… for the sale of analogue and digital products.
1.1 These General Terms and Conditions (hereinafter “Terms”) of the akademie bios – Dr. Ernestina Mazza OG (hereinafter referred to as “Seller” or “akademie bios®” apply to all contracts for the supply of goods and services that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with respect to the goods presented by the Seller in his online shop. This shall not conflict with the customer’s own terms and conditions, unless otherwise agreed in writing.
These Terms and Conditions will enter into force on 21 July 2018 and will replace all previous Terms and Conditions. They are valid for all registrations, products and services from this date.
1.2 These GtC shall apply accordingly to contracts for the delivery of goods and services presented in the Seller’s print catalogue, unless otherwise expressly stipulated in this regard.
1.3 These GtC apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated in this respect.
1.4 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal status that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.5 Digital content within the meaning of these GtC means all data not on a physical medium, which are produced in digital form and provided by the Seller, granting certain rights of use more precisely regulated in these GTC.
2 Conclusion of contract
2.1 The product descriptions contained in the online shop or on the order pages and in the seller’s order form do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer enters a legally binding contract offer with respect to the basket of contained goods.
2.3 In the case of orders for goods displayed in the Seller’s print catalogue, the Customer may submit his offer to the Seller by telephone, fax, e-mail or postal form.
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), whereby the receipt of the order confirmation by the customer is decisive in so far as the customer’s receipt of the order confirmation is decisive, or
- by supplying the ordered goods to the customer, whereby the receipt of the goods with the customer is decisive in so far, or
- by requesting the customer to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The deadline for acceptance of the offer begins to run on the day after the customer submits the offer and ends with the expiry 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 result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller and sent to the customer in text form (e.g. e-mail) after sending his order together with these GTC.
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which increases the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact ingestion usually take place by 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 the 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 the seller responsible for the order processing can be delivered.
3 Right of withdrawal
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 Seller’s revocation policy.
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 value added tax. If necessary, additional delivery and shipping costs will be specified 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, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of funds 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 shop or on the seller’s order form.
4.4 If advance payment is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method of purchase invoice is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject 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 shop / order form of a corresponding payment restriction. In the event of late payment, interest on arrears in the amount of 12% p.a. will be charged. Irrespective of this, the Seller shall be compensated for all disadvantages resulting from the delay in payment within 14 days of the request. Price changes between order and delivery are reserved.
5 Terms of Delivery and Shipping
5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. Delivery times or delivery dates are always considered approximate. Partial deliveries and partial settlements are permitted. Deliveries are generally made as long as the stock lasts. Unless otherwise stated on the order page, the shipment is currently free of postage for orders from Austria and Germany (Switzerland by postage), regardless of the value, weight and size of the package.
5.2 If the transport company sends the shipped goods back to the seller, since delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance which led to the impossibility of service or if he was temporarily prevented from accepting the offered service, unless the seller provided the service to him a reasonable time in advance. had announced. Furthermore, this does not apply with regard to the costs of the dispatch if the customer exercises his right of withdrawal effectively. In the event of effective exercise of the right of withdrawal by the customer, the return costs shall be governed by the regulation made in the seller’s revocation instruction.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods is in principle only transferred upon delivery of the goods to the customer or a person entitled to receive it. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer as soon as the Seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has not previously instructed the freight forwarder, the carrier or the person or institution designated to carry out the shipment and the seller has not previously designated the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the responsible for the seller and the seller has concluded a concrete cover transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may collect the goods at the seller’s registered office after consultation 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:
– by download or
– by email
6 Granting of rights of use for digital content
6.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the non-exclusive, local and temporally unlimited right to use the content provided exclusively for private purposes of personal training.
If the customer is an entrepreneur, the seller grants the customer the non-exclusive, local and temporally unlimited right to use the content provided for personal, professional or company-internal training for his own person, but not to use them for commercial purposes or to exploit them commercially.
If the customer acts as a (book) dealer, reseller or representative, the seller grants the customer the right to sell the contents provided to a final consumer under reasonable, agreed commission and thus only to grant the customer the non-exclusive, local and temporally unlimited right to use the content provided exclusively for private purposes (such as personal training).
6.2 A transfer of the contents to third parties or the production of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the license in the contract to the third party.
6.3 The granting of rights shall only take effect once the customer has paid the contractually owed remuneration in full. The seller may also provisionally permit the use of the contractual content even before this date. Such a provisional authorisation does not grant a transfer of rights.
7 Retention of title
7.1 The Seller reserves the title to consumers until full payment of the purchase price owed.
7.2 The Seller reserves the right of ownership of the delivered goods to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
7.3 If the customer acts as an entrepreneur, he is entitled to resell the goods subject to retention of title in the proper course of business. All resulting claims against third parties shall be made by the customer in advance to the seller in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. This does not affect the seller’s authority to collect the claims itself. However, the Seller will not recover the claims as long as the Customer fulfils his payment obligations towards the Seller, does not default on payment and no application has been made for the opening of insolvency proceedings.
8 Warranty and damages
If the purchased item is defective, the provisions of the statutory warranty or liability for defects apply. This differs from:
8.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from the transfer of risk;
- in the case of used goods, the rights and claims due to defects are generally excluded;
- the limitation period does not start again if a replacement delivery takes place within the scope of the liability for defects.
