Terms and Conditions with Customer Information and Terms and Conditions for Seminars & Services
Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Granting of Rights of Use for Digital Content
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Buyin Zheng (hereinafter “Seller”) shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise stipulated in this respect. Digital content within the meaning of these GTC is data created and provided in digital form.
1.3 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise stipulated in this respect. Digital content within the meaning of these GTC is data created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.5 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 constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 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 email), whereby receipt of the order confirmation by the Customer is decisive in this respect, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this respect, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, 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 a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out 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
2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer sends the order. The Seller does not provide any further access to the contract text. If the Customer has created a user account in the Seller’s online shop before sending the order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.
2.6 Before submitting the order in a binding manner 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 detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact generally take place by email and via automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order 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 withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs will be stated 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 credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to money transfers even 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 option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and Shipping Terms
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For 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 to the costs of shipping to the Customer if the Customer effectively exercises their right of withdrawal. With regard to return shipping costs, the provision made in the Seller’s withdrawal policy applies if the Customer effectively exercises the right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution 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 generally passes only upon handover of the goods to the Customer or a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry 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 self-supply. This applies only if the non-delivery is not the Seller’s responsibility and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller 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 without undue delay and the consideration will be refunded without undue delay.
5.5 Collection in person is not possible for logistical reasons.
5.6 Digital content is provided to the Customer as follows:
- via download
- via 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 right, unlimited in terms of territory and time, to use the provided content exclusively for private purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to a transfer of the contractual licence to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights becomes effective only once the Customer has paid the remuneration owed in full. The Seller may provisionally permit use of the contractual content even before this time. No transfer of rights takes place through such provisional permission.
7) Retention of Title
If the Seller makes advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the delivery of goods:
8.1 If the Customer acts as an entrepreneur,
- the Seller may choose the type of subsequent performance;
- in the case of new goods, the limitation period for defect claims is one year from delivery of the goods;
- in the case of used goods, defect claims are excluded;
- the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.
8.2 The liability limitations and shortened limitation periods set out above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
- to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
8.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
8.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods shall be deemed approved.
8.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual defect claims.
9) Liability
The Seller shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including tort claims, as follows:
9.1 The Seller shall be liable without limitation on any legal basis
- in cases of intent or gross negligence,
- in cases 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 breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above clause. 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 fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.
9.3 Otherwise, the Seller’s liability is excluded.
9.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
10) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Terms and Conditions for Seminars & Services
Table of Contents
- Scope, Definitions
- Services of the Organiser
- Conclusion of Contract
- Right of Withdrawal for Consumers
- Prices and Payment Terms
- Eligibility to Participate, Transfer of Contract
- Failure to Reach the Minimum Number of Participants
- Changes to or Cancellation of the Event
- Contractual Right of Withdrawal (Cancellations)
- Teaching Materials
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope, Definitions
1.1 These General Terms and Conditions (hereinafter “GTC”) of Buyin Zheng (hereinafter “Organiser”) shall apply to all contracts for participation in courses/seminars (hereinafter “Event”) that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Organiser regarding 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 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.
1.3 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 of the Organiser
2.1 The Organiser offers both online and in-person events. The content of the event is set out in the respective course description on the Organiser’s website.
2.2 For online events, the Organiser provides its services exclusively in electronic form via online video transmission using appropriate technical means. For this purpose, the Organiser provides the Customer with suitable application software before the start of a video transmission, and may also use the services of third parties for this purpose. To participate in the online video transmission without errors, the Customer’s system must meet certain minimum requirements, which are communicated to the Customer on the Organiser’s website. The Customer is responsible for meeting the system requirements. The Organiser is not liable for technical problems attributable to inadequate system requirements on the Customer’s side.
2.3 For in-person events, the Organiser provides its services exclusively in personal contact with the Customer and in premises selected by the Organiser for this purpose. Unless otherwise stated in the Organiser’s course description, the Customer has no right to choose a specific venue for the desired event.
2.4 The Organiser provides its services through qualified personnel selected by the Organiser. The Organiser may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Organiser’s course description, the Customer has no right to choose a specific person to conduct the desired event.
2.5 The Organiser provides its services with the greatest care and to the best of its knowledge and belief. However, the Organiser does not owe any specific outcome. In particular, the Organiser does not guarantee that the Customer will achieve a specific learning outcome or reach a specific performance goal. This also depends on the Customer’s personal commitment and willingness, over which the Organiser has no influence.
3) Conclusion of Contract
3.1 The events described on the Organiser’s website do not constitute binding offers by the Organiser, but serve to enable the Customer to submit a binding offer.
3.2 The Customer may submit their offer via the online registration form provided on the Organiser’s website. In doing so, after entering their data into the registration form, the Customer submits a legally binding contractual offer regarding the selected event by clicking the button that completes the registration process.
3.3 The Organiser may accept the Customer’s offer within five days,
- by sending the Customer a written registration confirmation or a registration confirmation in text form (fax or email), whereby receipt of the registration confirmation by the Customer is decisive in this respect, or
- by requesting payment from the Customer after the Customer has submitted their contractual declaration.
If several of the aforementioned alternatives apply, 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 Organiser does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent. The same applies if the event selected by the Customer begins before the acceptance period expires and the Organiser 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 In the case of registration via the Organiser’s website, the contract text is stored by the Organiser after the contract is concluded and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer sends the order. The Organiser does not provide any further access to the contract text.
