General Terms and Conditions of Business
I General Terms and Conditions (GTC)
§ 1 Validity, definitions of terms
These GTC apply to all purchases from BalanzRock GmbH regardless of whether they are made via the website www.balanzrock.com, a subdomain of one of our business partners, by telephone, in writing or in person. The terms and conditions expressly do not apply to purchases made directly from one of our sales partners or other third parties on their business premises or the business premises of third parties (e.g. trade fairs).
In the following, we will refer to our online shop or shop, as this will be the predominant sales channel.
For events, the General Terms and Conditions for Events also apply. For online courses, webinars and other online training offers, the “Supplementary General Terms and Conditions for Live Events” (see below) also apply.
For online courses, the “Supplementary General Terms and Conditions for Online Courses and Download Products” (see below) also apply.
The following General Terms and Conditions apply to all services between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed (for example in the supplementary GTC for live events or the supplementary GTC for online courses and download products).
“Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
In principle, we address all people with our offers. However, when formulating our offers and documents, we stick to normal spelling in order to keep the reading flow easy and understandable. You are welcome to feel addressed as a woman, man or anyone else at any time and at any point.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of contracts shall apply to orders placed via our online shop at balanzrock.com and its subdomains.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
Selecting the desired goods, digital goods, selected service(s).
Adding the products by clicking on the corresponding button (e.g. “Add to shopping basket”, “Add to shopping bag” or similar)
Checking the details in the shopping basket,
Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Go to order overview” or similar),
Entering/checking the address and contact details, selecting the method of payment, confirming the General Terms and Conditions and the cancellation policy,
If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
Completion of the order by pressing the button “Buy now”. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
In the event of conclusion of the contract, the contract shall be concluded with BalanzRock GmbH, Hauptstraße 5-9; 45219 Essen; Commercial Register: HRB 33398; Register Court: Essen Local Court.
Before the order is placed, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions and the cancellation policy, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online shop the subject matter of the contract is:
The sale of goods. The specific goods offered can be found on our product pages.
The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our article pages.
The provision of services. The specific services offered can be found on our article pages.
(2) If a contract for goods with digital elements or for digital products (digital contents and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the function-maintaining updates and necessary security updates are also the subject matter of the contract.
(3) The essential characteristics of the goods, digital goods and services can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.
(4) For the sale of digital products, the licence agreements that can be viewed on the website as well as the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular on hardware and/or software requirements for the target environment, shall also apply. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is stated as being free of shipping costs. The shipping costs will be clearly indicated to you again on the offers, if applicable in the shopping basket system and on the order overview.
All products offered are ready for immediate dispatch, unless clearly stated otherwise in the product description. The delivery time within Germany is usually 2-5 working days after receipt of payment.
The following delivery area restrictions apply: Delivery is made to the following countries: Germany ______.
§ 5 Updates, Updates, Obligations of the Consumer to Cooperate
If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to provide updates is not effectively excluded by contract, the customer will be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
We are also authorised to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
The period of time during which updates are provided depends on the type of item purchased and is explained in the item description.
Consumers will be informed about the provision of updates as well as about the proper installation of these (by email).
The customer is obliged to install provided updates properly according to the installation instructions.
§ 6 Right of retention, reservation of title
You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
The goods remain our property until the purchase price has been paid in full.
§ 7 Right of revocation
As a consumer you have a right of revocation. This is governed by our cancellation policy.
§ 8 Haftung
Vorbehaltlich der nachfolgenden Ausnahmen ist unsere Haftung für vertragliche Pflichtverletzungen sowie aus unerlaubter Handlung auf Vorsatz oder grobe Fahrlässigkeit beschränkt.
Wir haften bei leichter Fahrlässigkeit im Falle der Verletzung des Lebens, des Körpers, der Gesundheit oder bei Verletzung einer vertragswesentlichen Pflicht unbeschränkt. Wenn wir durch leichte Fahrlässigkeit mit der Leistung in Verzug geraten sind, wenn die Leistung unmöglich geworden ist oder wenn wir eine vertragswesentliche Pflicht verletzt haben, ist die Haftung für darauf zurückzuführende Sach- und Vermögensschäden auf den <strong>vertragstypisch vorhersehbaren Schaden</strong> begrenzt. Eine vertragswesentliche Pflicht ist eine solche, deren Erfüllung die ordnungsgemäße Durchführung des Vertrages überhaupt erst ermöglicht, deren Verletzung die Erreichung des Vertragszwecks gefährdet und auf deren Einhaltung Sie regelmäßig vertrauen dürfen. Dazu gehört insbesondere unsere Pflicht zum Tätigwerden und der Erfüllung der vertraglich geschuldeten Leistung, die in § 3 beschrieben wird.
