General Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (Maître Philippe & Filles GmbH via the website www.maitrephilippe.de. Unless otherwise agreed, any terms and conditions you use are excluded from incorporation.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body of persons with legal capacity that, when entering into a legal transaction, is acting in the course of its self-employed professional or trade activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms and conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After accessing the "checkout" page and entering your personal details as well as the payment and shipping terms, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort transfer) as your payment method, you will either be guided to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order details will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the details in the order overview again (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you legally accept the offer, thereby concluding the contract.
(4) Your requests for the preparation of an offer are non-binding for you. We make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Conclusion of the Contract for Courses
(1) The subject matter of the contract is the provision of courses.
By listing the respective course offer on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms and conditions specified in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time. After accessing the "checkout" page and entering your personal details as well as the payment terms, the order details will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort transfer) as your payment method, you will either be guided to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, the order details will be displayed to you as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the details in the order overview again (also using the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button you legally accept the offer, thereby concluding the contract.
(3) Your requests for the preparation of an offer are non-binding for you. We make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless another period is specified in the respective offer).
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of the emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 4 Provision of Services for Courses
(1) The courses will be provided in the form described in the respective offers on the agreed dates.
(2) Where the provision of the courses depends on the number of participants, the minimum number of participants is specified in the respective offer.
If the minimum number of participants is not reached, we will inform you at the latest 7 days before the start of the course in text form (e.g. by email) that the booked course will not take place. Any services already provided will be refunded immediately in this case.
(3) If an individual event is canceled due to the short-term absence of the course instructor due to illness or another important reason, any services already provided will be refunded immediately.
For events consisting of several event dates, if a date is canceled due to the short-term absence of the course instructor due to illness or another important reason, the canceled date will be rescheduled for a replacement date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules posted on site. You must follow our instructions or the instructions of the course instructor.
§ 5 Substitute Participant
You can designate a substitute participant at any time before the start of the course. There will be no charge for this rebooking.
§ 6 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
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Sofort transfer: Available in Germany. Your account will be debited immediately after placing the order.
Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal details will be handled by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection provisions.
Further information about Klarna can be found here. The Klarna app can be found here.
§ 7 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been received.
§ 8 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are asked to check the goods for completeness, obvious defects, and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) Where a characteristic of the goods deviates from the objective requirements, the deviation is only deemed agreed if you were informed of it before submitting the declaration of acceptance and the deviation was expressly and separately agreed between the contracting parties.
§ 9 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships established with us, as well as the place of jurisdiction, is our registered office, unless you are not a consumer but a trader, a public law legal entity, or public-law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual residence is unknown at the time of filing the claim. The authority to also bring an action before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
§ 10 Youth Protection
(1) When selling goods subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you declare that you have reached the legally required minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery, who have reached the legally required minimum age, receive the goods.
(3) Where we are obliged by statutory provisions to conduct an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally required minimum age and, in case of doubt, to ask the person receiving the goods to present their identity card for an age check.
(4) Where we indicate in the respective product description that you must have completed your 18th year of life to purchase the goods, beyond the legally required minimum age, paragraphs 1-3 above apply with the proviso that adulthood must be met instead of the legally required minimum age.
II. Customer Information
1. Identity of the Seller
Maître Philippe & Filles GmbH
Emser Str. 42
10719 Berlin
Germany
Telephone: +493088683610
Email: info@maitrephilippe.de
Alternative Dispute Resolution:
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are subject to the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system the contract data can be printed using the browser's print function or saved electronically. Once we receive the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for offers outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Essential Features of the Goods or Services
The essential features of the goods and/or services are set out in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a button marked accordingly on our website or in the respective offer, will be shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. Costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery takes place to an EU member state, but payment was initiated outside the European Union.
5.4. The payment methods available to you are set out under a button marked accordingly on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment obligations arising from the concluded contract are due immediately.
5.6. Unless otherwise agreed, when booking courses, payment must be made on the course date on site before the start of the course; otherwise, there is no entitlement to participate.
6. Delivery Terms
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a button marked accordingly on our website or in the respective offer.
6.2. Where you are a consumer, it is legally regulated that the risk of accidental loss or accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or another person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the IT law specialists of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of cease-and-desist orders. Further information on this can be found at: https://www.haendlerbund.de/
last update: 01.01.2022
