Terms and Conditions

General terms and conditions with customer information ComfortskateS

Scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for Defects (Warranty)
Redeemment of promotional vouchers
Gift Card Redemption
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These general terms and conditions (hereinafter “GTC”) of Matthias Seliger (hereinafter “seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) has with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.

1.3 Within the meaning of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 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 self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can 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 email), whereby receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing their order.

2.4 If you select a payment method offered by PayPal, the payment will be processed via 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, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the point in time at which the customer clicks on the button that concludes the ordering process.

2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) submitted. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process 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 are usually made via email 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 third parties commissioned to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More information on the right of cancellation can be found in the seller’s cancellation 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 statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money 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 customer will be informed of the payment option(s) in the seller’s online shop.

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

5) Terms of delivery and shipping

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller hands the item over to the forwarding agent, carrier or other person responsible for carrying out the shipment person or institution extradited. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the non-delivery is not the responsibility of the seller and he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.

5.6 Coupons will be provided to Customer as follows:

– by post

6) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stated in the following regulations, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as an entrepreneur,

the seller has the choice of the type of supplementary performance;
In the case of new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, rights and claims due to defects are excluded;
the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.

7.3 The limitations of liability and shortened deadlines set out above do not apply

for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

8) Redeeming promotional vouchers

8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be used in the seller’s online shop and only be redeemed within the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash or interest.

8.8 The campaign voucher will not be refunded if the customer returns the goods that were paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

9) Redeeming Gift Certificates

9.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining gift voucher balances can be redeemed up to the end of the third year following the year of voucher purchase. Remaining credit will be credited to the customer by the expiry date.

9.3 Gift vouchers can only be redeemed prior to the completion of the ordering process. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

9.7 The balance of a gift card will not be paid out in cash or interest.

9.8 The gift card is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.

10) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution under 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 in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

General Terms and Conditions Courses

Scope of application, definitions of terms
Services provided by the organizer
Conclusion of contract
Right of withdrawal for consumers
Prices and terms of payment
Eligibility to Participate, Transfer of Contract
Following the minimum number of participants
Change or cancellation of the event
Educational Material
Liability
Applicable law, place of jurisdiction
Alternative Dispute Resolution

1) Scope, definitions

1.1 These general terms and conditions (hereinafter “GTC”) of Matthias Seliger (hereinafter “organizer”) apply to all contracts for participation in courses / seminars (hereinafter “event”), which a consumer or entrepreneur (hereinafter “customer”) with the organizer regarding the events presented on the organizer’s website. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been 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 their commercial or self-employed professional activity.

2) Services provided by the organizer

2.1 The organizer only offers face-to-face events. The content of the event results from the respective course description on the website of the organizer.

2.2 In the case of face-to-face events, the organizer provides its services exclusively in personal contact with the customer and in rooms selected by him for this purpose. Unless otherwise stated in the organizer’s course description, the customer has no right to choose a specific room to hold the desired event.

2.3 The organizer provides its services through qualified personnel selected by it. The organizer can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the organizer’s course description, the customer has no right to choose a specific person to carry out the desired event.

2.4 The organizer provides its services with the greatest care and to the best of its knowledge and belief. However, the organizer does not owe a specific success. In particular, the organizer does not guarantee that the customer will achieve a specific learning success or that the customer will achieve a specific performance goal. Last but not least, this also depends on the personal commitment and will of the customer, over which the organizer has no influence.

3) Conclusion of contract

3.1 The events described on the organiser’s website do not constitute binding offers on the part of the organiser, but serve to enable the customer to submit a binding offer.

3.2 The customer can submit his offer via the online registration form provided on the website of the organizer. After entering their data in the registration form, the customer submits a legally binding contract offer in relation to the selected event by clicking on the button that concludes the registration process.

3.3 The organizer can 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), whereby the receipt of the confirmation of registration by the customer is decisive, or
by asking the customer to pay after submitting their contract declaration.

If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the organizer does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result 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 end of the acceptance period and the organizer does not accept the customer’s offer no later than 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 If you register via the organizer’s website, the text of the contract will be saved by the organizer after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The organizer does not make the contract text accessible beyond this.

3.5 Before the binding submission of the offer via the organizer’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 additional participants for an event, he undertakes to be responsible for the contractual obligations of all participants he has registered, provided that he makes a corresponding declaration when registering.

4) Right of withdrawal for consumers

In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the organiser’s instructions on withdrawal.

5) Prices and terms of payment

5.1 Unless otherwise stated in the organiser’s offer, the prices quoted are total prices that include statutory sales tax.

5.2 Costs for travel, accommodation and meals for face-to-face events are not included in the price and must be borne by the customer, unless otherwise stated in the organizer’s course description.

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

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

5.5 When paying using a payment method offered by PayPal, the payment is processed via 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, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Eligibility, Transfer of Contract

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

6.2 If a third party enters into the contract between the customer and the organizer, he and the customer are jointly and severally liable to the organizer for the participation price and any additional costs incurred as a result of the third party entering.

7) Falling below the minimum number of participants

7.1 The organizer can determine a minimum number of participants for his courses. If a minimum number of participants is determined, the organizer will expressly point this out in the course description.

7.2 If the minimum number of participants is not reached, the organizer can withdraw from the contract by notifying the customer no later than seven days before the start of the course. The organizer will send the customer his declaration of withdrawal immediately after learning that the number of participants has not been reached, at the latest seven days before the start of the course.

7.3 If the organizer makes use of his right of withdrawal in accordance with the above clause, the customer can request participation in another event of at least equal value if the organizer is able to organize such an event at no additional cost to the customer to offer his offer. The customer must assert his request immediately after receipt of the organizer’s declaration.

7.4 If the customer does not make use of his right in accordance with the above paragraph, the organizer will immediately reimburse the customer for any participation fees that may have already been paid.

8) Change or cancellation of the event

8.1 The organizer reserves the right to change the time, place, course instructor and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organizer. Only insignificant changes in service that become necessary after conclusion of the contract and were not brought about by the organizer in bad faith are reasonable. The organizer will inform the customer in good time in the event of a change in time, place, course leader and/or content of the event.

8.2 In the event of a significant change in service, the customer can withdraw from the contract free of charge or instead request participation in another event of at least equal value, if the organizer is able to offer such an event from its range at no additional cost to the customer to offer.

8.3 The customer must assert the rights in accordance with the above paragraph immediately after the organizer has been informed of the change in service.

8.4 The organizer 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 fees already paid. If the event is cancelled, the organizer will endeavor to find an alternative date.

9) Educational Materials

9.1 The organizer is the owner of all rights of use that are required to hold the event. This also applies with regard to teaching documents that may be provided to the customer in connection with the event.

9.2 The customer may only use the content of the event, including any teaching documents provided, to the extent required by the contractual purpose on which both parties are based. In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible teaching documents without the organizer’s separate permission.

10) Liability

The organizer 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 organizer is fully liable 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 agreed in this regard,
due to mandatory liability such as under the Product Liability Act.

10.2 If the organizer negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.

10.3 Otherwise, liability on the part of the organizer is excluded.

10.4 The above liability regulations also apply with regard to the liability of the organizer for his vicarious agents and legal representatives.

11) Applicable law, place of jurisdiction

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

11.2 If the customer acts as 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 registered office of the organizer. If the customer has his registered office outside of the sovereign territory of the Federal Republic of Germany, the place of business of the organizer is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organizer is always entitled to appeal to the court at the customer’s registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr