1. General
1.1 These General Terms and Conditions (GTC) contain the conditions exclusively applicable between us, Reality Upgrade B.V., Von Clermontplein 16, 6291 AV Vaals, Netherlands (hereinafter "Seller" or "we") and a consumer or entrepreneur (hereinafter "Customer") for the purchase of the offered goods and services, unless these are modified by written agreements between the parties.
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.2. Changes to these terms and conditions will be communicated to the customer in writing, by fax, or by email. If the customer does not object to this change within four weeks of receiving the notification, the changes are deemed accepted by the customer.
2. Conclusion of contract
2.1. The presentation of the goods and services offered does not constitute a binding offer by the seller. Only the order of a good or service by the customer constitutes a binding offer under § 145 BGB. In the event of acceptance of the purchase offer by the seller, the seller will send an order confirmation to the customer via email.
2.2. After submitting the offer and successfully completing the order, the customer receives an order confirmation via email containing the relevant data. The customer must ensure that the email address they provided is correct.
2.3. During the ordering process, the customer has the opportunity to correct their entries. Before completing the order process, the customer receives a summary of all order details and has the opportunity to review their information.
2.4. The contract is concluded in German.
2.5. The seller will contact the customer via email.
2.6. For digital goods, the seller grants the customer a non-exclusive, unlimited right in terms of time and location to use the provided digital content for private and business purposes. Passing the content on to third parties or reproducing it for third parties is not permitted unless permission has been granted by the seller.
3. Payment terms
3.1. The purchase price is due immediately upon ordering. Payment for the goods is made using the provided payment methods.
3.2. The prices stated at the time of the order apply. The prices mentioned in the price information include statutory VAT.
3.3. The customer may only offset claims of the seller against undisputed, legally established, or ready-for-decision counterclaims.
4. Shipping terms
4.1. Ordered goods are shipped in accordance with the agreements made. Applicable shipping costs are listed in the product description and are shown separately on the invoice.
3.2. The prices stated at the time of the order apply. The prices mentioned in the price information include statutory VAT.
3.3. The customer may only offset claims of the seller against undisputed, legally established, or ready-for-decision counterclaims.
5. Right of Withdrawal
Our retreats are package tours. By law, there is no right of withdrawal for package tours. For other offers, such as the online course or training, the statutory right of withdrawal applies, insofar as it exists. The customer will receive the details in the cancellation policy before booking.
6. Offline Events
If the customer purchases a ticket for an offline event, the following provisions apply:
In the event of compelling organizational or economic reasons for which the organizer is not responsible, the organizer reserves the right to cancel an event. In this case, the organizer will inform the customer immediately and rebook the tickets for a follow-up event. Cancellation costs for which the participant could have taken out insurance (ticket insurance, travel cancellation insurance, etc.) will not be reimbursed under any circumstances.
7. Warranty
If the delivered goods are defective, the customer is entitled, within the framework of statutory provisions, to demand supplementary performance, to withdraw from the contract or terminate the contract, to reduce the purchase price, or to demand damages or reimbursement of wasted expenditure. Defects communicated prior to purchase do not constitute a warranty claim. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
8. Limitation of Liability
8.1. The seller is liable for intent and gross negligence. Furthermore, the seller is liable for the negligent breach of obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance a customer regularly relies. In the latter case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
8.2. The above limitations of liability do not apply to injury to life, body, or health. Liability under the Product Liability Act remains unaffected.
8.3. According to the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.
8.4. The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr. We do not participate in dispute resolution proceedings before a consumer arbitration board.
9. Final Provisions
9.1. Amendments or supplements to these terms and conditions must be made in writing. This also applies to the waiver of this written form requirement.
9.2. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. Mandatory provisions of the state in which a consumer has their habitual residence remain unaffected.
9.3. If a consumer had their domicile or habitual residence in Germany at the time of concluding the contract and has either relocated by the time the action is filed or their place of residence is unknown at that time, the place of jurisdiction for all disputes is the seller's place of business.
If a consumer does not have their domicile or habitual residence in a member state of the European Union, the courts at the seller's place of business shall have exclusive jurisdiction for all disputes.
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.
9.4. Should individual provisions of this contract be invalid or conflict with statutory regulations, the remainder of the contract shall remain unaffected. The invalid provision shall be replaced by the contracting parties by mutual agreement with a legally valid provision that comes closest to the economic intent and purpose of the invalid provision. The above provision applies accordingly in the event of loopholes.