cancellation of the event
8.1 We may adjust the time, location, course instructor and content of the event if this is reasonable for you, taking into account our interests. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about in bad faith are reasonable. We will inform you in good time.
8.2 In the event of significant changes to services, you can withdraw from the contract free of charge or request an equivalent replacement event, if available.
8.3 We may cancel the event for important reasons, e.g. force majeure or illness of the course instructor, and will refund any fees already paid. We will endeavour to find an alternative date.
9) Teaching material
9.1 We are the owner of all rights of use that are necessary for the realisation of the event. This also applies to teaching materials provided to you in connection with the event.
9.2 You may only use the content of the event and the teaching materials provided to the extent necessary to fulfil the contract. In particular, recording the event and reproducing, distributing or making teaching materials publicly available is prohibited without our consent.
10) Liability
We are liable to you for all contractual, quasi-contractual and statutory claims as follows:
10.1 We are liable without limitation
- in the event of intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- due to mandatory liability, e.g. under the Product Liability Act.
10.2 If we negligently breach a material contractual obligation, our liability shall be limited to the foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance you may regularly rely.
10.3 Liability is otherwise excluded.
10.4 The above provisions also apply to our vicarious agents and legal representatives.
11) Applicable law and place of jurisdiction
11.1 The law of the Federal Republic of Germany applies to all legal relationships between you and us. If you are acting as a consumer, this choice of law shall only apply insofar as you are not deprived of the protection of mandatory provisions of the law of the state of your habitual residence.
11.2 For merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office in Berlin. Consumers have the statutory place of jurisdiction.
12) Alternative dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13) Scope of validity for vouchers and courses
13.1 These General Terms and Conditions apply to all vouchers issued by Ringschmiede Berlin, Mengerzeile 3, 12435 Berlin and to bookings for courses offered to both consumers and corporate customers.
13.2 Special conditions may apply to individual voucher types or courses. These take precedence over the following regulations.
13.3 The GTC must be attached to the voucher or the course confirmation or noted there so that subsequent holders can also take note of them.
14) Data protection and customer information
14.1 We process personal data exclusively for contract processing, for the fulfilment of voucher and course services and for information about our offers, news and events.
14.2 Contact for information purposes will only be made with your consent or on a legal basis. The contact details you provide (e-mail, telephone, postal address) may be used for this purpose.
14.3 You can find more details in our Privacy policy.
15) Complaints
15.1 Please inform us immediately of any complaints about incorrect vouchers or codes as soon as you become aware of them.
15.2 Your statutory warranty rights remain unaffected.
16) Vouchers
16.1 Acquisition and redemption. Vouchers can be purchased online or on site and redeemed using the code for the services specified on the voucher or in the description. The contractual partner for redemption is Ringschmiede Berlin, unless a partner is expressly designated as the service provider.
16.2 No cash payment. The value of the voucher will not be paid out in cash unless there is a legal obligation to do so.
16.3 Validity. Unless otherwise stated, vouchers are valid for three years, beginning at the end of the year of issue (§§ 195, 199 BGB). In the case of time-limited promotional vouchers, the period is clearly indicated before purchase.
16.4 Securing the code. The voucher code must be kept in a safe place. If there is reasonable suspicion of misuse, we may block the voucher. If you are not responsible for the misuse, you will receive a replacement voucher.
16.5 Multiple redemption. Multiple redemption is not permitted. Unauthorised redemptions will be reversed. Further claims remain reserved.
16.6 Corporate customers. Corporate customers may not resell vouchers commercially without our prior written consent.
17) Delivery of vouchers
17.1 Physical vouchers. In the case of consumers, the risk of accidental loss and accidental deterioration shall only pass to the customer upon handover. In the case of entrepreneurs, the risk is transferred upon handover to the carrier (§ 447 BGB).
17.2 Electronic vouchers. In the case of electronic transmission, the voucher is deemed to have been received upon receipt in the mailbox specified by you. You take into account the usual spam and filter settings.
18) Rebooking and cancellation
18.1 Liability. Course bookings are binding.
18.2 Substitute Participants. You can nominate a suitable replacement participant free of charge at any time before the start of the course.
18.3 Rebooking. Rebooking is possible free of charge up to 7 days before the start of the course. After that, rebooking is possible for a processing fee of 25 % of the course fee.
18.4 Cancellation. The following flat rates apply for cancellations: up to 14 days before the start of the course 0 %, up to 7 days 25 %, up to 48 hours 50 %, thereafter 100 %. You expressly reserve the right to prove that no or significantly less damage has been incurred.
18.5 Illness or force majeure. In the event of illness or force majeure, we will offer a catch-up date if possible. Fees already paid will be credited to the alternative date.
18.6 Non-appearance. In the event of non-attendance without notification, the full course fee will be charged.
19) Severability clause
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the valid provision that comes closest to the economic purpose shall be deemed to have been agreed.
20) Changes to these GTC
We may amend these GTC for future contracts at any time. For contracts already concluded, the GTC included at the time of conclusion of the contract shall continue to apply.
