Terms and Conditions
General Terms and Conditions
1.1The following General Terms and Conditions ("GTC") of Feldenkraiszentrum-Chava Shelhav gGmbH apply to all orders or bookings via our online shop or our homepage by consumers and entrepreneurs ("customers").
1.2A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur 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 self-employed professional activity.
1.3Deviating or supplementary general terms and conditions of the customer shall not become part of the contract. Herewith the inclusion of own conditions of the customer is contradicted, unless something else has been expressly agreed.
2nd contractual partner, conclusion of contract
2.1The contract is concluded with Feldenkraiszentrum-Chava Shelhav gGmbH in accordance with the following conditions.
2.2The presentation of goods and services in our online shop or on our homepage www.feldenkraiszentrum.de does not constitute a binding contractual offer, but serve to make a binding offer by the customer. The customer can submit a corresponding offer via the online order form of our online shop. By clicking the button completing the order process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping basket of the online shop, after the selected goods and/or services have been placed in the virtual shopping basket and the customer has gone through the electronic ordering process.
2.3We can accept the customer's offer within 7 days by sending the customer an order confirmation in text form (e.g. by fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the goods ordered by him to the customer, whereby the receipt of the goods by the customer is decisive for goods orders.
2.4If we do not accept the customer's offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the customer is no longer bound to his corresponding declaration of intent. The period for acceptance of the offer begins on the day after dispatch of the offer by the customer.
2.5When submitting an offer via the online order form of our online shop, the text of the contract is stored by us and sent to the customer in text form (e.g. by fax or e-mail) together with these General Terms and Conditions after his order has been sent. Orders are stored with us for 12 months after the customer order.
2.6Before the binding submission of the order via our online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7Orders are usually processed and contacted by e-mail and automated order processing. The customer must therefore ensure that the e-mail address provided by him in the order form is correct, so that the e-mails sent by us can be received at this address.
2.8The contract is concluded exclusively in German.
2.9We strive to keep our pages up to date, complete and correct, but cannot guarantee this. In particular in the event of price or offer errors, we reserve the right to make appropriate changes.
3. Prices and Terms of Payment
3.1The prices of our goods and services are quoted in EURO per piece including VAT. The prices do not include transport, postage, COD or packaging costs as well as no insurance, customs or other additional charges.
3.2In addition to the stated prices, we may charge shipping and packing costs for the delivery. Depending on the shipping method, the shipping costs are calculated depending on size. Weight and number of packages. The current shipping costs can be found in our shipping costs table.
The shipping costs are clearly stated on the product pages, in the shopping basket and on the order page.
3.3The customer has various payment options at his disposal (payment in advance or purchase on account), to which he is advised in our online shop.
3.4If payment for the goods or service is agreed in advance, payment is due immediately after conclusion of the contract.
3.5Payment shall only be deemed to have been made when we or third parties authorized by us can dispose of the amount. In the event of default in payment, we are entitled to charge default interest for consumers in the amount of 5 percentage points and for entrepreneurs in the amount of 9 percentage points above the respective base interest rate of the ECB in accordance with the Discount Transition Act.
3.6Refunds of the purchase price shall, as far as possible, be made by the same payment method as the payment made to us by the customer.
Payment by cash on delivery is excluded from this. In this case, the refund will be made by bank transfer to the customer's bank account.
4. Bookings for Courses, Seminars and Workshops
4.1Bookings and registrations for courses, seminars, workshops and further education events ("courses") offered by us can be made via our homepage or our online shop. Upon acceptance of the booking or registration, we will normally confirm your registration by e-mail or fax within six working days.
Bookings and registrations of the customer are binding. Upon receipt of the confirmation of registration by the customer, the contract for the customer's participation in the course shall be deemed concluded.
The number of participants for courses, seminars and workshops is limited. In case of overbooking the customer will be informed immediately. A contract is not concluded in this case. Course fees already paid will be refunded.
4.2The prices quoted for the courses offered by us are purely course fees and include, unless otherwise stated, participation in the course and, if applicable, the course documents. Accommodation and meals must be provided by the customer himself.
4.3 Cancellation of a Booking by the CustomerCustomers can cancel their booking up to 2 weeks before the course starts. In this case a processing fee of 20.00 EUR will be charged. A free rebooking to another course is only possible by arrangement.
If cancellation is not made in due time, the participation fee valid at the time of booking must be paid in full. This applies per booked course and registered person and regardless of the time of booking. Any cancellation must be made by means of a clear statement (e.g. a letter, fax or e-mail sent by post).
If the customer is prevented from attending the course, a substitute person may be appointed. However, our consent to a substitute person does not constitute consent to the change of debtor. An invoice transfer is not possible.
4.4 Cancellation of a Booking by UsWe reserve the right to cancel a course for organisational reasons or due to force majeure. If the number of participants is too small, a course will be cancelled no later than 21 days before the start of the course. In such cases, we will fully refund any course fees already paid by the customer.
5. Delivery, Shipping, Transfer of Risk
5.1Unless otherwise agreed, goods shall be delivered to the delivery address specified by the customer in the online order form.
5.2If the transport company commissioned by us returns the dispatched goods to us, since delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered.
5.3In principle, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer or a person entitled to receive them. If the customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration in the case of mail order purchase shall pass to a suitable transport person at our place of business upon delivery of the goods.
5.4We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that we are not responsible for the non-delivery and we enter into a specific hedging transaction with the necessary care.
We will 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 his consideration refunded immediately.
Delays in delivery caused by legal or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, we will inform the customer immediately of the beginning and end of these.
The delivery may also be extended by the time until the customer has provided all information and documents necessary for the execution of the order.
