General terms and conditions of business
I General Terms and Conditions (GTC)
1 Validity, definitions of terms
- These terms and conditions apply to all purchases from B&P Concept GmbH regardless of whether they are made via the website bp-concept.de , a subdomain of one of our affiliate 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 in their business premises or the business premises of third parties (e.g. trade fairs).
From now on 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” also apply (see below).
- For online courses, the “Supplementary 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 (e.g. in the supplementary terms and conditions for live events or the supplementary terms and conditions for online courses and download products).
- “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and incur liabilities.
- Basically, our offer is aimed at everyone. However, when formulating our offers and documents, we stick to normal writing to keep the reading flow easy and understandable. You are welcome to feel warmly addressed at any time and in any place, whether you are a woman, a man or anyone else.
2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of the contract apply to orders via our online shop at bp-concept.de 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) When an order is received in our online shop, the following regulations apply:
The customer makes a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods, digital goods, selected service(s)
- Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar)
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete the order by clicking on the "Buy now" button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us at the specified e-mail address within three working days.
- In the event of conclusion of the contract, the contract is concluded with B&P Concept GmbH, Achter de Kark 5, 25709 Kronprinzenkoog; Commercial Register: HRB 17924 PI, Registration Court: Pinneberg District Court.
- Before ordering, the contract data can be printed out using the browser's print function or saved electronically. 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, takes place by email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by prematurely aborting the order process, 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 email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails 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) The subject matter of the contract in our online shop is:
- The sale of goods.
You can find the specific goods on offer on our product pages.
- The sale of digital goods, e.g. software or media downloads.
You can find the specific digital goods offered on our article pages.
- The provision of services.
You can find out about the specific services offered on our article pages.
(2) 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 update is not effectively excluded by contract, the functional updates and necessary security updates are also part 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 stated in the item description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
(4) The sale of digital products is also subject to the license agreements available on the website as well as the restrictions evident from the product description or otherwise arising from the circumstances, in particular regarding hardware and/or software requirements for the target environment. 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 and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes.
- The respective purchase price must be paid before delivery of the product (prepayment), 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, payment claims are due immediately.
- In addition to the prices stated, shipping costs may apply for the delivery of products unless the respective item is marked as free shipping. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
- All products offered are ready for dispatch immediately, 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 takes place to the following countries: Germany ______.
5 Updates, updates, consumer's duty 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 update is not contractually effectively excluded, 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 authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
- The period in which updates are provided depends on the type of item purchased and is explained in the item description.
- Consumers will be informed about the availability of updates and how to properly install them (via email).
- The customer is obliged to install provided updates properly according to the installation instructions.
6 Right of retention, retention of title
- You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
- The goods remain our property until the purchase price has been paid in full.
7 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
8 Liability
- Subject to the following exceptions, our liability for breaches of contractual obligations and tortious acts is limited to intent or gross negligence.
- We are liable without limitation in the event of slight negligence in the event of injury to life, body or health or in the event of a breach of a contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached a contractual obligation, liability for material damage and financial loss resulting from this is limited to the damage typically foreseeable under the contract. A contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and whose compliance you can regularly rely on. This includes in particular our obligation to take action and to fulfil the contractually owed service, which is described in Section 3.
- If, when purchasing a product with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been made available to him and about whose availability he has been informed within a reasonable period of time, we shall not be liable for a material defect that is solely due to the lack of this update.
9 Contract language
The contract language is exclusively German.
10 Warranty
- The warranty is based on the statutory provisions.
- For entrepreneurs, the warranty period for delivered goods is 12 months.
- As a consumer, you are asked to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will of course have no effect on your statutory warranty claims.
11 Final provisions/dispute settlement
- German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle).
- The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do 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 registered office of the provider.
II Supplementary Terms and Conditions for Live Events
1 Scope
Various events can be booked via the Bp-concept.de website and its subdomains. All types of events that take place live and at an offline venue 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 that are offered offline and online) also fall under this section of the terms and conditions.
The following general terms and conditions apply exclusively to the business relationship between the B&P Concept GmbH organizer and the event participant in the version valid at the time of registration. B&P Concept GmbH does not recognize any deviating conditions unless they have been expressly agreed to in writing.
These terms and conditions expressly do NOT apply to bookings of live seminars that we advertise on our website as an affiliate partnership and link to the partner website to complete the booking. The terms and conditions there apply to the seminars booked there.
The contract is usually concluded with B&P Concept GmbH. For individual seminars, the contractual partner may differ and will then be named during the booking process. In these cases, B&P Concept GmbH acts only as an agent. In this case, the customer also expressly agrees to the transmission of data to the actual organizer.
