GENERAL TERMS AND CONDITIONS
General terms and conditions of business
K-Active Europe GmbH
§ 1 Contracting Party, scope of application
(1) Contractual partner within the scope of the following General Terms and Conditions (hereinafter referred to as "GTC"), which are valid for all contractual relationships, are K-Active Europe GmbH (in the Hereinafter referred to as "K-Active"), Krommenthaler Straße 38, DE 97859 Wiesthal and the customer. Further information on the communication data and the legal representation of K-Active can be found You in the provider identification (imprint).
(2) All deliveries and services, which K-Active provides for customers, take place exclusively on the basis of the following general terms and conditions in their at the time of the order valid version. The current valid version of the GTC can be taken from the internet presence of K-Active under http://agb.k-active.com.
(3) These GTC are applicable in business transactions with consumers as well as with entrepreneurs. Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 BGB).
(4) These general terms and conditions apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and insofar as K-Active is informed of them by a representative authorized to manage the company (managing director, authorized signatory or authorized agent) has expressly agreed to its validity. This requirement of consent applies in every Case, for example, even if K-Active carries out the delivery to the customer without reservation in knowledge of the general terms and conditions of the customer. All communication between K-Active and the customer takes place in German or English, depending on where the customer is located. Correspondence and correspondence with the customer (e.g. the sending of order confirmations and invoices) shall be made exclusively electronically by e-mail.
(5) Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. For the content of such individual agreements a written contract or the written confirmation of K-Active is authoritative.
(6) References to the validity of statutory provisions have only clarifying significance. Even without such a clarification, the statutory provisions shall therefore apply, insofar as they are contained in these GTC not be directly amended or expressly excluded.
§ 2 Conclusion of contract, special features when ordering via the OnlineShop
(1) The offers of K-Active on its Internet pages represent a non-binding invitation to the customer to order goods from K-Active. A legally binding offer for conclusion of a sales contract with the customer is not associated with this. The same applies to price lists which K-Active attaches to its offers outside the online shop by fax or e-mail.
(2) By ordering the desired goods, by written order via order form or other fax order (provided that these contain all necessary information) or via OnlineShop, the customer first submits a binding offer to conclude a purchase contract. Telephone orders cannot be accepted for organisational reasons. The Offer is binding for the customer at the latest when it has passed the respective interface to K-Active. By sending the order to K-Active, the customer assures, without limitation to be legally competent. K-Active is not obliged to accept the offer of the customer. The confirmation of the receipt of the order of the customer does not constitute acceptance of the offer of the customer dar.
(3) For orders via the OnlineShop, the following special features apply, in particular to the order process (technical steps leading to the conclusion of a contract), at the time of Contract conclusion, the language of the contract and the customer's possibilities to correct order details during the ordering process:
a. The customer can use the OnlineShop of K-Active and order goods by first registering and creating a customer account. Afterwards he can order by giving his name and address, Invoice and delivery address as well as e-mail address, date of birth and telephone number in accordance with the following provisions of this paragraph order goods.
b. The customer can select goods from the product range of K-Active and by clicking on the respective goods and pressing the button "Add to cart" in a virtual shopping cart collect. This is displayed in the OnlineShop of K-Active at any time on the right side of the browser. To delete goods in the shopping cart, the customer must either click on the Minus symbol next to the price of the goods or click on the X symbol. To increase the quantity of the goods, he must click on the plus symbol. For the final order of the goods collected in the shopping cart Products, the customer must finally go through the following technical steps in the online shop:
- Click on the button "Checkout" in the displayed shopping cart
- Indication of the billing address (confirmation with click on "Next")
- Specification of the delivery address (confirmation by clicking on "Next")
- Specification of the shipping method (selection and confirmation by clicking on "Next")
- Confirmation of the general terms and conditions and the right of withdrawal for consumers (tick the checkbox and click on "Next")
- Check and if necessary correct the given order data on the overview page "Your order at a glance", previous order steps are linked at the top and can be be called up for corrections
- Conclusion of the order by clicking on the button "Order subject to payment
c. Quick purchase: As an alternative to the normal order process in the OnlineShop, the customer can choose the option "Quick purchase". For this purpose, the customer can use his customer account to select the desired Define order specifications (billing address, delivery address, payment method and shipping method) in advance and immediately reach the order overview page with one click. Also with this option is, to make corrections, it is possible to jump back to checkout steps linked at the top of the page at any time.