5.5Partial deliveries by us are permissible insofar as they are reasonable for the customer.
5.6We may determine the type of dispatch, the dispatch route and the company commissioned with the dispatch at our discretion, unless the customer gives express instructions.
6. Right of WithdrawalConsumers are entitled to the statutory right of revocation as described in the following revocation instructions. Businesses are not granted a voluntary right of withdrawal.
The following information is available: ___________________________________________________________________________________________________________________________________________________________________________
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods (or the last goods, part shipment or unit in the case of a contract for several goods of a single order or the delivery of a goods in several part shipments or units) or, in the case of a service contract, from the day on which the contract was concluded.
To exercise your right of revocation, you must send us (Feldenkraiszentrum-Chava Shelhav gGmbH, Kölner Str. 89-91, 40723 Hilden, GERMANY; E-Mail: firstname.lastname@example.org, Telephone No.: +49 (0)2103/268602; Fax No.: +49 (0)2103 / 268601 by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of their decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of Revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You bear the direct costs of returning the goods.
Please return goods to:
Franz Schneider Str. 6
You only have to pay for any loss in value of the goods if this loss in value is due to an extent with them which is not necessary for checking the quality, properties and functioning of the goods.
If you have requested that the Services commence during the cancellation period, you shall pay a reasonable amount corresponding to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal under this Agreement compared to the total scope of the Services provided for in the Agreement.
Sample Withdrawal Form
If you wish to cancel this contract in accordance with the above cancellation policy, you can fill out this form and send it back to us. However, the use of the form is not mandatory.
Feldenkraiszentrum - Chava Shelhav gGmbH
Kölner Str. 89-91
Fax No.: +49 (0)2103 / 2686 01
I/we (*) hereby revoke the contract concluded by me/us for the purchase of the following goods/provision of the following service:
Ordered on (*)/received on
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable
The following information is available: _______________________________________________________________________________________________________________________________________________________________________________________
7. Reservation of Proprietary Rights
7.1We reserve the property of the delivered goods to consumers until full payment of the purchase price owed.
7.2We reserve ownership of the delivered goods to business customers until all claims from an ongoing business relationship have been settled in their entirety.
7.3If the customer acts as a business, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to us in advance in the amount of the respective invoice value (including value added tax).
This assignment applies irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. Our authority to collect the claims ourselves remains unaffected by this.
However, we will not collect claims as long as the customer meets his payment obligations to us, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
8. Withdrawal in the Event of a Financial LossWe may withdraw from the contract if we become aware of a cessation of payments, the opening of insolvency or judicial composition proceedings, the rejection of insolvency for lack of assets, bill or cheque protests or other concrete indications of deterioration in the financial circumstances of the customer.
9. Liability for Material Defects
9.1Claims arising from liability for material defects shall be governed by the statutory provisions, unless otherwise stated below.
If the subsequent performance has taken place by way of a replacement delivery, the customer is obliged to return the first delivered goods to us within 30 days at our expense. The defective goods must be returned in accordance with the statutory provisions.
We do not assume any guarantee for the stated condition of the goods in the sense of § 443 BGB (German Civil Code). Any guarantees granted by the manufacturer remain unaffected by this and are determined exclusively by the guarantee declaration handed over to the customer with the goods.
Liability for normal wear and tear is excluded.
We accept no liability for defects and damage resulting from unsuitable or improper use, non-observance of instructions for use or incorrect or negligent treatment, unless the customer proves that these circumstances are not the cause of the defect complained of.
9.2If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the customer fails to fulfil the notification obligations stipulated therein, the goods shall be deemed to have been approved.
9.3In the case of liability for material defects, a customer who is a consumer is entitled, at his discretion, to assert a right to rectify the defect or to deliver defect-free goods (subsequent performance). If the chosen type of subsequent performance is associated with disproportionately high costs, the claim is limited to the respective remaining type of subsequent performance. Within the scope of the delivery of defect-free goods, the exchange into higher-value products with comparable characteristics is already now considered accepted by the customer, who is a consumer, as long as this is reasonable for him and us.
Further rights, in particular the cancellation of the purchase contract, can only be asserted after expiry of a reasonable period of time for subsequent performance or the failure of subsequent performance twice.
If the customer acts as a consumer, he is asked to return the delivered goods with obvious transport damage at the delivery address. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
10.1We are liable to the customer from all contractual, contract-like and legal as well as tortious claims for damages and reimbursement of expenses as follows:
We are liable without limitation for intent and gross negligence on any legal grounds, unless otherwise stated below. We are liable for damages resulting from injury to life, body or health resulting from a negligent or intentional breach of duty on our part.
10.2In addition, we shall be liable without limitation in accordance with the statutory provisions for other damages if these are based on a negligent or intentional breach of an essential contractual obligation. This is the case if the breach of duty relates to a duty, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer has relied and could also rely.
The above liability provisions are limited to the foreseeable, typically occurring damage, unless unlimited liability is assumed in accordance with Section 10.1. This includes in particular the violation of main and ancillary performance obligations in the period prior to delivery of the goods.
10.3Any other liability is excluded.
10.4The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.
12. Place of Jurisdiction, Applicable Law, Partial Invalidity
12.1In business dealings with merchants and legal persons under public law, Hilden is agreed as the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and cheques. We are also entitled to sue at the customer's registered office.
12.2German law shall apply exclusively.
12.3If individual provisions of the contract concluded with us or these General Terms and Conditions of Business are invalid, the remaining provisions shall remain valid.
This text is essentially based on a machine translation from German. The original German version is therefore the only authoritative one.