GENERAL TERMS AND CONDITIONS OF
www.susann-michaelis.com Welcome to Susann Michaelis & ConWINce!
1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products and services by Susann Michaelis/ Conwince Optimum Performance (hereinafter referred to as “Supplier”) to you in the version valid at the time of the order. (2) Deviating terms and conditions of the customer are rejected. (3) Please read these terms and conditions carefully before placing an order with Susann Michaelis/ Conwince Optimum Performance. By placing an order with Susann Michaelis/ Conwince Optimum Performance you agree to the application of these terms and conditions to your order. (4) On Susann Michaelis & ConWINce we offer you the sale of the following products: Workbooks, Affirmation Cards, Merchandise. (5) On Susann Michaelis & ConWINce we offer you the following services: Mentoring & consulting services, conducting speeches, webinars, workshops and seminars, media production, author assignments and the like.
2 Formation of the contract
(1) Contracts on this portal can only be concluded in German. (2) The offers are aimed exclusively at end customers with a billing and delivery address in: Europe, USA and Canada. In the case of individual bulky goods items, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price. (3) The customer must be 18 years of age or older. (4) The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer. (5) Your order constitutes an offer to Susann Michaelis & ConWINce to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the “Buy” button in the final ordering step. (6) The purchase contract between the Supplier and the Customer is only concluded when the Supplier issues a declaration of acceptance. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense. (7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of one order and to the placing of several orders for the same product, where the individual orders comprise a normal household quantity. (8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data. (9) Access to the Susann Michaelis & ConWINce service requires registration. (10) By registering, the customer accepts these GTC. Registration creates a contractual relationship between Susann Michaelis & ConWINce and the registered customer, which is governed by the provisions of these GTC. (11) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer. (12) By ordering a chargeable service, the registered customer enters into a further contractual relationship with Susann Michaelis & ConWINce that is separate from the registration. The user shall be informed about the respective chargeable service and the terms of payment prior to the conclusion of this contractual relationship. The contractual relationship is established when the customer confirms the order and payment obligation by clicking on the “Buy” button. (13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
3 Description of the scope of services
The scope of services of Susann Michaelis & ConWINce consists of the following services: The user can obtain information about Susann Michaelis & ConWINce free of charge, as well as view media content, guest appearances and podcast episodes. It is also possible to order and purchase additional products and services in the “Shop”.
4 Prices and shipping costs
(1) Our prices include the applicable statutory VAT and are subject to a flat-rate shipping fee and shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item. (2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We will check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product. (3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order shall apply. (4) Registration is required to use Susann Michaelis & ConWINce. (5) If the user wishes to make use of a chargeable service, he shall be informed in advance of the chargeable nature of the service. In particular, the respective additional scope of services, the costs incurred and the method of payment shall be indicated. (6) The Provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
5 Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Susann Michaelis & ConWINce (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only an estimate and an approximate guide. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product. (2) If Susann Michaelis & ConWINce determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The customer’s statutory claims shall remain unaffected. (3) If a delivery to the customer is not possible because the delivered goods do not fit through the customer’s front door, front door or staircase or because the customer is not found at the delivery address specified by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery. (4) Delivery shall be made according to the customer’s method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after conclusion of the contract. (5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Susann Michaelis/ Conwince Optimum Performance. Irrespective of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent. (6) This right to cancel does not apply to certain product groups and services, including digital content or software, which are not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
6 Customs
(1) If you order products from Susann Michaelis & ConWINce for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information. (2) Please also note that when ordering from Susann Michaelis & ConWINce, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.