d. The contract text is not stored by K-Active and can not be retrieved after completion of the order process. The customer can, however, immediately before sending the order data of the order form using the functions of his browser and receives an e-mail after the order, in which his order is listed again.
e. K-Active sends an automated confirmation of receipt to the e-mail address of the customer after the order has been placed by the customer, which confirms the receipt of the order by K-Active and in which the customer's order is listed again. At the end of the confirmation mail the customer is informed and advised of his right of withdrawal. The confirmation of receipt does not represent a Acceptance of the customer's application to conclude a purchase contract; the purchase contract is therefore not concluded with the confirmation of receipt. Furthermore, the confirmation of receipt does not constitute a confirmation the availability of the ordered goods. For the conclusion of the sales contract § 2 paragraph 5 applies.
(4) Should the order confirmation or any other legally binding declaration of K-Active contain typing or printing errors or should the price determination be based on transmission errors k-Active is entitled to contest the declaration due to error, whereby K-Active bears the burden of proof regarding the error. In this case, any payments received will be immediately reimbursed.
(5) K-Active is entitled to accept the purchase offer of the customer by sending an order confirmation (not via the Online Shop when ordering) or sending an invoice. With this Declaration of acceptance by K-Active a sales contract with the customer for the ordered goods is concluded. The confirmation of the order or the sending of the invoice is done by sending an e-mail. If the order is dependent on proof of a particular professional qualification and such proof is not provided within a period of seven days, K-Active is entitled to Cancel the customer's order.
(6) With the conclusion of the contract, the customer also agrees to the transmission of forms such as invoices via e-mail. Towards consumers this applies only if K-Active is entitled to this legal consequence separately, e.g. in the OnlineShop or in individual communication with the customer. In exceptional cases, a print version can also be sent. K-Active reserves the Reserves the right to charge a processing fee in accordance with the currently valid price and service list.
(7) For the ordering process via the OnlineShop or via another means of communication mentioned in § 2 paragraph 2 and the conclusion of the contract, the language available is German.
§ 3 Prices
(1) All prices quoted are inclusive of the statutory value-added tax applicable at the time of the order, excluding costs of packaging and shipping at the time of the order.
(2) All prices stated, including those for packaging and shipping, are only valid within Germany, Austria, the Netherlands and Denmark and only at the time of ordering. With updating of the Internet pages of K-Active all previous prices and other information about goods are invalid. In each case the version valid at the time of the order is authoritative.
(3) For packaging and shipping (shipping costs) of the delivery/s within Germany, Austria, the Netherlands and Denmark the costs are charged separately. The amount of the packaging and Shipping/logistics costs are summarized in the section Shipping Terms. Currently, shipping is only possible within Germany, Austria, the Netherlands and Denmark.
(4) Separate administration and handling fees will be charged in addition for cash on delivery orders. Further information on the amount of the fees can be found individually listed in the Terms of payment. These are attached to the AGB for fax orders outside the online shop.
(5) Special prices are granted for "medical personnel" (doctors, physiotherapists, alternative practitioners, osteopaths and other professions active in the medical field) on presentation of proof. In this In the case of the latter, the information is given plus value added tax. The same applies to wholesalers/dealers outside Germany, Austria, the Netherlands and Denmark.
