... or for the sale of analog and digital products.
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of akademie bios - Dr. Ernestina Mazza OG (hereinafter referred to as "Seller" or "akademie bios®" for short), apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed in writing.
These GTC come into force on July 21, 2018 and replace all previous GTC. They are valid for all registrations, products and services from this date.
1.2 These GTC shall apply mutatis mutandis to contracts for the delivery of goods and services presented in the Seller's print catalog, unless expressly provided otherwise.
1.3 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.4 A consumer within the meaning 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 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.
1.5 For the purposes of these GTC, digital content is all data that is not on a physical data carrier, that is produced in digital form and that is provided by the seller with the granting of certain rights of use that are regulated in more detail in these GTC.
2 Conclusion of contract
2.1 The product descriptions contained in the online store or on the order pages and in the order form of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 When ordering goods presented in the Seller's print catalog, the Customer may submit its offer to the Seller by telephone, fax, e-mail or mail.
2.4 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer's order has been placed.
The contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller 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 shall no longer be bound by its declaration of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. by e-mail) after the Customer has sent his order together with these General Terms and Conditions.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3 Right of revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Cancellation policy of the seller.
4 Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs are indicated separately in the respective product description and are generally not included in the purchase price.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment options are communicated to the customer in the online store or on the seller's order form.
4.4 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.
4.5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online store / order form about a corresponding payment restriction. In the event of late payment, interest on arrears will be charged at the rate of 12% per annum. Irrespective of this, the seller must be compensated for all disadvantages arising from the delay in payment within 14 days of the request. Prices are subject to change between order and delivery.
5 Delivery and shipping conditions
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. Delivery periods or delivery dates shall always be deemed to be approximate. Partial deliveries and partial invoices are permissible. Deliveries are always made while stocks last. The dispatch takes place - as far as not differently on the order side indicated - at present postage free for orders from Austria and Germany (Switzerland according to postal expenses), regardless of the value, weight and size of the package.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable amount of notice. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller's cancellation policy shall apply.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receiving this e-mail, the customer can pick up the goods at the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.
5.6 Digital content is provided to the customer exclusively in electronic form as follows:
- via download or
- By email
6 Granting of rights of use for digital content
6.1 Unless otherwise stated in the content description in the online store of the seller, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the provided content for exclusively private purposes of personal further education.
If the customer is an entrepreneur, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the ceded content for purposes of personal, job-related or company-internal further training for his own person, but not to use it for other commercial purposes or to exploit it commercially.
If the customer acts as a (book) dealer, reseller or agent, the seller grants the customer the right to the ceded content to sell it to an end user under a reasonable, agreed commission and thus only to grant the end user the non-exclusive, geographically and temporally unrestricted right to use the ceded content for exclusively private purposes (such as personal further education).
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
7 Retention of title
7.1 With respect to consumers, the seller retains ownership of the delivered goods until full payment of the purchase price owed.
7.2 With respect to entrepreneurs, the seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
7.3 If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer shall remain authorized to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the Seller shall not collect the receivables as long as the Customer meets its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
8 Warranty and compensation
If the purchased item is defective, the provisions of the statutory warranty or liability for defects shall apply. The following shall apply in deviation herefrom:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods shall be one year from the transfer of risk;
- the rights and claims due to defects are generally excluded for used goods;
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
8.2 The limitations of liability and shortening of the limitation period set forth in the preceding clauses shall not apply to the following
- for claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
8.3 If the customer acts as a consumer, he is requested to claim delivered goods with obvious transport damage from the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
8.4 For resellers, in the event of a warranty claim, the seller reserves the right to remedy the defect in a product by replacing it with a defect-free one. Complaints must be made in writing to the seller immediately after receipt of the goods, otherwise liability and warranty are excluded.
9 Liability of the seller
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1 The seller is liable for any legal reason without limitation
- 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 warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to half the amount of the purchase price subject to liability or to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. This also applies in the event of default or impossibility of performance. For consumers within the meaning of the KSchG, damages shall be paid to the extent provided by law. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely.
