T&Cs
Translation into English
(No liability is assumed for the translation. Only the German text is legally binding. The German text can be found here.)
General Terms and Conditions of Ashtanga Yoga Plus (AYP)
Owner: Dr. med. Matthias Schmidt
As of: November 26, 2024
- Scope
These General Terms and Conditions (GTC) apply in accordance with §13 BGB (German Civil Code) to all contracts between Dr. med. Matthias Schmidt (hereinafter referred to as “Owner” or in the first person, e.g., “I” or “my”) and the customers of AYP.
This includes regular courses as well as private lessons or other individual sessions, services for yoga therapy, further education, coaching, systemic constellation work, energy work, general life counseling, digital content (e.g., online courses or downloads), training and continuing education, workshops and other events, as well as the payment of monthly fees or ten-class cards (hereinafter referred to as “Services”).
Deviating regulations require an explicit written agreement.
- Contractual Partner
2.1. The contract is concluded with: Dr. med. Matthias Schmidt, Goethestr. 40, 61462 Königstein (see: ayplus.de/impressum/).
2.2. The transfer of a registration or booking for one or more Services to a person other than the registered person is only possible with my prior consent.
The transfer of login data provided as part of the registration, as well as the content of any online offers, is not permitted without my prior consent.
- Conclusion of Contract
3.1 The presentation of the Services on the website does not constitute a legally binding offer, but rather a non-binding online catalog with an invitation to order. Errors excepted.
3.2 By clicking on “Buy Now” in the last step of the checkout, you submit a binding offer to purchase or book the Service(s) specified in the first step of the checkout.
3.3. A contract between you and me is only concluded when I accept the order and/or booking and the payment has been received by me or in my account. The acceptance of the order or booking takes place by sending a registration confirmation by e-mail.
Please check the SPAM folder of your e-mail inbox regularly.
3.4 Invoices are issued upon request.
3.5 The language valid for the conclusion of the contract is German.
- Correction Notice
During the ordering process (“Checkout”) you will see the desired services in a shopping cart (1st step). There you can change the desired quantity at any time or remove selected services completely. If you have stored services there, you will reach a page by clicking on the “Next” buttons where you can enter your data and then select the payment method. If you want to cancel the order process / registration process completely, you can also simply close your browser window. Otherwise, after clicking the confirmation button “Order with obligation to pay”, your declaration becomes binding in the sense of §3.2 of these GTC.
- Storage of the Contract Text
The contractual provisions with details of the ordered and/or booked Services will be sent to you by e-mail upon acceptance of the contract offer or with the notification thereof.
- Payment
6.1 Payment can be made by bank transfer in advance (receipt of payment in my account before the start of the service), PayPal (or by credit card via PayPal), or in cash on site.
6.2 I reserve the right not to offer individual payment methods and to refer to one or more other payment methods.
6.3 In the case of payment by PayPal, I will debit the invoice amount from your PayPal account immediately after receipt of the order.
6.4 You are only entitled to offsetting if your counterclaims have been legally established by a court of law or are undisputed or have been acknowledged by me in writing.
6.5 You can only exercise a right of retention insofar as the claims result from the same contractual relationship.
- Prices
7.1 The prices stated are final prices including taxes.
7.2 Classic medical treatments that serve the medical care of patients are exempt from VAT. Other services provided by me are currently exempt from VAT in accordance with § 19 para. 3 UStG (German VAT Act).
- Right of Withdrawal
CANCELLATION POLICY
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason, unless exceptions apply (see below). The withdrawal period begins upon conclusion of the contract.
To exercise your right of withdrawal, you must inform me (Dr. med. Matthias Schmidt, Goethestr. 40, 61462 Königstein, Tel.: 0162 1338726, e-mail: mkhschmidt@gmail.com) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post, fax, or e-mail). You can use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, I shall reimburse to you all payments received from you in connection with this contract without undue delay and in any event not later than 14 days from the day on which I am informed about your decision to withdraw from this contract.
For this repayment, I will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such repayment. I may withhold reimbursement until I have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
Exceptions to the Right of Withdrawal
If you register for a service at short notice, the withdrawal period ends with the start of your participation. In the case of a monthly contribution or a ten-class card, I will reimburse the respective monthly contribution or the price of the ten-class card in the event of withdrawal, less any units already used, which will then be charged at the (higher) price of a single lesson.
Digital content (e.g., downloads) is excluded from the right of withdrawal as soon as it has been made available and you have expressly agreed that the right of withdrawal expires with the start of use.
END OF CANCELLATION POLICY
Model Withdrawal Form
(If you want to withdraw from the contract, you can fill out this form and send it to me.)