§ 4 Terms of payment
(1) Payments can be made by bank transfer in advance (prepayment), SEPA direct debit or cash on delivery. In the OnlineShop, Sofortüberweisung and PayPal are also available. K-Active keeps reserves the right to exclude certain payment terms.
(2) If an order with payment terms "bank transfer in advance" has been agreed and payment has not been made within seven days, the right to cancel the order is reserved
K-Active reserves the right to cancel the order.
(3) The payment amount shown on the invoice is payable in full (without deduction) and in full to K-Active, irrespective of the method of payment. Deductions from Transaction fees and the like, which arise for example in case of settlement by international banks, are not accepted by K-Active.
(4) In the event of default of payment, K-Active is entitled to charge interest on the purchase price at the statutory default interest rate applicable at the time (cf. § 288 BGB). K-Active reserves the right to assert of further damage caused by delay. In relation to merchants within the meaning of the German Commercial Code (HGB), the claim to the commercial due date interest (§ 353 HGB) remains unaffected. Further You will find information on this topic under the heading Terms of Payment. For online and fax orders, the terms of payment are attached to these terms and conditions.
§ 5 Right of withdrawal
Customers who are consumers within the meaning of § 13 BGB are granted a 14-day right of revocation in accordance with the following provisions.
(1) Right of revocation
The customer has the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which the customer or a customer named third party, other than the carrier, has taken possession of the last goods.
In order to exercise his right of withdrawal, the customer must notify K-Active (K-Active Europe GmbH, Frohnradstraße 2, 63768 Hösbach, phone: +49 (0) 6021/62998 100, fax: +49 (0) 6021/62998 999, E-Mail: [email protected]) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about his decision to revoke this contract. He may to do so, use the model revocation form attached to the revocation instruction, which is not mandatory.
In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the end of the revocation period.
Klarnas payment options
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options The payment is always made to Klarna:
- Invoice: The term of payment is 14 days from dispatch of the goods. The invoice conditions can be found here for Germany and here for Austria.
- Instalment purchase: With Klarna's financing service you can flexibly finance your purchase in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the otherwise in the conditions specified in the cash register. Payment in instalments is due at the end of each month after Klarna has sent a monthly invoice. More information about buying in instalments including the General Terms and Conditions and the European Standard Information for Consumer Credit can be found here for Germany and here for Austria.
- Instant bank transfer: Your account will be debited immediately after the order is placed.
(2) Consequences of withdrawal
If the Customer revokes this agreement, K-Active shall pay all payments received by K-Active from the Customer, including the delivery costs (with the exception of the additional costs resulting from this) that the Customer has chosen a different type of delivery than the cheapest standard delivery offered by K-Active), immediately and at the latest within fourteen days from the day of the delivery on the date on which K-Active received the notification of the revocation of this contract by the customer. For this repayment, K-Active uses the same means of payment as the The original transaction, unless expressly agreed otherwise with the Customer; in no case will the Customer be charged for this repayment calculated. K-Active may refuse repayment until K-Active has received the goods back or until the Customer has provided proof that he has returned the goods, as the case may be, which is the earlier time.
The Customer must return the goods to K-Active without delay and in any case within fourteen days at the latest from the day on which it informs K-Active of the revocation of this agreement or to hand over. The deadline is deemed to have been met if the customer dispatches the goods before the end of the fourteen-day period. The customer shall bear the direct costs of returning the goods.
The customer shall only be liable for any loss in value of the goods if this loss in value is due to a Handling of them.
§ 6 Terms of delivery
(1) The delivery is carried out by shipment from stock to the delivery address provided by the customer within Germany, Austria, the Netherlands and Denmark.
(2) If the customer chooses bank transfer in advance, the goods will be reserved for the customer upon acceptance of the contract, but will only be dispatched after receipt of the amount of money on the account of K-Active. The Customer is therefore asked to take this into account when placing an order and to bring the agreed advance payment in time for instruction.