8.2 The limitations of liability and reductions of limitation periods as set out in the preceding paragraphs do not apply
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller fraudulently concealed the defect.
8.3 If the customer acts as a consumer, he is asked to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8.4 For resellers, the Seller reserves the right to remedy the defect of a product by replacing it with a defect-free one in the event of a warranty claim being asserted. Complaints must be made in writing to the seller in the event of any other exclusion of liability and warranty immediately after receipt of the goods.
9 Seller’s Liability
The Seller shall be liable to the Customer for all contractual, contractual and statutory claims for compensation for damages and expenses as follows:
9.1 The Seller shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise stipulated in this respect,
- due to mandatory liability, such as under the Product Liability Act.
9.2 If the Seller negligently violates an essential contractual obligation, the liability is limited to half the purchase price of the liability or to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the preceding paragraph. This also applies in the event of delay or impossibility of performance. For consumers within the meaning of the KSchG, damages are paid to the legal extent. Essential 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 fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.
9.3 Furthermore, liability of the seller is excluded.
9.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
10 Terms and Conditions and Liability for Online Courses
The online trainings and seminars of the akademie bios® entitle within the framework of the law on the professional exercise of the learned content. Information on details can be found in the individual descriptions of online training and seminars, mostly in an updated form on the website. However, the online training courses, which may be carried out within the framework of the commercial authorization of the “energetician”, do not entitle to the practice of medicine in the sense of a medical profession, nor to psychotherapy.
The participants attend the events independently and cannot derive any claims from the organizers, the teaching team or the other training participants. The respective online seminar is carefully prepared and carried out according to the current state of knowledge. The academy bios® assumes no liability for the advice given and the exploitation of the acquired knowledge. Liability claims against the organizers, which relate to damages caused by the use of the information provided in the seminars, are excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of the organisers.
The attendance of the training courses and seminars offered does not in any way replace medical, psychiatric or psychotherapeutic treatments or consultations. In the event of such continuous treatment or the urgent need for it, the organisers shall be informed at the latest at the time of registration.
The academy bios® assumes no liability for the provided learning materials.
11 Customer or subscriber data
11.1 Accuracy and completeness of data
The customer is responsible for correct and complete information as well as for the announcement of changes to the address, e-mail address and contact details. Notices from the akademie bios® may be sent to the customer to his e-mail address or address indicated in the booking or registration, as long as an amended address is not announced in writing to the akademie bios®.
All personal data of the participants will be treated confidentially. Detailed information on data protection can be found on our data protection page.
12 Applicable law and place of jurisdiction
12.1 These General Terms and Conditions and all contracts concluded on their basis are exclusively subject to Austrian law to the exclusion of the reference standards of Austrian private international law and the laws on the international purchase of movable goods. Place of performance is Graz. As a place of jurisdiction, the court responsible for the seat of the akademie bios – Dr. Ernestina Mazza OG is agreed locally and objectively.
If the customer is a consumer within the meaning of the KSchG, the jurisdiction of that court in whose jurisdiction is the domicile, habitual residence or place of employment of the customer is deemed to be justified.
12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address are outside the European Union at the time of conclusion of the contract – with the exception of Switzerland and Liechtenstein.
13 Code of Conduct
13.1 The Seller has submitted to the terms and conditions for participation in the eCommerce initiative “Fairness in Trade”, which can be viewed on the Internet under http://www.fairness-im-handel.de/teilnahmebedingungen/.
14 Alternative Dispute Resolution
14.1 The European 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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
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 General Terms and Conditions and all contracts concluded on their basis can only be amended or supplemented in writing.
Should a provision of the GTC be ineffective and/or incomplete, a legally valid provision that is closest to its economic effects shall take place in place of the provision that has become ineffective. Should individual provisions of these General Terms and Conditions not be in accordance with mandatory statutory provisions, this shall not affect the other provisions of these General Terms and Conditions. The invalidity or incompleteness of one provision does not affect the validity of the other provisions.
All rights of reprinting and duplication of event media, data carriers and scripts, individual accompaniment 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 materials may be reproduced, even in part, without their written permission in any form, even for the purposes of teaching design, in particular processed, reproduced, distributed or used for public reproductions. Audio/visual recordings before/after or during the courses or seminars are only permitted with the written permission of the organisers, even in part, and may only be used in the personal context and for the private purpose of repeating the course content, but in no way be commercially exploited or given to the public or third parties free of charge. In any event, a copy of all audio/visual recordings must be made available to the organisers in a digital, appropriate form. All associated rights of use and publication in a local and unlimited manner shall automatically pass to the Organiser upon this handover. This is also done with voluntary course transcripts.
17 Trademark protection
All terms used by the akademie bios® which have been marked with a ® (registered) are registered word or word figurative marks and are subject to trademark law. The use of these trademarks, in particular by graduates for their own professional activities, is only permitted after signing a license agreement that regulates the use of trademarks and constitutes a quality assurance.
18 Final determination
Our activity and products are not a substitute for medical diagnosis, therapy or treatment. We do not treat, diagnose and 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 an accompaniment and supplement to classical-medical or psychotherapeutic treatments or as support for holistic regeneration.