T&C – Balance Journey (Magdalena Czuban) – English version

Legal Texts of the Online Shop

Translation from German. In case of any discrepancies, the German version shall prevail.

PART 1: General Terms and Conditions with Customer Information
(Online Shop – Ticket Sales)

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Contractual Right of Cancellation (Cancellations)
  5. Prices and Payment Terms
  6. Delivery and Shipping Conditions
  7. Redemption of Tickets
  8. Minimum Number of Participants
  9. Change of Event
  10. House Rules
  11. Liability for Defects (Warranty)
  12. Applicable Law
  13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Magdalena Czuban, trading as "Magdalena Czuban" (hereinafter the "Seller"), apply to all contracts for the provision of tickets which a consumer or business customer (hereinafter the "Customer") concludes with the Seller in relation to the tickets described by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC govern the sale of tickets for specific events of the Seller, more closely described in the Seller's item description. Additional conditions of the Seller may apply to the conduct of the events, to which the Seller may separately refer.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The item descriptions contained in the Seller's online shop do not constitute a binding offer on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected tickets in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the tickets contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

  • by transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
  • by delivering the ordered tickets to the Customer, whereby receipt of the tickets by the Customer shall be decisive in this respect, or
  • by requesting payment from the Customer after the Customer has submitted the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal-offered payment method selectable during the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing shall be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe Terms of Use, viewable at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When ordering via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible in any other way.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services relating to leisure activities if the contract provides for a specific date or period for performance. Accordingly, the right of withdrawal is also excluded for contracts whose subject matter is the sale of tickets for leisure events tied to a specific date.

4) Contractual Right of Cancellation (Cancellations)

4.1 Irrespective of any statutory right of withdrawal that may exist, the Seller grants the Customer the right to cancel their ticket order for an event of the Seller free of charge in accordance with the following provisions (contractual right of cancellation):

4.2 Any statutory right of withdrawal that may exist for the Customer is not restricted by the right of cancellation regulated above.

The Customer may cancel their ticket order up to 30 days before the start of the event, without giving reasons, by means of a declaration made to the Seller in text form (e.g. e-mail). Receipt of the declaration by the Seller is decisive for compliance with the cancellation period. If the Customer cancels their order in due time, they will be issued, within two weeks of receipt of their declaration, a gift voucher in the amount of the order value, sent to the e-mail address provided at the time of ordering, which can be redeemed in the Seller's online shop.

5) Prices and Payment Terms

5.1 Unless otherwise stated in the Seller's item description, the prices quoted are total prices. No value added tax is charged, as the Seller is exempt from VAT as a small business ("Kleinunternehmer") within the meaning of German tax law.

5.2 The payment method(s) will be communicated to the Customer on the Seller's website.

5.3 If the Customer selects a payment method offered via the payment service "PayPal", payment processing shall be carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Insofar as the Seller also offers, via PayPal, payment methods for which the Seller advances payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible, even in the event of assignment of the claim, for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their transmission, or credit notes.

6) Delivery and Shipping Conditions

Tickets shall be made available to the Customer as follows:

- by e-mail

7) Redemption of Tickets

7.1 The ticket may only be redeemed once and only on the date specified on the ticket at the event venue specified on the ticket.

7.2 The ticket is transferable. If the Seller is also the organiser, it may render performance with discharging effect to the respective holder who redeems the ticket at the event venue. This does not apply if the Seller has knowledge, or is grossly negligently unaware, of the respective holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

8) Minimum Number of Participants

8.1 The Seller may specify a minimum number of participants for its events. If a minimum number of participants is specified, the Seller shall expressly indicate this in the description of the service.

8.2 If the minimum number of participants is not reached, the Seller may withdraw from the contract by declaration to the Customer no later than seven days before the start of the event. The Seller shall send the Customer its declaration of withdrawal without undue delay after becoming aware that the number of participants has not been reached, and no later than seven days before the start of the event. In the event of withdrawal, the Seller shall reimburse the Customer without undue delay for any ticket already paid for.

9) Change of Event

The Seller reserves the right to change the time, place, the person of the course instructor and/or the content of the event, provided that the change is reasonable for the Customer, taking into account the Seller's interests. Only insignificant changes to the service that become necessary after conclusion of the contract and that were not brought about by the Seller contrary to good faith are considered reasonable. In the event of a change to the time, place, the person of the course instructor and/or the content of the event, the Seller shall inform the Customer thereof in good time.

