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Conditions

General terms and conditions with customer information

TABLE OF CONTENTS

  1. scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Liability for defects
  7. Redeeming promotional vouchers
  8. Redemption of gift vouchers
  9. Applicable law, place of jurisdiction

1) SCOPE

1.1 These terms and conditions of Essence Tribe Academy GmbH, trading as "Essence Tribe Academy GmbH" (hereinafter "Seller"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") enters into with the seller regarding the information provided by the seller in his online -Shop completes the goods and/or services presented. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.

2.3 The seller can 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 the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects “PayPal Express” as the payment method during the ordering process, he also issues a payment order to his payment service provider by clicking on the button that completes the ordering process. In this case, in deviation from Section 2.3, the seller declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking on the button that completes the ordering process.

2.5 The deadline for accepting 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.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.7 Before bindingly submitting the order via the seller's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

2.8 The German language is available for concluding the contract.

2.9 Order processing and contact take place via email and automated order processing. The customer must ensure that the email address he provided to process the order 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

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) PRICES AND PAYMENT TERMS

4.1 The seller's stated prices include statutory VAT and other price components. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 Various payment options are available to the customer, which are specified in the seller's online shop.

4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

4.4 The credit card payment method requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de). If the customer is allowed to pay by credit card after checking their creditworthiness, the payment will be processed in cooperation with secupay AG, to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of an assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card will be charged immediately after the customer order has been sent in the online shop. Even if the payment method of credit card payment is selected via secupay AG, the provider remains responsible for general customer inquiries, for example regarding goods, delivery times, shipping, returns, complaints, cancellation declarations and mailings or credit notes.

4.5 If you select the payment method "PayPal", payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Use, which can be viewed at https:// www.paypal.com /ch /webapps /mpp /ua /useragreement-full ?locale.x=de_CH . This requires, among other things, that the customer has opened a PayPal account or already has such an account.

5) DELIVERY AND SHIPPING TERMS

5.1 Goods are delivered regularly via shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address provided by the customer with PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping.

5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are dispatched or handed over to the appointed transport person.

5.4 Self-collection is not possible for logistical reasons.

6) LIABILITY FOR DEFECTS

Statutory liability for defects applies.

7) REDEMPTION OF PROMOTIONAL VOUCHERS

7.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

7.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

7.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

7.4 Only one promotional voucher can be redeemed per order.

7.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

7.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

7.7 The balance of a promotional voucher will neither be paid out in cash nor interest.

7.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his contractual right of withdrawal, provided this has been agreed.

7.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

8) REDEMPTION OF GIFT VOUCHERS

8.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

8.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

8.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

8.4 Only one gift voucher can be redeemed per order.

8.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7 The balance of a gift voucher will neither be paid out in cash nor interest.

8.8 The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

9) APPLICABLE LAW, JURISDICTION

9.1 If the customer acts as a consumer, Swiss law applies to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract is the customer's place of residence.

9.2 If the customer acts as an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of residence or place of business.