(3) Insofar as the Customer chooses bank transfer in advance and the amount of money is not credited to the account of K-Active within seven working days, K-Active may withdraw from the contract. Insofar as K-Active adheres to the contract, the delivery periods specified at the time of the order no longer apply. Rather, the originally specified delivery date shall be replaced by the delivery date, which is shown in the Online Shop for the product at the time of receipt of money by K-Active.
(4) The availability of the goods results from the electronic catalogue or the respective offer in the Online Shop of K-Active. The delivery time is, if not otherwise specified in the order process or the respective offer, 4-6 working days.
(5) Each delivery is subject to the proviso that K-Active itself is supplied on time and properly; insofar the following applies: The deliveries are always made while stocks last. If a product ordered by the Customer is, contrary to expectations and despite timely disposition, not available for reasons for which K-Active is not responsible, K-Active shall notify the Customer instead of the offer a product which is equivalent in quality and price to the product ordered and which the latter is not obliged to accept or withdraw from the contract. Here K-Active will offer the customer immediately about the non-availability and, in the event of withdrawal, immediately refund any payments already made to the customer.
(6) The delivery is made against a flat rate for shipping and possibly packaging costs (see § 3 paragraph 2), the exact amount of which is indicated separately for each delivery.
(7) In the case of a purchase of consumer goods, the risk of accidental loss or accidental deterioration shall be borne by the customer until the goods are handed over to the customer by Dispatch commissioned transport person K-Active. Otherwise, delivery and dispatch are always at the risk and expense of the customer.
(8) In addition, the dispatch and delivery conditions apply. These are attached to the AGB for fax orders outside the online shop.
§ 7 Transport damage
If products and goods with obvious transport damages are delivered, the customer is asked to complain about this immediately to the supplier and to contact K-Active. The statutory warranty claims of the customer remain unaffected.
The contact is to be directed to: [email protected]
§ 8 Retention of title
(1) The ordered goods remain the property of K-Active until full payment has been received. This applies equally to transactions with consumers and entrepreneurs.
(2) In the current business relationship with the customer, who is a merchant in the sense of the German Commercial Code, K-Active reserves the right of ownership of the ordered goods in deviation from § 8 para. 1 until complete payment of all present and future claims of K-Active from the sales contract and from the current business relationship with the customer (current account reservation).
In this case, the goods subject to retention of title may neither be pledged to third parties nor used as security for the payment of the secured claims be transferred. The Customer shall notify K-Active immediately in writing if and to the extent that third parties access the goods belonging to K-Active.
(3) Unless otherwise agreed with the Customer, prior to the transfer of ownership, a resale, leasing, pledging, transfer by way of security, processing, other disposal or Conversion by the customer without the express consent of K-Active not permitted.
§ 9 Warranty
(1) The claims of the Customer against K-Active in the event of defects are based on the statutory provisions within the statutory periods (§§ 434 et seq. BGB), insofar as the Customer is not affected by the following Regulations result in deviations. The legal warranty period is two years, unless K-Active has fraudulently concealed a defect of the goods or has given a guarantee of quality for the goods.
(2) In the event of the assertion of a claim for defects against K-Active, the Customer has a right to subsequent performance, i.e. elimination of the defect or delivery of a defect-free item. The other rights of the customer from § 437 BGB remain unaffected. K-Active may refuse the type of subsequent performance chosen by the customer without prejudice to § 275 para. 2 and 3 BGB if it is only is possible at disproportionate cost. In particular, the value of the item in defect-free condition, the significance of the defect and the question of whether the other type of Subsequent performance could be resorted to without significant disadvantages for the customer. In this case, the customer's claim is limited to the other type of subsequent performance; the right of K-Active to refuse also this under the conditions of sentence 3 of this paragraph remains unaffected.
(3) Insofar as the purchaser is not a consumer but a business, K-Active is entitled to the right to choose between remedying the defect or subsequent delivery of a defect-free item in accordance with Section 9 paragraph 2.
