Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

 

Contents
1. Scope and contractual partners
2. Online shop
3. Courses, seminars, events

4. Miscellaneous


1. SCOPE AND CONTRACTING PARTIES

1.1 Preamble

The following general terms and conditions (hereinafter "GTC") apply to orders for goods from the product range of the online shop of www.thomas-andres.com in the version valid at the time of the order, as well as for participation in courses, seminars, Workshops, events, etc. organized and carried out by Andres Empowerment GmbH. 

1.2 Contractual Partners

The customer's contractual partner is Andres Empowerment GmbH (hereinafter referred to as Andres Empowerment), which operates the website www.thomas-andres.com.

1.3 Data

Andres Empowerment processes personal data that is required to process orders and maintain customer relationships. Andres Empowerment does not pass the data on to third parties. 

1.4 Part of the contract

The GTC form an integral part of Andres Empowerment and the contract concluded with the customer. Provisions that deviate from the General Terms and Conditions only become legally binding if they are expressly accepted in writing by Andres Empowerment. Conflicting conditions of the customer are not recognized. 

 

 

2. ONLINE STORE

2.0 Ordering process and contract conclusion
2.0.1 The customer can choose from the product range of goods on the website www.thomas-andres.com and collect them in a so-called shopping basket by clicking on the “Shopping basket” button.

 
2.0.2 By clicking on the "Buy" or "Checkout" button, the customer makes a binding offer to purchase the goods in the shopping cart and has agreed to the validity of these General Terms and Conditions. 

2.0.3 A contract is only concluded when Andres Empowerment declares acceptance, which is sent to the customer by email (order confirmation), but at the latest when the ordered goods are shipped or the pick-up notification is sent. The order confirmation can be omitted, especially for digital products. 

2.0.4 If the ordered goods are not available, Andres Empowerment reserves the right not to accept the customer's offer, so that no contract is concluded. The customer will be informed of this by email. Any payments already made for the ordered goods will be refunded to the customer in this case. 

2.0.5 If only part of the ordered goods is available or if the ordered goods exceed the usual household quantities, Andres Empowerment reserves the right to accept the customer's offer for only part of the goods, so that a contract is only concluded for this part. The customer will be informed of this by email. Any payments already made for the other part of the goods will be refunded to the customer in this case. 

2.0.6 If, after the conclusion of the contract, it turns out that the ordered goods cannot be delivered either in part or in whole as a result of force majeure or for reasons for which Andres Empowerment is not responsible, Andres Empowerment is entitled to withdraw from the contract in whole or in part. The customer will be informed of this by email. Any payments already made for the relevant goods will be refunded to the customer either in full (in the case of a complete withdrawal) or in respect of the goods that cannot be delivered (in the case of a partial withdrawal). The customer cannot assert any further claims. 

2.1 Deliveries
2.1.1 Digital Content cannot be guaranteed to be delivered at the specified time. Andres Empowerment will immediately eliminate disruptions within the scope of what is technically and operationally reasonable.

 
2.1.2 Andres Empowerment is entitled to partial deliveries. Subsequent deliveries are made immediately after the goods arrive. Should Andres Empowerment name delivery or collection times, these are non-binding guidelines. If Andres Empowerment fails to comply with a specified shipping or collection period, the customer is entitled, after a grace period of at least 10 days set by him in writing, to withdraw from the contract with regard to the goods that have not been shipped or are not ready for collection. In this case, any payments already made for the corresponding goods will be refunded to the customer. The customer cannot assert any further claims. 

