Table of contents

1. Scope of application, definitions
2. Services of the organiser
3. Conclusion of contract
4. Right of withdrawal for consumers
5. Prices and terms of payment
6. Eligibility to participate, transfer of contract
7. Falling short of the minimum number of participants
8. Change or cancellation of the event
9. Teaching material
10. Liability
11. Applicable law, place of jurisdiction
12. Alternative dispute resolution
13. For Ringschmiede Berlin vouchers
14. Cancellation conditions

1) Scope of application, definitions

1.1 These General Terms and Conditions (hereinafter "GTC") of Jens Martens, trading as "Ringschmiede Berlin" (hereinafter "Organiser"), apply to all contracts for participation in courses / seminars (hereinafter "Event") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Organiser with regard to the Events presented on the Organiser's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 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 his commercial or independent professional activity.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2) Services of the organiser

2.1 The organiser only offers face-to-face events. The content of the event can be found in the respective course description on the organiser's website.

2.2 In the case of face-to-face events, the organiser shall provide its services exclusively in personal contact with the customer and in premises selected by the customer for this purpose. Unless otherwise stated in the course description of the organiser, the client has no claim to the selection of a specific venue for the implementation of the desired event.

2.3 The Organiser shall provide its services through qualified personnel selected by it. In doing so, the organiser may also make use of the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the course description of the organiser, the customer has no claim to the selection of a specific person to carry out the desired event.

2.4 The organiser provides its services with the greatest care and to the best of its knowledge and belief. However, the organiser does not owe a certain success. In particular, the organiser does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance target. This depends not least on the personal commitment and will of the customer, over which the organiser has no influence.

3) Conclusion of contract

3.1 The events described on the website of the organiser do not constitute binding offers on the part of the organiser, but serve for the submission of a binding offer by the customer.

3.2 The customer can submit his offer via the online registration form provided on the website of the organiser. After entering his or her data in the registration form, the customer makes a legally binding offer to enter into a contract for the selected event by clicking the button that concludes the registration process. Furthermore, the customer may also submit the offer to the organiser by telephone, e-mail or post.

3.3 The organiser may 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), in which case the receipt of the confirmation of registration by the customer is decisive, or
• by requesting payment from the customer after the customer has submitted his contractual declaration.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the organiser does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The same applies in the event that the event selected by the customer begins before the expiry of the acceptance period and the organiser does not accept the customer's offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 In the case of registration via the website of the organiser, the text of the contract shall be stored by the organiser after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The organiser shall not make the text of the contract accessible beyond this.

3.5 Before bindingly submitting the offer via the Organiser's online registration form, the customer can continuously correct his entries using the usual keyboard and mouse functions.

3.6 Only the German language is available for the conclusion of the contract.

3.7 If the customer registers further participants for an event, he undertakes to also be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.

4) Right of withdrawal for consumers

Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), a right of withdrawal for consumers does not exist for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.

5) Prices and terms of payment

5.1 Unless otherwise stated in the Organiser's offer, the prices quoted are total prices which include the statutory value added tax.

5.2 Costs for travel, accommodation and meals at face-to-face events are not included in the price and are to be borne by the client, unless otherwise stated in the course description of the organiser.

5.3 Various payment options are available to the customer, which are indicated on the organiser's website.

5.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.5 If payment is made by means of a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Eligibility to participate, transfer of contract

6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the organiser.

6.2 If a third party enters into the contract between the customer and the organiser, he and the customer shall be liable to the organiser as joint and several debtors for the participation price and any additional costs incurred due to the entry of the third party.

7) Falling short of the minimum number of participants

7.1 The organiser may determine a minimum number of participants for its courses. If a minimum number of participants is stipulated, the organiser shall expressly point this out in the course description.

7.2 If the minimum number of participants is not reached, the organiser can withdraw from the contract at the latest seven days before the start of the course by giving notice to the customer. The organiser will send the customer his notice of withdrawal immediately after becoming aware of the number of participants not being reached, at the latest seven days before the start of the course.

7.3 If the organiser makes use of his right of withdrawal in accordance with the above clause, the customer can demand participation in another event of at least equal value if the organiser is in a position to offer such an event from his range of services at no extra cost to the customer. The customer must make his demand to the organiser immediately after receipt of the organiser's declaration.

7.4 If the customer does not exercise his right in accordance with the above clause, the organiser shall immediately refund to the customer any participation fee already paid.

8) Change or cancellation of the event

8.1 The organiser reserves the right to change the time, place, course leader and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organiser. Reasonable changes are only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organiser contrary to good faith. The organiser shall inform the customer in good time in the event of a change in the time, place, course leader and/or content of the event.

8.2 In the event of a significant change in performance, the customer may withdraw from the contract free of charge or instead request participation in another event of at least equal value if the organiser is able to offer such an event from its range without additional charge to the customer.

8.3 The customer must assert the rights in accordance with the above section immediately after informing the organiser of the change in services.

8.4 The organiser is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. In the event of cancellation of the event, the organiser will endeavour to find an alternative date.

9) Teaching material

9.1 The organiser is the owner of all rights of use that are necessary for the implementation of the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.