Unterlässt es der Kunde beim Kauf einer Ware mit digitalen Elementen oder beim Kauf digitaler Produkte (digitale Inhalte und Dienstleistungen), eine Aktualisierung, die ihm bereitgestellt und über deren Verfügbarkeit er informiert worden ist, innerhalb einer angemessenen Frist zu installieren, so haften wir nicht für einen Sachmangel, der allein auf das Fehlen dieser Aktualisierung zurückzuführen ist.
§ 9 Vertragssprache
Als Vertragssprache steht ausschließlich Deutsch zur Verfügung.
§ 10 Warranty
The warranty shall be governed by the statutory provisions.
With respect to entrepreneurs, the warranty period on delivered items is 12 months.
As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 11 Final provisions/dispute resolution
German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favourability principle).
The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
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 is the provider’s registered office.
II Supplementary General Terms and Conditions for Live Events
§1 Scope of application
Various events can be booked via the BalanzRock.com website and its subdomains. All types of events that take place live and at a venue offline fall under the term event – regardless of whether it is a congress, training, seminar, workshop, evening event or something similar. Likewise, all offline bookings of hybrid events (i.e. those offered offline and online) also fall under this section of the GTCs.
The business relationship between the BalanzRock GmbH organiser and the event participant shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of registration. BalanzRock GmbH does not recognise any deviating terms and conditions unless expressly agreed to in writing.
These General Terms and Conditions expressly do NOT apply to bookings of live seminars that we advertise as an affiliate partnership on our site and link to the partner website for booking completion. For the seminars booked there, the GTCs there apply.
The contract is usually concluded with BalanzRock GmbH. In the case of individual seminars, the contractual partner may differ and will then already be named in the booking process. In these cases, BalanzRock only acts as an intermediary. In this case, the client also expressly agrees to the transmission of the data to the actual organiser.
§2 Conclusion of contract and conclusion of the contract
The events listed on the websites represent an invitation to submit an offer to conclude a contract. The offer can be made by telephone or online. The events can be booked online by placing a corresponding ticket variant in the shopping basket and then completing the shopping basket order process. Errors in the entry of data can be corrected at any time even after the conclusion of the contract. You make a binding offer to conclude the contract by clicking the “buy” button. The acceptance of the contract will be sent by email with reference to the course data.
§3 One-off and regular events
Two types of events are offered on our websites: One-off events and recurring events.
One-off events:
Tickets for one-off events cannot be used for other events or products. Free cancellation is only possible within 14 days of purchase and a maximum of 12 months before the start of the event. One-off events can be identified by the fact that a date is selected in the shopping basket directly when the ticket is purchased.
Regular events:
BalanzRock GmbH also offers some seminars at regular intervals. These can also be purchased in packages, e.g. starter packages together with other products. In this case, a voucher is purchased that can be used for all dates in the respective event category. The tickets purchased for this purpose can be redeemed for all dates offered by the organiser within 36 months of purchase. The Organiser undertakes to offer at least 2 dates per year, which must be listed on the website at least 4 weeks in advance. By offering the dates with sufficient capacity, the contract is considered fulfilled on the part of the organiser.
The currently known dates can be viewed on our website and are usually also indicated with the respective package. If necessary, the client must inform himself/herself at BalanzRock about further dates. As a rule, these are also sent out via our newsletter, but for data protection reasons there may also be problems here and active information cannot be guaranteed.
Regular events that have been attended once can be attended again at any time. In this case, the actual attendance is free of charge, however, the conference fee mentioned under §4 event prices may be charged.
It may be necessary to redeem the voucher in advance for individual dates and to make a binding booking for the date. This means that the contract is deemed to have been fulfilled, irrespective of the participant’s actual participation. Under certain circumstances, individual dates may be fully booked. If, contrary to expectations, participation is not possible, it can be repeated at any time free of charge (exception: conference flat rate see §4). In addition, it is possible that the conference fee for the date booked but not attended will still have to be charged if the place can no longer be cancelled with the hotel. However, we will usually find a solution here.
§4 Event prices
The event prices stated for seminars for private individuals are final prices. They include the applicable statutory VAT and other price components. In the case of events for freelancers, self-employed persons and entrepreneurs, an additional flat-rate conference fee per day and person of currently € 80 per person and day including VAT may be charged (for e.g. coffee breaks, water and lunch). Participation is then not possible without payment of the conference flat rate. The contract shall nevertheless be deemed to have been fulfilled by BalanzRocks.
§8 Revocation of the contract
There is no right of revocation in accordance with § 312 g para. 2 no. 9 BGB (German Civil Code). Booked one-off events can be revoked a maximum of 14 days after purchase of the ticket and a maximum of 12 months before the event. The purchase of vouchers for regular events can be revoked a maximum of 14 days after online purchase. Should the voucher be redeemed for an event or part of an event within 14 days of purchase, the participant waives his/her right of revocation.