(4) If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), the customer will inspect the purchased goods immediately after delivery (§ 377 HGB). This applies in particular with regard to the Completeness of the goods and the respective functionality. Defects which are detected or can be detected without further ado must be reported to K-Active immediately. A detailed description of the defect must be enclosed. If the Customer fails to notify K-Active, the goods shall be deemed to be approved, unless the defect is was not recognizable.
(5) K-Active must be notified of defects in the goods which are not detectable in the course of the proper inspection in accordance with § 9 paragraph 4 immediately after their discovery if the Customer Is a merchant within the meaning of the German Commercial Code; otherwise the goods shall be deemed to have been approved even in view of this defect.
(6) Damage caused by improper or contrary to contract measures of the customer, during installation, connection, operation or storage, does not justify a claim against K-Active. The improperness and lack of conformity with the contract is determined in particular according to the information provided by the manufacturer in a user manual or operating instructions provided to the Customer for the ordered goods.
(7) In the case of the purchase of a used item, the claims of the customer in the case of defects shall become statute-barred after one year from receipt of the goods, unless it is a matter of claims for which the liability cannot be excluded under Section 11.
(8) If the customer is an entrepreneur and the ordered service is provided for his business, his claims for defects shall become statute-barred one year after receipt of the goods, unless are claims for which the liability according to § 11 cannot be excluded.
§ 10 Software products
(1) With the purchase of a software product, the customer acquires a data carrier (CD-ROM, floppy disk, USB stick, etc.), the associated documentation - if this is available from the respective manufacturer and a license to use this software product according to the license terms of the respective manufacturer.
(2) The customer accepts these license terms with the first use of the software package. The software products remain the intellectual property of the licensor. All of K-Active in the Online Shop or the Internet pages, brand names and logos belong to the manufacturers of the offered goods. With the utilization of delivered goods, property rights are to be respect the rights of third parties.
(3) In addition, the license terms of the respective software manufacturer regarding claims due to defects shall apply.
(4) It is the customer's responsibility to adequately protect himself against data loss. Since the new installation of software, but also the modification of the installed software, carries the risk of data loss with the customer is obliged to take precautions against data loss by means of comprehensive data backup before new installation or modification of the installed software.
§ 11 Liability
(1) The following exclusions and limitations of liability shall apply to any liability of K-Active for damages, notwithstanding the other statutory conditions for claims.
(2) K-Active is liable without limitation in the event of intent or gross negligence. In the case of simple negligence, K-Active is only liable in the event of a breach of an essential contractual obligation, the fulfilment of which is proper performance of the contract in the first place and on whose compliance the customer may regularly rely (cardinal obligation).
(3) Insofar as K-Active is liable for simple negligence in accordance with the above paragraph, the liability is limited to the damage with the occurrence of which K-Active is liable according to the Circumstances typically had to calculate.
(4) These exclusions and limitations of liability do not apply if K-Active has assumed a guarantee for the quality of the goods or has fraudulently concealed the defect of the goods. Furthermore, K-Active is liable without limitation for damages which are to be compensated under the Product Liability Act and for damages to life, body and health.
(5) These exclusions and limitations of liability shall also apply in favour of the employees and vicarious agents of K-Active and in favour of other third parties, whose liability K-Active has agreed to accept Performance of the contract.
(6) The legal regulations, which subject K-Active to liability without fault due to certain actions or omissions, are not affected by the above exclusions of liability and -limits are not affected.
§ 12 Prohibition of offsetting
(1) The Customer is not entitled to set off his own claims against payment claims of K-Active, unless the claims of the Customer are undisputed or legally valid has been determined.
(2) The Customer is not entitled to hold back payment claims of K-Active rights of retention - also for notices of defect - unless they result from the same Contractual relationship.