2 Conclusion and formation 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 option in the shopping cart and then completing the shopping cart ordering process. Errors when entering data can be corrected at any time, even after the contract has been concluded. You submit your binding offer to conclude the contract by clicking the "buy" button. The contract is accepted by email with reference to the course details.
3 One-off and regular events
Our websites offer two types of events: one-time and recurring 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 cart when the ticket is purchased.
B&P Concept GmbH also offers a number of seminars at regular intervals. These can also be purchased in packages, e.g. starter packages, together with other products. A voucher is purchased that can be used for all dates in the respective event category. The tickets purchased for this can be redeemed for all dates offered by the organizer within 36 months of purchase. The organizer 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 deemed to have been fulfilled by the organizer.
The currently known dates can be viewed on our website and are usually also stated in the respective package. The customer must inform themselves of further dates from B&P Concept if necessary. These are usually also sent via our newsletter, but for data protection reasons problems can also arise and active information cannot be guaranteed.
Regular events that have been attended once can be attended again at any time. The actual participation is free of charge, but the conference fee stated under §4 Event Prices may be charged.
It may be necessary to redeem the voucher in advance for individual dates and to book the date bindingly. The contract is then deemed to have been fulfilled regardless of whether the participant actually attends. Under certain circumstances, individual dates may also be fully booked. If, contrary to expectations, participation is not possible, the event can be repeated at any time free of charge (exception: conference package, see §4). In addition, the conference package for the date booked but not attended may still have to be charged if the place can no longer be canceled at 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. For events for freelancers, self-employed persons and entrepreneurs, an additional conference fee per day and person of currently €80 per person and day including VAT can be charged (for example for coffee breaks, water and lunch). Participation is then not possible without paying the conference fee. The contract is therefore still deemed to have been fulfilled by B&P Concept GmbH.
5 Cancellation of the contract
There is no right of cancellation according to Section 312 g Paragraph 2 No. 9 of the German Civil Code (BGB). Booked one-off events can be cancelled a maximum of 14 days after purchasing the ticket and a maximum of 12 months before the event. The purchase of vouchers for regular events can be cancelled a maximum of 14 days after online purchase. If the voucher is redeemed for an event or part of an event within 14 days of purchase, the participant waives their right of cancellation.
6 Changes and cancellation by the organizer
- The organizer is entitled to cancel events if the minimum number of participants is not reached or if this becomes necessary for other organizational reasons (e.g. trainer is ill and no comparable replacement is available). For one-off events, payments already made will be refunded. Any third-party costs will not be refunded. For regular events, the contract is deemed to have been fulfilled if the conditions set out in §3 are otherwise met.
- The organizer is entitled to relocate the venue within a radius of 25 kilometers from the original venue up to two days before the start of the event.
- The organizer is entitled to replace a trainer designated for an event in exceptional cases (e.g. illness) with a trainer other than that specified in the advertisement.
- Notification for 1., 2. and 3. will be sent by email if available, otherwise by post.
- If you specify several trainers, it may be that individual parts are only carried out by one of the specified trainers and the other trainers are not present.
7 Liability and Responsibility
- Participation is at your own risk. Any personal use of the teaching material, tools and working methods during and after the event is entirely your own responsibility. The organizer accepts no liability for changes in your personal life or environment.
- The training/seminars/workshops aim to educate participants about natural processes and are considered general information about consciousness-expanding possibilities. The training and seminars include a relatively new approach to health, personal and economic topics, and the expected results have not all been researched or scientifically proven. The responsibility for all consequences of human consciousness processes rests solely with the individual. If hindering physical, emotional, mental or spiritual energies are neutralized and transformed, the personal health situation, the corresponding charisma and attraction can change positively and consciousness can grow. The organizer bears no responsibility 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 the event of illness, a doctor or therapist should be consulted. In any case, it is your own responsibility to discuss medical instructions with a doctor/therapist.
- Before individual events, a written declaration must be made regarding points a) to d) above.
- Should a participant not comply with the hygiene regulations applicable and communicated on site and the organizer incurs penalties or other costs as a result, the participant assumes liability for this and releases the organizer from claims by third parties.
- The organizer is not liable for any subsequent costs incurred by the participant as a result of an official ban or ban by regulation. This also applies if the interpretation cannot be clarified with 100% legal certainty, whether the event can be carried out in a practical manner that meets our quality criteria OR if the event cannot be carried out economically due to decisions made at short notice, for example because there is not enough time for advertising.
-
No legal or tax advice: None of our events is or includes legal or tax advice and is a substitute for consulting a tax advisor or lawyer.
8 Other Agreements
- During the seminar, participants are only permitted to take pictures, video recordings or audio recordings after prior agreement.