§9 Changes and cancellation by the organiser
The organiser is entitled to cancel events if the minimum number of participants is not reached or if this becomes necessary for other organisational reasons (e.g. trainer ill and no comparable replacement available). In the case of one-off events, payments already made will be refunded. Any third-party costs will not be reimbursed. In the case of regular events, the contract shall be deemed to have been fulfilled if the conditions stated under §3 are otherwise met.
The organiser shall be entitled to change the venue within a radius of 25 kilometres of the original venue up to two days before the start of the event.
The organiser is entitled to replace a coach designated for an event in exceptional cases (e.g. illness) with a coach other than the one specified in the announcement.
The notification for 1., 2. and 3. will be sent by e-mail if available, otherwise by post.
If more than one trainer is indicated, it is possible that individual parts will only be performed by one of the indicated trainers and that the other trainers will not be present.
§10 Liability and responsibility
The trainings/seminars/workshops contain the aim to enlighten the participants about natural processes and are considered as general information for consciousness-expanding possibilities. The trainings and seminars involve a relatively new approach to health, personal and economic issues and the expected results have not all been researched or scientifically proven. The responsibility for all consequences of human consciousness processes lies solely with the individual. If obstructive physical, emotional, mental or spiritual energies are neutralised and transformed, the personal, health situation, the corresponding charisma and attraction can change positively and consciousness can grow. The organiser is not responsible for possible changes in the current life situation.
The methods used are an application with transformation techniques and not a treatment in the medical sense. No diagnoses are made and no symptoms, health problems or illnesses are treated. In case of illness, a doctor or therapist should be consulted. In any case, it is one’s own responsibility to discuss medical orders with a doctor/therapist.
A written declaration regarding the above points a) to d) must be made before individual events.
Should a participant not comply with the hygiene regulations applicable and communicated on site and should the organiser incur penalties or other costs as a result, the participant shall assume liability for this and shall indemnify the organiser against claims by third parties.
The organiser shall not be liable for any consequential costs incurred by the participant as a result of an official prohibition or prohibition by decree. This also applies if their interpretation cannot be clarified with 100% legal certainty as to whether the event can be held in a practicable manner that meets our quality criteria OR if, due to decisions made at too short notice, the event cannot be held in a commercially viable manner because, for example, there is no time for advertising.
No legal or tax advice: None of our events is or includes legal or tax advice and replaces going to a tax advisor or lawyer.
§11 Other agreements
The organiser reserves the right to make picture, video and sound recordings during the event. These may be made available to all participants of the event. Furthermore, the participant agrees that the images, sound and film recordings made of him/her, provided that he/she is not the focus of the recording (e.g. the trainers are photographed and he/she can be seen in the background or the whole group is sitting together at the meal), may be used free of charge by the organiser or companies associated with him/her for publications on websites and in other publications for advertising, teaching or PR purposes and that these companies are thus entitled to unlimited use, storage and application of the images and recordings in terms of time and place. Photographs in which the participant is the focal point are excluded from use for advertising, teaching or PR purposes, unless an individual agreement is made to this effect. Provided that no major effort is required, the organiser will of course try to comply with individual requests, e.g. for deletion of individual photos.
For the purpose of exchanging photos between the participants, the participant grants the organiser all rights to the temporally and geographically unrestricted and unlimited use, storage and application of the photos and recordings. This also applies to photographs of him or other participants outside the seminar times which are made available to the organiser, by the participant or other participants for exchange with other participants. If possible, the organiser will of course try to comply with individual requests, e.g. for deletion of individual photos.
The participant must comply with the applicable hygiene regulations and ordinances of the respective country/state/canton/district and the organiser (e.g. keep a distance of 1.5 m, wear masks – unless a valid medical certificate can be presented or another legally unobjectionable exceptional reason exists). Should there be any relaxation or strengthening of the regulations between the booking and the event, the respective valid regulation shall apply. In the event of non-compliance, the organiser may exclude the participant from the event. In this case, there is no entitlement to a refund of the participation fee.
Due to current regulations (e.g. because of Corona), the event procedures and contents may be adjusted. If this happens due to current regulations, there is no entitlement to cancellation or refund, provided the basic event objective is not lost in the process.
§12 Storage of the contract text
BalanzRock stores the text of the contract. After you have submitted your registration online, the contract text can no longer be viewed via the site for security reasons. Using the print function of your browser, you have the option of saving the text yourself. You can view the General Terms and Conditions at any time on this page. After completing the order, the order data and the GTC will be sent to you.
§13 Data protection
The participant has taken note of the data storage and use in accordance with the data protection declaration.
§14 Final clause
The law of the Federal Republic of Germany shall apply. Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision. The language of the contract shall be German.
§15 Place of jurisdiction
(only for commercial participants): Essen
Status of the General Contractual Partner Conditions: 11.04.2022