§ 13 Data protection
Data processing is carried out in accordance with the applicable Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). In all other respects, reference is made to the information of the data protection declaration of K-Active (http://datenschutz.k-active.com). In all questions and matters concerning the topic "data protection" K-Active is at your disposal under [email protected]
§ 14 Severability clause, place of jurisdiction
(1) Should one or more provisions of these GTC be invalid, this shall not result in the invalidity of the entire contract. If the contracting parties are entrepreneurs, they are obliged in such a case, the parties agree to replace the invalid provision by a provision which comes closest to the invalid provision in terms of its economic sense and purpose.
(2) If the customer is a merchant, legal entity under public law or special fund under public law, Würzburg shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship directly or indirectly resulting disputes. The same applies if a customer does not have a general place of jurisdiction in Germany, if a customer changes his residence or has transferred his habitual residence abroad or his domicile or usual place of residence is unknown at the time of the filing of the action.
§ 15 Applicable law
German law applies exclusively to the conclusion and execution of all contracts, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of the state in which the consumer has his habitual residence.
Status: 13.06.2014 V6
GENERAL TERMS AND CONDITIONS for K-Active courses (Status: August 21, 2018 V6)
§ 1 Scope of application, conclusion of the contract
(1)These General Terms and Conditions regulate the contractual relationship between K-Active Europe GmbH, Frohnradstraße 2, DE 63768 Hösbach (hereinafter referred to as "K-Active") and the Participant of the courses organized by K-Active. For course offers of foreign organizers their general terms and conditions apply if necessary. Courses of foreign organizers are can also be booked through K-Active, but K-Active is not the contractual partner for the organisation of these courses, but merely arranges the course registration with the respective third-party organiser. The participant can find further information in the description of the respective course offer.
(2)These General Terms and Conditions shall apply to both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction with Purposes, which can predominantly be attributed neither to their commercial nor their self-employed professional activity (§ 13 BGB). An entrepreneur is any natural or legal person who Person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
(3)These general terms and conditions apply exclusively. Conditions of the participant which differ from or contradict these General Terms and Conditions are only valid if K-Active expressly declares its agreement with these conditions. Within the framework of an existing business relationship with the participant, the Is an entrepreneur, these General Terms and Conditions shall apply even if no reference is made to them in an individual transaction.
(4) The contract is concluded with course registration and separate acceptance by K-Active. A participation in a K-Active course without registration is not possible!
(5) After conclusion of the contract the participant is obliged to pay the course fee (including any material costs).
§ 2 Registration
(1) Registration for a K-Active course can be made in writing with the registration form (by post, e-mail or fax), via the online registration portal at https://www.k-active.com/kurskalender or via a training partner licensed on the homepage. Other registrations are not possible. Registrations will be considered in the order in which they are received. To the To meet the registration deadline by means of a written submission, it is sufficient to send the registration form within the deadline (date of postmark), for electronic registration via the course portal the Dispatch of the application for registration.
(2)If the participant uses the online registration portal at https://www.k-active.com/kurskalender to register for a K-Active course, the following technical steps are required until the binding course booking is made:
Login to customer account by entering e-mail address and password
Selection of the course from the course calendar or elsewhere on the K-Active website by clicking on the course description and further clicking on "Select course" or by directly checking the Checkbox in the course calendar
Click on "Book course
Step 1: Enter the billing address and click on "continue
Step 2: Adding one or more students, specifying the data requested in the input mask and confirming the proof of the course required professional qualification, click on "continue
Step 3: if applicable, proof of education bonus with corresponding upload option, click on "continue
Step 4: Selection of payment methods, click on "next
Step 5: Confirmation of the General Terms and Conditions of K-Active and the right of revocation for consumers, click on "next"
Step 6: Booking overview with essential features of the course to be booked, completion of the course registration by clicking on "Book subject to payment
(3)When booking the course of a third party organiser, the general terms and conditions of the third party organiser will be referred to in deviation to step 5. A payment via the Online registration portal of K-Active (step 4) is not possible for courses of external organizers. The participant will receive further information directly from the third-party organizer about Payment processing and other processing information, if applicable.