9.2 The customer may only use the contents of the event, including any teaching materials provided, to the extent that is necessary in accordance with the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly available teaching materials without the organiser's separate permission.

10) Liability

The organiser is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

10.1 The organiser shall be liable without restriction 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 regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

10.2 If the organiser negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. Material contractual obligations are obligations which the contract imposes on the organiser according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.

10.3 In all other respects, liability on the part of the organiser is excluded.

10.4 The above liability provisions shall also apply with regard to the liability of the organiser for its vicarious agents and legal representatives.

11) Applicable law, place of jurisdiction

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.

11.2 If the customer is a merchant, a legal entity under public law or a 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 is the organiser's registered office. If the customer has his registered office outside the territory of the Federal Republic of Germany, the organiser's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the aforementioned cases, however, the organiser is in any case entitled to call upon the court at the customer's registered office.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the internet at 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 involving a consumer.

12.2 The organiser is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13) General Terms and Conditions (GTC) for Ringschmiede Berlin Vouchers

13.1 Scope

These GTC apply to all vouchers issued by Ringschmiede Berlin, Mengerzeile 3, 12435 Berlin, (hereinafter ″Ringschmiede Berlin″). Insofar as special conditions apply to individual types of voucher, these then take precedence over these ″General Terms and Conditions″.

13.2 Data protection

Ringschmiede Berlin uses personal data exclusively for the processing of contracts. Any use for purposes beyond this will only take place if the consent of the person concerned or a legal exception exists.

13.3 Place of jurisdiction, choice of law

The place of jurisdiction for all legal disputes in the relationship between Ringschmiede Berlin and a commercial customer is the registered office of Ringschmiede Berlin. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.4  Complaints in case of purchase or exchange

Complaints regarding the purchase or exchange of a Ringschmiede Berlin voucher must be made within 14 days of purchase or exchange in order to guarantee the possibility of tracing. Complaints made 14 days or more after purchase or exchange will no longer be accepted.

13.5 Validity period

Ringschmiede Berlin vouchers are valid for the period printed on them or (in the case of electronic vouchers) for the period transmitted electronically. If no period is specified, the vouchers are valid indefinitely. However, Ringschmiede Berlin reserves the right to allow vouchers to expire at a time to be determined by making this known on the website. https://www.ringschmiede.de/produkt/gutschein/ is announced in good time. In this case, the customer will be given the opportunity to submit affected vouchers electronically or by post. He will receive the equivalent value free of charge by bank transfer.

13.6  Redemption

Ringschmiede Berlin vouchers can be ordered from the respective https://www.ringschmiede.de/produkt/gutschein/ specified partners. Cash payment is not possible; change cannot be issued. Ringschmiede Berlin accepts no liability for costs arising from a change in the composition of affiliated partners. Ringschmiede Berlin vouchers lose their validity when they are exchanged for codes from partner companies - and NOT when they are paid for at the respective partner, as Ringschmiede Berlin has no access to partners' systems and therefore cannot track whether and when codes are redeemed at partners.

13.7 Authorisation on redemption

Ringschmiede Berlin is not obliged to check the authorisation of a voucher redeemer beyond checking the validity of the redemption code. The holder of the voucher must therefore ensure that the voucher and/or the redemption code does not come into the power of disposal of unauthorised third parties and must inform Ringschmiede Berlin immediately if there is at least the possibility that this has nevertheless happened. For a voucher redeemed by an unauthorised person, § 793 para. 1 p. 2 BGB applies accordingly.

13.8 Fulfilment

When purchasing a Ringschmiede Berlin voucher or exchanging a voucher code for a retailer voucher (code), the place of performance is the registered office of Ringschmiede Berlin at the time of purchase or exchange. If a voucher is sent to the redeemer not electronically but in physical form, the risk of accidental loss and the risk of loss of the dispatched voucher shall pass to the purchaser or redeemer in accordance with § 447 BGB (German Civil Code) upon delivery to the person or institution designated to carry out the dispatch.

13.9 Multiple redemption

Misuse or multiple redemption of a Ringschmiede Berlin voucher will be prosecuted. This also expressly includes the attempt of misuse or multiple redemption.

13.10 Corporate clients

Corporate customers are not permitted to resell purchased Ringschmiede Berlin vouchers, neither to private end customers nor to commercial users. Exceptions require the written consent of Ringschmiede Berlin.

14) Cancellation conditions

14.1 Cancellation & Rebooking of Course Dates

If you decide on a course date, it is bindingly booked. If you do not attend the course, we reserve the right to retain the course fee. 

If you cancel a course 48 hours or more before the start of the course, we reserve the right to retain half of the course fee if the course date is to be changed to a new date. In the case of a complete cancellation, we will gladly credit you with half of the course fee in the form of a voucher. Otherwise we reserve the right to retain the entire course fee. We ask for your understanding!

In any case, please contact us to find a suitable solution together.

 

Status: 05/22

For the sake of better readability, no gender-specific differentiation is made in the GTC. Corresponding terms apply to both genders for the purpose of equal treatment.