Terms and conditions

Preamble

On the domain “www.iyoga.de” two separate companies are presented:

1. Responsible for sales of goods (yoga props, books and media): iYoga GmbH, Waltherstr. 23, 80337 Munich.
2. For class, workshop, and teacher training fees, as well as supplemental revenues related to studio operations:
   Iyengar-Yoga-Munich.iYoga, Michael Forbes and Margareta Eckl GbR, Waltherstr. 23, 80337 Munich.

The following are the contractual terms and conditions within the scope of purchase or booking contracts made through the platform www.iyoga.de. between one of the two companies (hereinafter designated as 1.: the Merchant (GmbH) or 2. the Studio (GbR))

and:

the users of this platform designated in § 2 of these GTC (hereinafter “Customer” for the Merchant or “Participant” for the Studio).

The following conditions are listed separately for the two companies.

Iyengar-Yoga-München.iYoga, Michael Forbes u. Margareta Eckl GbR – “Studio”

§ 1 Field of application

For the business relationship between the Studio and the participant, the following General Terms and Conditions apply exclusively in the version valid at the time of booking. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The participant can select products from the offer of the Studio (e.g. yoga classes and workshops) and collect them in a so-called shopping cart via the button “add to cart”. By clicking on the button “buy now”, he/she submits a binding request to order the booking in the shopping cart. Furthermore, “buy” or “order” means both the order of goods (via iYoga GmbH), as well as the booking of yoga classes or seminars (via Iyengar-Yoga-München.iYoga, Michael Forbes u. Margareta Eckl GbR). Before submitting the order, the customer can change and view the data at any time.

(2) The Studio then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your booking with iYoga” by e-mail, in which the customer’s booking is listed again and which the customer can print out using the “Print” function. The booking of the participant (1) represents here the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (booking confirmation) represents the acceptance of the offer by the Studio . Orders can contain offers of both companies. iYoga allocates the ordered goods / booked course to the corresponding company. In the respective order confirmation, the content of the order is summarized. In this e-mail or in a separate e-mail, the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection.

(3) The contract shall be concluded in the language: German.

§ 3 Registration, cancellation, payment

(1) The participant must register in good time and in writing by completely filling in and sending the registration form.

(2) Payment must be arranged at the time of registration. We prefer the SEPA base direct debit, which is completely risk-free for the payer and very efficient for us from an administrative point of view, and which is only processed shortly before the start of the course/seminar. Otherwise, one of the other payment options offered must be used to pay the fee in full immediately for courses and the deposit of €30 for workshops. The final payment has to be made 3 weeks before the beginning of the workshop. (see also (4) and (5) below).

(3) An email will be sent confirming receipt of the booking. If the booking cannot be accepted, the participant will be informed immediately. Otherwise, the booking is considered successful without further confirmation.

(4) Cancellation of classes:
An administrative fee of €10 will be charged for changing a booking. In case of cancellation of the course, a percentage of the course fee can be refunded if the cancellation is reported at the latest before the third class. An administration fee of 10 € will be retained.

(5) Withdrawal from workshops:
The full fee must be paid no later than 3 weeks before the start of the workshop. In case of cancellation by the participant up to one week before the start of the seminar, a refund will be made minus a handling fee of 15 € for day seminars, 30 € for weekend and week-long seminars. Later, a refund can only be made if a substitute participant is provided.

(6) Teacher Training: The training is offered in semesters. The participant has to book a certain number of workshops from the list of offered workshops. (Details are regulated on the respective semester registration form.) One always registers for one semester at a time.

The fee for the training is calculated per semester and paid in 1, 2 or 6 installments. It covers the workshops as listed in the current registration form. According to the SEPA regulations, the agreed fees will be collected from the account. The participant has to ensure that the stated bank account exists and has sufficient funds on the agreed dates.

The fee is non-refundable after the first booked workshop. In general, outstanding workshops must be made up by the end of the following semester at the latest. A registration fee will apply to the first semester booking and, if applicable, to subsequent semester bookings unless the completed form is received in the office by the end of the pre-registration period.

§ 4 Participation and making up missed workshops

The course fee is a flat rate for the booked course/workshop, i.e. you pay for your place in the group, not for a specific number of practice sessions or minutes. There is no obligation to attend booked courses or seminars. As a goodwill gesture, missed classes and workshops can be made up under certain circumstances, but this does not result in a legal obligation.

§ 5 VAT exemption

Fees for classes and workshops, if they can be considered as part of the requirements for admission to the Iyengar Yoga teacher training, are exempt from sales tax (VAT) according to § 4 No. 21 a bb UStG. Likewise, the training itself is exempt according to the aforementioned paragraph.

§ 6 Discount, hardship case

Participants with low income will be granted a reduction of up to 10% of the regular course fee upon request.

Special arrangements may be made in cases of hardship.Special arrangements may be made in cases of hardship.

§ 7 Personal responsibility

Die Teilnahme an allen Veranstaltungen erfolgt auf eigene Verantwortung. Wir sind keine Mediziner. Un­ser Unterricht, unsere Beratung oder Empfehlung er­setzt nicht den Rat einer nach deutschem Recht zur Ausübung eines Heilberufes zugelassenen Person. Im Zweifelsfall soll man vor Beginn eines körperlichen Übungsprogramms einen Arzt konsultieren.

§ 8 Remarks on data processing

(1) The Studio collects data from the customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the Customer’s consent, the Studio shall not use the Customer’s data for the purposes of advertising, market or opinion research.

§ 9 Final provisions

(1) Contracts between the Studio and the customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

iYoga GmbH – “Merchant”

§ 1 Field of application

For the business relationship between the Merchant and the customer, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the Merchant expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select products (e.g. yoga props, books and media) from the Merchant’s assortment and collect them in a so-called shopping cart by clicking the button “add to cart”. By clicking the button “buy now”, the user makes a binding request to purchase the goods in the shopping cart. Further, “buy” or “order” means both the ordering of goods, as well as the booking of yoga classes or seminars. Before sending the order, the customer can change and view the data at any time.

(2) The Merchant then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at iYoga Hilfsmittel und Medien” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The order of the customer (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. Orders can contain offers of both companies. iYoga allocates the ordered goods / the booked course to the corresponding company. In the respective order confirmation, the content of the order is summarized. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The contract text will be stored in compliance with data protection.

(3) The contract shall be concluded in the language: German.

§ 3 Delivery, availability of goods, payment

(1) Delivery times stated by us shall be calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this without delay. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.

(3) The following delivery restrictions apply: The supplier only delivers to customers who have their regular residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany and all other EU countries, Switzerland.

(4) The customer may make payment by bank transfer.

(5) Payment of the purchase price shall be due immediately upon conclusion of the contract, at the latest upon delivery. If the due date of payment is determined according to the calendar, the customer shall already be in default by missing the deadline.

§ 4 Retention of title

Until full payment of the purchase price, the delivered goods remain the property of the Merchant .

§ 5 Prices and shipping costs

(1) All prices stated on the website of the Merchant are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer exercises any right of revocation.

§ 6 Warranty for material defects

The Merchant is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to businesses is 12 months.

§ 7 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of material contractual obligations, the Merchant shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply to the legal representatives and agents of the Provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

§ 8 Remarks on data processing

(1) The Merchant collects data from the customer in the course of processing contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the Customer’s consent, the Merchant shall not use the Customer’s data for the purposes of advertising, market or opinion research.

§ 9 Final provisions

(1) Contracts between the Merchant and the customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

(2) If the Customer is a Merchant , a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Merchant’s registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and Section 36 VSBG

The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.