(4)The participant can correct the data and routines requested during the registration process at any time using the familiar keyboard and mouse functions. By clicking on "Cancel" the participant can repeat his or her entries for course registration according to the above-mentioned booking steps.
(5)The language available for course registration via the online registration portal or via another means of communication mentioned in § 2 paragraph 1 and the conclusion of the contract shall be German.
§ Section 3 Invoice
The participant receives with the conclusion of the contract an invoice for the registered course by K-Active, if K-Active itself is the organizer of the course. In other cases the billing is done by the training partner, since K-Active is not the contractual partner in these cases. A different invoice recipient is already at registration accordingly to note. A subsequent rewriting of the invoice is not possible. The invoice will be sent free of charge by e-mail. Additional costs for sending the invoice by post will be charged in 1.26 EUR plus 19% VAT will be charged if the contract was concluded exclusively via the Internet, i.e. in particular via the online registration portal.
§ 4 Payment of the course fee
The course fee can be paid by SEPA basic direct debit, invoice, PayPal (online) or immediate bank transfer (online):
a.)SEPA basic direct debit -free of charge-
Up to 22 days before the course starts, the course fee will be collected from the account by SEPA direct debit with 30% down payment after registration and 70% balance payment 21 days before the course starts. From 21 days before the course starts the collection is made by direct debit in one sum. If the direct debit is not honoured by the credit institute for reasons for which K-Active is not responsible, in addition to the amounts invoiced to us a processing fee of EUR 10.00 plus VAT shall be due.
b.)Payment by invoice -free of charge-
After receipt of the invoice, it must be transferred in full to K-Active within 8 days. If no transfer is made within this period, the registration is deemed not to have been transmitted.
c.) Payment by PayPal (only possible online) -free of charge
When registering via the K-Active online registration portal, there is also the possibility of payment via PayPal (service provider). The payment process follows the registration process directly through Forwarding to the payment platform of PayPal. There, the participant authorizes the payment himself/herself by providing his/her PayPal login data.
d.)Payment by immediate bank transfer (only possible online) -free of charge
When registering via the K-Active online registration portal, there is also the possibility of payment via sofortüberweisung.de (service provider). The payment process follows the registration process directly by forwarding to the payment platform of sofortüberweisung.de. There, the participant authorises the payment himself/herself by providing his/her payment details.
§ 5 Withdrawal from the contract by K-Active
K-Active can withdraw from the contract in the following cases:
1. If the participant is in default of payment, if a payment deadline has expired without success or if the participant does not meet the requirements of the Course announcement (e.g. proof of professional qualification) not fulfilled or not fulfilled in time.
2. If the course does not reach the minimum number of participants or if the obligated course leader fails for reasons beyond the control of K-Active and K-Active has no Can provide a substitute course leader. In these cases a free rebooking is possible. As an alternative to the rebooking, the participant can also request a refund of the the course fee paid.
§ 6 Withdrawal from the contract by the participant
The participant can withdraw from the contract at any time. The withdrawal must be made in text form. Any claims arising from the withdrawal from the contract for the participant / the The costs incurred by the participant result from the statutory provisions.
§ 7 Right of withdrawal for consumers
If the participant is a consumer, he/she has a 14-day right of withdrawal according to the legal regulations. Information on the right of revocation can be provided by the participant / the Participant of the website of K-Active under the URL https://www.k-active.com/de/content/widerrufsbelehrung, the information provided during the online registration process and Take confirmation after course registration. The participant will receive the following information under the URL https://www.k-active.com/de/content/widerrufsbelehrung and with the confirmation of the course registration a sample revocation form is provided. However, the use of this form is not mandatory. The right of withdrawal is only valid for courses organized by K-Active. Courses from Third party organisers are subject to their general conditions as indicated in the respective course offer of the third party organiser.