10) House Rules

10.1 The Customer must observe the house rules applicable to the premises provided by the Seller, insofar as such rules have been issued. In this case, the house rules will be brought to the Customer's attention directly in the premises provided by the Seller.

10.2 Furthermore, the Customer must follow the instructions of the Seller's staff during the event.

11) Liability for Defects (Warranty)

If the purchased item is defective, the provisions of statutory liability for defects shall apply.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the law on the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

PART 2: General Terms and Conditions with Customer Information
(Online Shop – General)

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Magdalena Czuban, trading as "Magdalena Czuban" (hereinafter the "Seller"), apply to all contracts for the delivery of goods which a consumer or business customer (hereinafter the "Customer") concludes with the Seller in relation to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of tickets, these GTC apply accordingly, unless expressly regulated otherwise in this respect. These GTC only govern the sale of tickets for specific events, more closely described in the Seller's item description, and not the conduct of these events. Only the statutory provisions governing the relationship between the participant and the organiser, as well as any deviating conditions of the organiser, apply to the conduct of the events. Insofar as the Seller is not also the organiser, the Seller is not liable for the proper conduct of the event, for which only the respective organiser is responsible.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 A business customer within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute a binding offer on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

  • by transmitting to the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer shall be decisive in this respect, or
  • by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive in this respect, or
  • by requesting payment from the Customer after the Customer has submitted the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal-offered payment method selectable during the online ordering process, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, payment processing shall be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe Terms of Use, viewable at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby already declares acceptance of the Customer's offer at the point in time at which the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When ordering via the Seller's online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible in any other way.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

3.3 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services relating to leisure activities if the contract provides for a specific date or period for performance. Accordingly, the right of withdrawal is also excluded for contracts whose subject matter is the sale of tickets for leisure events tied to a specific date.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. No value added tax is charged, as the Seller is exempt from VAT as a small business ("Kleinunternehmer") within the meaning of German tax law. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.

4.2 The payment method(s) will be communicated to the Customer in the Seller's online shop.

4.3 If the Customer selects a payment method offered via the payment service "PayPal", payment processing shall be carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. Insofar as the Seller also offers, via PayPal, payment methods for which the Seller advances payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible, even in the event of assignment of the claim, for general customer enquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and their transmission, or credit notes.

4.4 If the Customer selects a payment method offered via the payment service "Apple Pay", payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. Apple may make use of further payment services for the processing of payments, for which special payment terms may apply, which the Customer may be separately informed of. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.5 If the Customer selects a payment method offered via the payment service "Google Pay", payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to the Customer in the Seller's online shop. Google may make use of further payment services for the processing of payments, for which special payment terms may apply, which the Customer may be separately informed of. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.6 If the Customer selects a payment method offered via the payment service "Stripe", payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online shop. Stripe may make use of further payment services for the processing of payments, for which special payment terms may apply, which the Customer may be separately informed of. Further information on Stripe is available online at https://stripe.com/de.

4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs thereby incurred by the Seller. This does not apply to the costs of delivery if the Customer effectively exercises their right of withdrawal. Regarding the costs of return shipment, in the event of the Customer's effective exercise of the right of withdrawal, the provision made in this regard in the Seller's withdrawal instructions shall apply.

5.3 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold also passes to consumers already upon handover of the item by the Seller to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier, or the other person or institution designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as a business customer, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall, however, only apply if the non-delivery is not the Seller's fault and the Seller has, with due care, concluded a specific congruent covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration already paid will be reimbursed without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Tickets shall be made available to the Customer as follows:

- by e-mail

6) Retention of Title

If the Seller renders advance performance, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided by the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation therefrom, the following shall apply to contracts for the supply of goods:

7.1 If the Customer acts as a business customer,

  • the Seller has the choice of the type of subsequent performance;
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods;
  • for used goods, claims for defects are excluded;
  • the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.

7.2 The above-mentioned limitations of liability and shortening of periods do not apply

  • to the Customer's claims for damages and reimbursement of expenses,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods which have been used, in accordance with their customary manner of use, for a building and have caused its defectiveness,
  • to any obligation that may exist for the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so has no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses, as follows:

8.1 The Seller shall be liable without limitation on any legal grounds

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Customer acts as a consumer domiciled in Germany or as a business customer, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the type of contract, unless it is liable without limitation pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which enables the proper performance of the contract in the first place, and on the observance of which the Customer may regularly rely. In all other respects, the Seller's liability is excluded, unless it is liable without limitation pursuant to the preceding paragraph.

8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the law on the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.