2.1.3 The risk of the item is transferred to the customer when the goods are handed over to the carrier. In order to safeguard claims against the carrier and/or the insurance company, the customer must check the goods for integrity and completeness upon acceptance of the shipment. In the case of externally recognizable transport damage or differences in quantity, the customer must submit a precise and detailed reservation to the carrier. Transport damage that is not externally recognizable or differences in quantity must be reported to Andres Empowerment immediately, but no later than within five days. The claim against the carrier and/or Andres Empowerment is forfeited if the goods are accepted without reservation (in the case of transport damage or differences in quantity that is externally visible) or after the five-day period has expired (in the case of transport damage or differences in quantity that is not externally visible). Goods whose destination cannot be approached directly by the carrier will be transported to the next possible location (e.g. mountain railway valley station). The customer is obliged to accept the shipment. If a shipment turns out to be undeliverable and the goods are returned to Andres Empowerment by the carrier, Andres Empowerment reserves the right to waive the subsequent fulfillment of the customer's obligations without setting a grace period with regard to the goods that have not been accepted. Andres Empowerment is also entitled to demand compensation for non-fulfillment of the contract. A voluntary right of return of the customer (see Section 6) with regard to the unaccepted goods is excluded. 

 

2.1.4 The goods cannot be delivered directly by collecting them from Andres Empowerment. 

2.2 Price and Payment
2.2.1 All prices in the online shop at www.thomas-andres.com are given in euros and include the statutory value-added tax, if this is owed or would have to be confiscated. 

 

2.2.2 Shipping and any other additional costs (e.g. surcharges according to the selected payment method) are shown separately and charged to the customer additionally. 

 

2.2.3 Andres Empowerment reserves the right and the customer agrees that credit checks and address verifications can be carried out and obtained and customer data can be forwarded to third parties for this purpose. This is based on the information provided by the customer and information from third parties is taken into account. The customer only has the payment options provided at the end of the ordering process. 

 

2.2.4 The agreed price, shipping and any other additional costs (see Section 4.2) are due for payment immediately. With the first delivery or unsuccessful attempt to deliver the goods (see Section 3.2), resp. with the expiry of the payment deadlines for the payment option "purchase on account" (cf. Section 4.5), the customer is in default without a reminder. Expenses and expenses incurred by Andres Empowerment or third parties in connection with the collection of outstanding amounts, in particular reminder fees, interest on arrears and fees for handing over the claim to a collection agency, shall be borne by the customer. The amount of such fees depends on the separate contractual conditions of the respective third-party provider whose services the customer uses. Andres Empowerment also reserves the right, after a grace period of at least 10 days set by it, to waive the subsequent fulfillment of the customer's obligations in whole or in part, to reclaim any goods that have already been delivered in whole or in part and to demand compensation for non-performance of the contract . 

2.2.5 If the customer opts for the "purchase on account" payment option, Andres Empowerment will handle the invoicing and payment collection. Not all products can be ordered via "purchase on account". Certain products can only be purchased in advance, resp. be paid by credit card. 

2.3 Retention of title / copyright

2.3.1 Andres Empowerment retains title to the goods until the purchase price has been paid in full. 

2.3.2 All delivered content may not be distributed or made publicly accessible. In the event of improper use, compensation can be claimed. Andres Empowerment is authorized to sign digital content with invisible watermarks. 

2.4 Voluntary Right of Return

2.4.1 Andres Empowerment grants the customer a voluntary right of return within a period of 14 days from the first delivery or collection of the goods. The right of return is subject to the condition that the goods are undamaged, show no signs of use and are returned in their entirety (including all accessories and other packaging inserts). In the case of a majority of goods that were purchased together at a total price, the voluntary right of return only applies to the totality of these goods. 

 

2.4.1 A right of withdrawal when purchasing audio and video files (in particular mp3, mp4, wav files and all other files) is expressly excluded. Defective goods remain unaffected by this, e.g. when receiving a damaged file. The defect must be proven by the customer in the event of cancellation.

 
2.4.2 In the event of the return of goods that were purchased with the payment option "purchase on account", the refund will be made to the bank or postal account specified by the customer and made out to his name, provided that the customer has already paid the invoice in full has. 

 

 

3. EVENTS, COURSES, SEMINARS

3.0 Operating Conditions
3.0.1 Andres Empowerment reserves the right to cancel an advertised event. In this case, the registered persons will be reimbursed for the event costs already paid or can use them for another Andres Empowerment event. There will be no further compensation. 