- The organizer reserves the right to take photos, videos and sound recordings during the event. These may be made available to all participants of the event. Furthermore, the participant agrees that the photos, sound and film recordings made by him, provided he is not the focus of the recording (e.g. the trainers are photographed and he is seen in the background or the whole group is sitting together eating), can be used free of charge by the organizer or companies associated with it for publication on websites and in other publications for advertising, teaching or PR purposes and that they are therefore entitled to use, save and use the photos and recordings without any time or place restrictions and without any restrictions. Recordings in which the participant is the focus are excluded from use for advertising, teaching or PR purposes unless an individual agreement is made to this effect. Unless it requires a great deal of effort, the organizer will of course try to accommodate individual requests, e.g. to delete individual photos.
- In order to exchange photos between participants, the participant grants the organizer all rights to use, save and exploit the images and recordings without any time or place restrictions. This also applies to recordings of him or other participants outside of the seminar times that are made available to the organizer, the participant or other participants for exchange with other participants. If possible, the organizer will of course try to accommodate individual requests, e.g. to delete individual photos.
- The participant must adhere to the applicable hygiene regulations and ordinances of the respective country/federal state/canton/district and the organizer (e.g. keeping a distance of 1.5 m, wearing masks - unless a valid medical certificate can be presented or another legally acceptable exception exists). If the regulations are relaxed or tightened between booking and the event, the applicable regulation applies. In the event of non-compliance, the organizer can 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. due to Corona), there may be adjustments to the event processes and content. If this happens due to current regulations, there is no right to cancellation or refund, provided that the basic purpose of the event is not lost.
9 Storage of the contract text
B&P Concept saves the contract text. After you have submitted your registration online, the contract text is no longer visible on the site for security reasons. You can use the print function of your browser to save the text yourself. You can view the terms and conditions on this site at any time. After completing the order, the order data and the terms and conditions will be sent to you.
10 Data Protection
The participant has acknowledged the data storage and use in accordance with the privacy policy.
11 Final Provision
The law of the Federal Republic of Germany applies. 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 contract language is German.
12 Place of jurisdiction
(only for commercial participants): Meldorf
III Supplementary Terms and Conditions for Online Courses and Download Products
1 Scope and subject matter of the contract
In addition to or deviating from the terms and conditions for live seminars and in addition to the terms and conditions for physical products, the following applies to online courses: The provider provides access to online courses and download products (e.g. audio files). Depending on the course and product, this can be a login to a course, a download of a complete course or product, a webinar, a video or a continuous email program or a combination of these. These terms and conditions apply to these. These terms and conditions expressly do NOT apply to bookings of online courses and download products that we advertise as an affiliate partnership on our site and link to the partner website to complete the booking. The terms and conditions there apply to the seminars booked there.
2 Contract fulfillment
All online courses and download products are delivered via a website. Websites can have technical problems. The provider tries to resolve these as quickly as possible. However, the problems can also be in the network infrastructure or the customer's access device - the provider cannot guarantee any support for this, as there are actually thousands of possible combinations of operating system versions, browser versions and various plug-ins and programs. The contract is considered fulfilled if access can be achieved with a normal Windows computer with the latest version and the latest Chrome browser or an Apple Mac with the latest operating system and Safari browser using the customer's access data. Any short-term downtime of the site does not affect the fulfillment of the contract.
3 email programs
Various online courses contain regular or irregular emails. These can only be delivered technically and legally if the customer does not object to receiving them. To ensure optimal processes, these emails are delivered by the same email marketing service as the provider's newsletter. If the customer has unsubscribed from the newsletter, no emails are possible. However, when unsubscribing from a newsletter, the customer can decide which lists he would like to be removed from and which he would not. Furthermore, the customer's email inbox provider may reject our emails as spam or move them to the appropriate spam folder. In all cases, the contract is deemed to have been fulfilled by the provider. Any short-term downtime of the site does not affect the fulfillment of the contract.
4 Duration of access
The provider guarantees access to the respective online program for 500 days from purchase. After this time, access is generally not blocked. However, after these 500 days, the provider has the right to discontinue the service at any time without giving reasons and/or to block individual customers.
disclosure to third parties
Passing on or granting access to entire courses (or products) or individual parts to third parties is not permitted. Passing on constitutes a copyright infringement and, apart from the statutory penalties and claims for damages, the customer is in any case obliged to reimburse the provider for any damage incurred (=sales price).
5 No legal or tax advice
None of our programs is or includes legal or tax advice and is a substitute for consulting a tax advisor or lawyer.
6 comments
If the customer writes offensive, defamatory, right-wing extremist, illegal or sexual comments, the provider can block the account at any time. The contract is still considered fulfilled.