Terms and Conditions
General terms and conditions
Table of contents
§ 1 Scope of application
§ 2 Conclusion of the contract
§ 3 Right of revocation
§ 4 Terms of delivery
§ 5 Prices and terms of payment
§ 6 Term of contract and termination
§ 7 Liability for defects
§ 8 Limitation of liability
§ 9 Changes of the GTC or our services
§ 10 Intellectual property rights
§ 11 Privacy
§ 12 Applicable law and place of jurisdiction
Information on dispute resolution:
§ 1 Scope of application
(1) The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via our website http://www.iaido-online.com between us, the Tenshinkai Dojo Köln, owner: Mr. Luciano Gabriel Morgenstern, Holbeinstr. 6, 50733 Köln, Germany [see imprint] and you as our customer.
(2) These terms and conditions apply exclusively. Deviating conditions of the customer shall not be valid. This also applies if we do not expressly object to their inclusion. Our explicit written consent is required for the validity of such conditions.
(3) The version of the GTC in force at the time of the entering into the contract shall be applicable.
§ 2 Conclusion of the contract
(1) The presentation and advertising of services on our website does not in itself constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (order).
(2) You can submit your offer via the online ordering option provided on our website.
(3) The conclusion of the contract via the online ordering option of our website is carried out in the following steps:
(a) You can select the services offered on our website and place them in the electronic shopping cart. Before sending the order, you can change and view the data at any time. You can correct your entries by using the usual mouse and keyboard functions as well as the “back” function of your Internet browser before completing the order process by clicking the “Buy now” button. You can detect any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the magnification function (“magnifying glass function”) of your Internet browser for this purpose. You can also end the ordering process at any time by closing the window of your Internet browser.
(b) By sending an order via the online ordering option of our website by clicking the aforementioned button, you submit a legally binding order for the services in the shopping cart. However, this order can only be submitted and transmitted if you have previously accepted these terms and conditions by selecting the appropriate checkbox.
(c) We will immediately confirm receipt of your order by e-mail. Your order will be listed again in this e-mail. You can print it out using the “Print” function. This automatic acknowledgement of receipt merely documents that we have received your order; it does not constitute acceptance of your order, unless we expressly declare acceptance at the same time as confirming receipt.
(d) You are committed to the order for the duration of 5 days after submission of the order; your right to revoke your order, if applicable according to § 3, remains unaffected.
(e) The contract is only concluded when we have declared acceptance of your order. This declaration is usually made by means of a separate e-mail (order confirmation). However, we may declare the acceptance of your order earlier by requesting payment or by executing the service you have ordered; in the latter case we will notify you of this.
(4) We will send you the text of the contract by e-mail on a permanent data carrier, for example as an e-mail or hard copy (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.
(5) The text of the contract will be stored by us in compliance with data protection. Apart from the above-mentioned sending, the contract text is accessible to you as follows: You can also access details about your order and the respective contract text at any time in your customer account.
(6) The contract is concluded in English.
(7) If the provision of a service ordered by you is not possible, we will refrain from a declaration of acceptance. In this case a contract will not be concluded. We will inform you immediately and will refund any consideration already received without delay.
(8) If you order services from us for which a certain minimum age is required by law, you declare by placing your order that you have reached this minimum age. In order to comply with the legal regulations for the protection of minors, we check in this context by using an age verification system whether you have reached the respective legally required minimum age. The provision of the service you have ordered is subject to the condition that this verification is successful.
(9) If you have provided your e-mail address as part of the ordering process or in connection with other inquiries, it is your responsibility to ensure that the e-mail address you have provided exists, is correct and that you can receive e-mails from us or from third parties commissioned by us to process your order under this e-mail address. Automatic SPAM filters must be configured or monitored accordingly.
§ 3 Right of revocation
If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e. a natural person who places an order for a purpose that cannot be attributed to your commercial or self-employed professional activity, you have a right of revocation in accordance with the statutory provisions. More detailed information on the right of revocation can be found in our revocation policy.
§ 4 Terms of delivery
Unless otherwise agreed, our services are provided in accordance with our terms of shipping and delivery provided on our website.
§ 5 Prices and terms of payment
(1) All prices quoted on the Internet pages of our website are brutto prices including the legal sales tax (“VAT”), unless otherwise stated.
(2) Any delivery and shipping costs are not included. These are indicated separately on the product page, there with the price quotations.
(3) Before you send the order, the price including VAT and any costs incurred in accordance with paragraph 2 will also be shown on the order form.
(4) Unless otherwise agreed, our services shall be provided in accordance with our terms of payment as provided on our website.
§ 6 Term of contract and termination
(1) If we provide services within the scope of long-term obligations, you will find information on the contract term and termination in the service description of our service. You can also find the respective termination modalities, in particular notice periods, in this description.
(2) In all cases, the right to extraordinary termination for good cause remains unaffected. Good cause is deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.
(3) The text form shall apply to the termination. The notice of termination may therefore be given by fax, e-mail or in writing.
§ 7 Liability for defects
We shall be liable for any defects in the service provided in accordance with the provisions of statutory liability for defects.
§ 8 Limitation of liability
(1) We are liable for intent (“Vorsatz”)and gross negligence (“grobe Fahrlässigkeit”).
(2) Furthermore, we shall be liable for the slight negligent breach (“fahrlässige Verletzung”) of obligations, the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on the observance of which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.
(3) The above exclusions of liability shall not apply in the event of injury to life, body or health. Liability under the Product Liability Act (“Produkthaftungsgesetz”) and the General Data Protection Regulation (“Datenschutz-Grundverordnung”) shall remain unaffected..
§ 9 Changes of the GTC or our services
(1) We reserve the right to change our GTC or our services,
(a) if our GTC or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in jurisdiction or if we have to comply with a court or administrative decision
(b) if technical or procedural changes, which have no significant effect on you, require a change to the GTC or our services,
(c) if we offer new or additional services that need to be included in the GTC and this does not entail any disadvantages for the existing contractual relationship with you, or
(d) if the changes to our GTC or our services are only legally advantageous for you.
(2) You will be notified of changes in writing, by fax or by e-mail. If you do not object to these changes within six (6) weeks after receipt of the notification, the changes are deemed to be accepted by you. You will be informed separately about the right of objection and the legal consequences of silence.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.
§ 10 Intellectual property rights
Images, films, texts and other content published on our website are protected by intellectual property rights, unless otherwise stated in detail. Any use of the pictures, films and texts is not permitted without prior express consent of the owner of the rights.
§ 11 Privacy
You can use the services provided on our website as a registered user. When placing an order, it is therefore necessary to enter your personal data and choose a freely chosen password to log into your customer account. If you have chosen a free trial access, registration alone does not create a contractual obligation to pay for the services we offer. For information on the processing of your data, please read our privacy policy, which you can download from the following link: https://iaido-online.com/privacy.
§ 12 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the provisions of the CISG, if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a state that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
(2) If you as a customer are a merchant (“Kaufmann”), a legal entity under public law (“juristische Person des öffentlichen Rechts”) or a special fund under public law (“öffentlich-rechtliches Sondervermögen”), the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our headquarters in Cologne. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
Information on dispute resolution:
(1) The EU Commission provides an Internet platform for the online settlement of disputes. This platform can be used to settle disputes about contractual obligations arising from online purchase contracts out of court. More detailed information on this can be found on the following linked Internet site: http://ec.europa.eu/consumers/odr.
(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board according to the Consumer Dispute Resolution Act (“VSBG”).