3.0.2 The speakers appearing are free to design their presentation and are responsible for the content of the event presentation. Andres Empowerment is entitled to make necessary or appropriate changes to the seminar programs. This applies in particular to the provision of a substitute speaker if a speaker is absent, as well as an associated change in the seminar date and location. If an appointment for the provision of the service by one of the speakers cannot be met due to force majeure, illness, accident or other circumstances for which the speaker is not responsible, or if the landlord of the booked premises cannot make the event location available, Andres Empowerment  entitled to name an alternative date and/or place to the exclusion of any liability for damages. In the case of short-term failures, Andres Empowerment has no obligation to compensate. 

 

3.1.3 The event participant recognizes the copyright of the trainers on the works created by them (training documents, etc.). Reproduction and/or distribution of the aforementioned works by the seminar participant requires the prior written consent of the trainer. 
3.1.4. By booking a seminar, the participant agrees that photos, sound and film recordings should be recorded during the event, that they can be used for the media and for advertising by Andres Empowerment. 

3.2 Performance
3.2.1 The price is per person and event date. This amount includes the event documents, if it was intended to hand over event documents. Andres Empowerment reserves the right to replace announced speakers with others and to make necessary changes to the event program while maintaining the overall character of the event. 

3.3 Course fees / event costs
3.3.1 Participation in the events requires payment of the participation fee. Andres Empowerment must receive payment before the event takes place. We expressly reserve the right to change the price and exchange rate. 

 

3.3.2. A deduction of cash discounts, rebates, etc. from the invoice amount is not permitted. 

 

3.3.3 The customer agrees that the invoice will be sent to his specified email address. 

 

3.3.4 With mutual consent, the seminar fee can be paid in installments as an alternative to the payment method mentioned. Due to the activities, there is a surcharge of 5% on the total amount. 

3.4 Cancellation conditions/insurance
3.4.1 Unless otherwise stated in the event program, the following conditions apply: In the event of cancellation or rebooking later than 30 days before the start of the event, 50% will be charged and later than 20 days before the start of the event, the entire participation fee will be charged. If you do not cancel, the entire participation fee will be charged. Andres Empowerment will accept one replacement participant free of charge. 

 

3.4.2 It is up to the participants to take out any insurance. Andres Empowerment does not provide insurance benefits and cannot be held liable for any damage caused by force majeure such as accident, illness, death, etc. Andres Empowerment recommends taking out cancellation insurance with your insurance company, which will cover any cancellation costs. 

3.4.3 Liability for personal injury and damage to property during the course itself and for supporting events organized by Andres Empowerment, with the exception of damage caused intentionally or through gross negligence, is expressly excluded. 

3.5 Arranging hotel rooms
3.5.1 If Andres Empowerment arranges hotel rooms for the participants at the contractually agreed special conditions (if any) with a hotel or other overnight accommodation. If a room reservation is canceled by the participant, the general cancellation conditions of the respective hotel or hotel apply. the overnight accommodation. Andres Empowerment acts as an intermediary and not as a contractual partner. 

3.6 Participants
3.6.1 The seminars are aimed at “mentally stable” people. The seminar does not constitute medical treatment. If you have psychological problems, you must first ask your doctor or therapist whether it makes sense to take part in the seminar. 

 

3.7 House rules/house rules

3.7.1 The participant recognizes the domiciliary rights, resp. the house rules of the organizer during the event. 

4.0 Other
4.0.1 Should one or more provisions of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions. 

4.0.2 Substantive Swiss law is exclusively applicable. The application of the UN Convention on the International Sale of Goods (CISG) is excluded. 

 

4.0.3 Exclusive place of jurisdiction for lawsuits is the registered office of Andres Empowerment in Schönenberg-Zürich, Switzerland.

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Schönenberg-Zurich, August 5, 2018, Andres Empowerment GmbH