3.5 Before submitting the offer in a binding manner via the Organiser’s online registration form, the Customer can continuously correct their entries using the usual keyboard and mouse functions.
3.6 The German language is available for the conclusion of the contract.
3.7 If the Customer registers additional participants for an event, the Customer undertakes to be responsible for the contractual obligations of all participants registered by them, provided that the Customer submits a corresponding declaration upon registration.
4) Right of Withdrawal for Consumers
- A right of withdrawal for consumers does not exist pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB) for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for performance.
5) Prices and Payment Terms
5.1 Unless otherwise stated in the Organiser’s offer, the prices indicated are total prices that include statutory VAT.
5.2 Costs for travel, accommodation, and meals for in-person events are not included in the price and must be borne by the Customer, unless otherwise stated in the Organiser’s course description.
5.3 The payment options are communicated to the Customer on the Organiser’s website.
5.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5.5 If payment is made using a payment method offered by PayPal, payment processing is carried out 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
6) Eligibility to Participate, Transfer of Contract
6.1 Only the person named in the registration confirmation is eligible to participate. A transfer of the contract to a third party is only possible with the Organiser’s consent.
6.2 If a third party enters into the contract between the Customer and the Organiser, both the third party and the Customer shall be jointly and severally liable to the Organiser for the participation fee and any additional costs that may arise as a result of the third party’s entry.
7) Failure to Reach the Minimum Number of Participants
7.1 The Organiser may set a minimum number of participants for its courses. If a minimum number of participants is set, the Organiser will expressly indicate this in the course description.
7.2 If the minimum number of participants is not reached, the Organiser may withdraw from the contract by declaration to the Customer no later than seven days before the start of the course. The Organiser will send the Customer its declaration of withdrawal without undue delay after becoming aware that the number of participants has not been reached, and no later than seven days before the start of the course.
7.3 If the Organiser exercises its right of withdrawal pursuant to the above clause, the Customer may request participation in another event of at least equal value if the Organiser is able to offer such an event from its programme at no additional cost to the Customer. The Customer must assert their request to the Organiser without undue delay after receipt of the Organiser’s declaration.
7.4 If the Customer does not exercise their right pursuant to the above clause, the Organiser will refund any participation fee already paid to the Customer without undue delay.
8) Changes to or Cancellation of the Event
8.1 The Organiser reserves the right to change the time, location, instructor and/or content of the event, provided that the change is reasonable for the Customer taking into account the Organiser’s interests. Only minor changes in performance are reasonable, which become necessary after conclusion of the contract and were not brought about by the Organiser in bad faith. The Organiser will inform the Customer in good time in the event of a change to the time, location, instructor 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, alternatively, request participation in another event of at least equal value if the Organiser is able to offer such an event from its programme at no additional cost to the Customer.
8.3 The Customer must assert the rights pursuant to the above clause to the Organiser without undue delay after being informed by the Organiser of the change in performance.
8.4 The Organiser is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the instructor, with a full refund of any participation fee already paid. In the event of cancellation, the Organiser will endeavour to arrange an alternative date.
9) Contractual Right of Withdrawal (Cancellations)
Irrespective of any statutory right of withdrawal that may exist, the Organiser grants the Customer the right to cancel their registration for an event of the Organiser free of charge in accordance with the following provisions (contractual right of withdrawal):
9.1 The Customer may cancel their registration up to 30 days before the start of the booked event without stating reasons by submitting a declaration in text form (e.g. email) to the Organiser. Receipt of the declaration by the Organiser is decisive for compliance with the cancellation period. If the Customer cancels their registration in due time, the Organiser will refund any participation fee already paid in full within two weeks of receipt of the Customer’s declaration. For this purpose, the Organiser may use the same means of payment that the Customer used for payment to the Organiser.
9.2 Any statutory right of withdrawal of the Customer that may exist is not restricted by the right of withdrawal regulated above.
10) Teaching Materials
10.1 The Organiser is the holder of all rights of use required to conduct the event. This also applies with regard to teaching materials that may be provided to the Customer in connection with the event.
10.2 The Customer may use the content of the event, including any teaching materials provided, only to the extent required by the contractual purpose on which both parties have based the contract. Without separate permission from the Organiser, the Customer is not entitled, in particular, to record the event or parts thereof or to reproduce, distribute, or make teaching materials publicly accessible.
10.3 For online events, accompanying teaching material (e.g. course documents) is provided to the Customer exclusively in electronic form by email or for download. Unless otherwise agreed, the Customer has no right to receive the teaching material in physical form.
11) Liability
The Organiser shall be liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including tort claims, as follows:
11.1 The Organiser shall be liable without limitation on any legal basis
- in cases of intent or gross negligence,
- in cases 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.
11.2 If the Organiser negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above clause. 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 performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.
11.3 Otherwise, the Organiser’s liability is excluded.
11.4 The above liability provisions also apply with regard to the Organiser’s liability for its vicarious agents and legal representatives.
12) Photo and Video Recordings at Events
If you do not wish to be recorded, please inform us before the event begins by email to info@neijin-qigong.com. Your objection will, of course, be respected.
Further information can be found in our Privacy Policy.
13) Applicable Law
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection afforded is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
14) Alternative Dispute Resolution
The Organiser is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