§ 8 Education premium
If, under certain conditions, the crediting of a voucher issued within the framework of the "Training Bonus" support measure is accepted, its acceptance shall be valid until the final Settlement by the Federal Ministry of Education and Research or a corresponding clearing office under reserve. The costs of a rejected application shall be borne by the participant.
§ 9 Claims for damages, liability
(1)K-Active is liable without limitation for damages caused intentionally or by gross negligence and for injury to life, body or health.
(2)K-Active is not liable for other damages if these were caused by K-Active, a legal representative or vicarious agent through simple negligence. In the case of simple negligence Violation of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the participant regularly relies (cardinal obligations), K-Active is liable for damages limited to the replacement of the contract-typical, foreseeable damage.
(3)K-Active reserves the right to make changes to the timetable, as well as to the course schedule and the course management for the courses organised by it.
§ 10 Scope of services
Scope and type of the service result from the dates and course descriptions published on the internet pages of K-Active. The course instructor (K-Active instructor) is for courses organised by K-Active to change the terms of the contract, to make commitments and to accept cancellations are not entitled. Changes always require the text form.
§ 11 Copyright protection
Photography and tape recordings in the courses are not permitted without the consent of the organizer. The copying of used computer software is prohibited. Without the consent of the organizer distributed teaching material may not be reproduced. Reference is made to the protective provisions of the copyright law.
§ 12 Data protection
The participant is informed that his/her personal data necessary for the course registration are stored and processed by K-Active on data carriers. Should the participant register for a course of a third party, the personal data necessary for the course registration will also be sent to the third party transmitted. A transmission of the data to third parties for other purposes (e.g. advertising purposes) is expressly not carried out. Further information on data protection and the rights of the persons concerned can be obtained from the Data protection regulations of K-Active are taken from. These are available on the Internet under https://www.k-active.com/de/content/datenschutzbestimmungen.
§ 13 Amendment of the General Terms and Conditions, final provisions
(1) K-Active reserves the right to replace the present General Terms and Conditions of Business at any time by a new version.
(2) The conclusion and execution of all contracts concluded on the basis of these General Terms and Conditions of Business shall be governed exclusively by German law, to the exclusion of UN Sales Law (CISG). If the participant is a consumer, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the state in which the Consumer has his habitual residence is withdrawn.
(3)If the participant is a merchant, a legal entity under public law or a special fund under public law, Aschaffenburg is the exclusive place of jurisdiction for all disputes arising from this contract disputes arising directly or indirectly from the contractual relationship or in connection with these General Terms and Conditions. The same shall apply if a customer does not general place of jurisdiction in Germany, a customer has moved his domicile or usual place of residence abroad after conclusion of the contract or has moved his domicile or usual place of residence abroad is unknown at the time of the filing of the action.
(4)Should one or more provisions of these General Terms and Conditions be invalid, this shall not result in the invalidity of the remaining provisions. If the contracting parties Are entrepreneurs, they undertake in such a case to replace the ineffective provision by a provision which deviates from the economic sense and purpose of the ineffective provision is the closest.
§ 14 Supplementary provisions
In addition to the General Terms and Conditions of K-Active Europe GmbH, the following printed "Agreements and general information" are valid.
Agreements and general information
1. Course stay / House rules
Course participants stay in the event rooms at their own risk. The house rules of the event room apply on site.
2. Acting at your own risk
In application demonstrations and exercises that instructors or students perform on patients or other students, the instructors and students act at their own risk and Risk. The limitations of liability according to § 9 of the above General Terms and Conditions of K-Active apply.
3. Correctness of content
The courses are held by the persons trained by K-Active (course instructors, speakers). However, K-Active can not guarantee that the contents of the courses are correct and that the are applicable.
4. Evaluation of the course
For reasons of constant quality control and assurance, the courses taking place are evaluated by K-Active. This happens anonymously without exceptions.