9.3 Otherwise, any liability of the seller is excluded.
9.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
10 Conditions of participation and liability for online courses
The online trainings and seminars of the akademie bios® entitle to the professional practice of the learned contents within the framework of the law. Information about details can be found in the individual descriptions of the online trainings and seminars - mostly in updated form on the website. The online trainings, which may be practiced within the framework of the trade license of the "energeticist", however, do not entitle to the practice of medicine in the sense of a healing profession, nor to psychotherapy.
The participants attend the events on their own responsibility and cannot derive any claims against the organizers, the teaching team or the other training participants from any consequences. The respective online seminar is carefully prepared and conducted according to the current state of knowledge. akademie bios® does not assume any liability for the advice given or the utilization of the knowledge acquired. Liability claims against the organizers, which refer to damages caused by the use of the information provided in the seminars, are excluded, unless there is evidence of intentional or grossly negligent fault on the part of the organizers.
Attending the offered trainings and seminars in no way replaces medical, psychiatric or psychotherapeutic treatments or consultations. In the event of such ongoing treatment or the urgent need for it, the organizers are to be informed of this at the latest at the time of registration.
akademie bios® accepts no liability for the learning materials provided.
11 Customer or participant data
11.1 Accuracy and completeness of the data
The customer is responsible for providing correct and complete information and for notifying akademie bios® of changes of address, email address and contact details. Communications from akademie bios® can be sent to the customer at the email address or address specified in the booking or registration, as long as a change of address is not communicated in writing to akademie bios®.
All personal information of the participants will be treated confidentially. Detailed information on data protection can be found on our Privacy page.
12 Applicable law and place of jurisdiction
12.1 These GTC and all contracts concluded on the basis thereof shall be governed exclusively by Austrian law, excluding the conflict of law rules of Austrian private international law and the laws on the international sale of movable goods. Place of performance is Graz. The court locally and factually responsible for the registered office of akademie bios - Dr. Ernestina Mazza OG is agreed as the place of jurisdiction.
If the customer is a consumer within the meaning of the KSchG, the jurisdiction of the court in whose district the customer's domicile, habitual residence or place of employment is located shall be deemed to be established.
12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union - with the exception of Switzerland and Liechtenstein.
13 Code of Conduct
13.1 The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be found on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/ are visible.
14 Alternative Dispute Resolution
14.1 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.
14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
15 Written form and severability clause
These GTC and all contracts concluded on the basis thereof may only be amended or supplemented in writing.
Should any provision of the GTC be or become invalid and/or incomplete, the invalid provision shall be replaced by a legally valid provision that comes closest in its economic effects. If individual provisions of these GTC are not in compliance with mandatory statutory provisions, this shall not affect the remaining provisions of these GTC. The invalidity or incompleteness of a provision shall not affect the validity of the other provisions.
All rights of reprint and reproduction of event media, data carriers and scripts, individual accompanying documents as well as training documents or parts thereof are reserved by the respective trainers, consultants or course or seminar organizers. No part of the training documents may be reproduced in any form - not even in part - without their written permission - not even for the purpose of teaching - in particular processed, duplicated, distributed or used for public reproduction using electronic systems. Audio/visual recordings made before/after or during the courses or seminars are permitted - even in part - only with the written permission of the organizers and may be used only in a personal context and for the private purpose of repeating the course content, but under no circumstances may they be commercially exploited or distributed free of charge to the public or to third parties. In any case, a copy of all audio/visual recordings must be made available to the organizers in digital, suitable form. All associated rights of use and publication in a locally and temporally unlimited manner are automatically transferred to the organizer with this transfer. This also applies to voluntarily provided course transcripts.
17 Trademark protection
All terms used by akademie bios® that are associated with a ® (registered) are registered word and figurative marks and are subject to trademark protection law. The use of these trademarks, in particular also by course graduates for their own professional activities, is only permitted after signing a license agreement that regulates the use under trademark law and represents a quality assurance.
18 Final provision
Our activity and products are not a substitute for medical diagnosis, therapy or treatment. We do not treat, diagnose or prescribe, i.e. all statements made in online courses and products are (energetic / emotional) state descriptions. We understand all online courses, sessions or online seminars as prevention, as accompaniment and supplement of classical medical or psychotherapeutic treatments or as support for holistic regeneration.