To
Dr. med. Matthias Schmidt
Goethestr. 40
61462 Königstein
E-mail: mkhschmidt@gmail.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*)
Ordered on ()/received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
- Changes to the Course and Event Offer
9.1 I reserve the right to make changes to dates and times and/or workshop schedules without giving reasons before the start of the event. I also reserve the right to cancel advertised events without replacement. If you are registered, I will inform you of the change or cancellation in writing within a maximum of one week. In the event of such changes to time and place, you have the right to withdraw and will be reimbursed for any fees you have already paid. Further claims due to changes/cancellations are excluded. In particular, any claim without prior registration is excluded.
9.2 The content and daily schedule of a workshop or training course may vary and also deviate from the advertisement. This does not give rise to any claims by the participants against me.
- Cancellation and Rebooking of Events or Individual Appointments
10.1 If you cancel your participation in an event or individual appointment after registration for any reason whatsoever, there is in principle no entitlement to a refund or credit.
10.2 A partial refund is generally not possible if you prematurely terminate your participation in an event.
10.3 If you do not appear for a booked event or an agreed individual appointment – for any reason whatsoever – without having canceled at least 48 hours before the start of the event or 24 hours before the start of the individual appointment by e-mail or WhatsApp or by phone, you have no claims against me, in particular not for reimbursement of the registration fee or the fee.
For regular yoga classes, you should cancel at least one hour before the start of the class if you have previously registered.
10.4 Goodwill arrangements may apply in individual cases, e.g., in case of illness or family emergencies.
- Copyright
11.1 The content of the individual flyers, scripts, courses, workshops, and other events, as well as the Ashtanga Yoga Plus website, is subject to copyright.
11.2 Any unauthorized use, reproduction, or distribution of the content or parts thereof is prohibited.
11.3 Participation in the workshops or courses does not confer any rights of use.
11.4 Copyright infringements will be prosecuted with a warning and a contractual penalty to be determined in each individual case. Further claims for damages are expressly reserved.
- Image, Video and Sound Recordings
Image, video and sound recordings may be made during classes, workshops or other events for advertising, documentation and training purposes. Consent to the making and use of such recordings on my website, for newsletters and on social media is given individually. If you do not wish to be recorded, I will of course comply with your request.
- Personal Responsibility
13.1 Participation in events, courses or workshops as well as staying in the respective premises is at your own risk. It is your responsibility to ensure that you are physically and mentally healthy and suitable for the respective events. Participation does not replace medical treatment or psychotherapy.
13.2 I expressly disclaim any liability for damages in the event of accidents, injuries and/or illnesses of a participant, or liability is expressly limited to intent and gross negligence, as is liability for any auxiliary persons.
13.3 By concluding the contract, you confirm that you are generally fit to exercise and play sports and that you are in a mentally fit state for everyday life.
- Valuables
I advise you not to bring any property or valuables. I assume no liability for any property or valuables brought along.
- Liability
15.1 I am only liable for damages in the event of intent or gross negligence. In the event of slight negligence, I am only liable for breach of essential contractual obligations (so-called cardinal obligations), but limited to the foreseeable damage typical for the contract. Liability for indirect damages, consequential damages or lost profit is excluded, unless otherwise regulated by law.
Liability for damage to health, body or life remains unaffected.
15.2. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. I am therefore not liable for the constant and uninterrupted availability of my online offer.
15.3 You are liable for any damage to the premises and facilities caused by you, as well as for the loss of furnishings or aids used by you.
- House Rules and Right to Issue Instructions
16.1 You are obligated to maintain public order, not to disrupt classes and to follow my instructions.
16.2 No spillable liquids may be taken into the exercise rooms without my consent. The exercise area must be kept clear.
16.3 In the event of disturbances of classes or public order, I reserve the right to issue a house ban after a warning. In the case of serious disturbances, a warning period is not required. A claim for reimbursement is excluded in such cases.
16.4 Should you wish to participate on site under the influence of intoxicants (alcohol, hashish, other drugs), I am entitled to issue you with a house ban without setting a grace period. Smoking is strictly prohibited throughout the building.
- Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr.
I would like to point out in accordance with §36 VSBG (Consumer Dispute Resolution Act) that I am not obliged nor willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
- Jurisdiction / Severability Clause
As far as legally possible, the place of performance and jurisdiction is Königstein im Taunus. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Should one or more provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. In such a case, the parties undertake to agree on a valid provision which comes as close as possible to the economic purpose of the invalid provision.
Please note:
No liability is assumed for this translation. Only the German text is legally binding. It can be found here.
Ashtanga Yoga Plus
Goethestr. 40
D-61462 Königstein
Anrufen
+49 (0) 6174 3240
EIne E-Mail senden
mkhschmidt@gmail.com
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Ashtanga Yoga Plus | Dr. med. Matthias Schmidt | Goethestr. 40 | D-61462 Königstein/Ts. | Tel.: +49 (0) 6174 3240 | E-Mail: mkhschmidt@gmail.com |
Impressum | Datenschutz| AGB