7 Terms of payment
(1) Any fees incurred shall be paid in advance to Susann Michaelis & ConWINce without deduction at the time they fall due. (2) By registering, providing the information required for the payment procedure and using the chargeable service, the user authorizes the operator to collect the corresponding amount. (3) A fee-based service is automatically renewed for the booked period (subscription) unless it is terminated by telephone, e-mail or letter. (4) The subscription will be collected on the following date: On the first working day of the month. (5) The customer can pay for the goods or services using the following payment methods: – Paypal – Credit card – Direct debit: In the event of a return debit note for which the purchaser is responsible, Susann Michaelis/ Conwince Optimum Performance shall charge a flat-rate compensation fee of €8 (eight euros). The customer may prove that no damage has been incurred at all or that it is significantly lower than the lump sum. The above provisions apply accordingly to payments of the purchase price of goods sold by third party suppliers. – Payment on account is only possible for consumers aged 18 and over. The delivery address, the home address and the billing address must be identical and located in the following countries: Germany, DACH region Payment on account is not possible for services that are transmitted online (e.g. software for download) or for the purchase of gift cards. The invoice amount is due upon receipt of the invoice. Susann Michaelis/ Conwince Optimum Performance reserves the right not to offer certain payment methods in individual cases. In the case of payment on account, a one-off fee of €0 (zero euros) including the applicable VAT per delivery will be charged in addition to any shipping costs incurred for the complete shipment. The customer will always be informed separately before conclusion of the contract whether this fee will be charged. If the invoice amount is not paid by the due date for reasons for which the customer is responsible, Susann Michaelis/ Conwince Optimum Performance shall charge a flat-rate compensation fee of € ________ (________). The customer may prove that no damage has been incurred at all or that it is significantly lower than the lump sum. In the case of payment on account and in other cases where there is a justified reason, Susann Michaelis & ConWINce shall check and evaluate the data provided by the customer. (6) Certain payment methods may be excluded by the provider in individual cases. (7) The customer is not permitted to pay for the goods or services by sending cash or checks. (8) If the Customer chooses an online payment method, the Customer thereby authorizes the Supplier to collect the amounts due at the time of the order. (9) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer must transfer the invoice amount to the Supplier’s account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days. (10) Sollte der Anbieter die Bezahlung per Kreditkarte anbieten und der Besteller diese Zahlungsart wählen, ermächtigt dieser den Anbieter ausdrücklich dazu, die fälligen Beträge einzuziehen. (11) Sollte der Anbieter die Bezahlung per Lastschrift anbieten und der Besteller diese Zahlungsart wählen, erteilt der Besteller dem Anbieter ein SEPA Basismandat. Sollte es bei der Zahlung per Lastschrift zu einer Rückbuchung einer Zahlungstransaktion mangels Kontodeckung oder aufgrund falsch übermittelter Daten der Bankverbindung kommen, so hat der Besteller dafür die Kosten zu tragen. (12) Sollte der Anbieter die Bezahlung per Vorkasse anbieten und der Besteller diese Zahlungsart wählen, verpflichtet sich der Besteller, den Rechnungsbetrag innerhalb von 14 Tagen nach Warenversand, ohne jeglichen Abzug von Skonto zu begleichen. (13) Sollte der Besteller mit der Zahlung in Verzug kommen, so behält sich der Anbieter die Geltendmachung des Verzugschadens vor.
8 Registration and termination
(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has a criminal record for an intentional criminal offense that endangers the safety of third parties, in particular for an offense against sexual self-determination (§§ 174 ff. StGB), an offense against life (§§ 211 ff. StGB), an offense against physical integrity (§§ 223 ff. StGB), an offense against personal freedom (§§ 232 ff. StGB), or because of theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse. (2) Subject to reservation, a user is entitled to unsubscribe at any time in writing by post, e-mail or telephone without stating a reason. At the same time, it is possible to deactivate the user account completely and personally within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated. (3) If a user has registered for a paid service, they can cancel at the latest 30 days before the booking period. If this deadline is not met, the paid service shall be extended by the selected booking period and the termination shall only take effect at the end of the subsequent booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. The customer’s full name, e-mail address and postal address must be given so that your termination can be assigned. In the case of termination by telephone, the individual telephone password is required. (4) Susann Michaelis & ConWINce may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. Susann Michaelis & ConWINce further reserves the right to remove profiles and/or any content published on the website by or on behalf of the user. If Susann Michaelis & ConWINce terminates the user’s registration and/or removes the user’s profiles or published content, Susann Michaelis & ConWINce shall be under no obligation to inform the user of this or the reason for the termination or removal. (5) Following any termination of any individual use of the services of Susann Michaelis & ConWINce, Susann Michaelis & ConWINce reserves the right to send information about this to other registered users with whom Susann Michaelis & ConWINce assumes that they have been in contact with the user. Susann Michaelis & ConWINce’s decision to terminate the user’s registration and/or to notify other users with whom Susann Michaelis & ConWINce assumes that the user has been in contact does not imply or state in any way that Susann Michaelis & ConWINce is making statements about the individual character, general reputation, personal characteristics or lifestyle. (6) Users are obliged not to make any deliberate or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case. (7) If a user’s access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of expenses saved shall be set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the expenses saved are actually higher or lower. (8) After termination of the contractual relationship, all user data shall be deleted by Susann Michaelis & ConWINce.
9 Limitation of liability (services)
(1) Susann Michaelis & ConWINce assumes no responsibility for the content and accuracy of the information in the registration and profile data of the ordering party or other content generated by the ordering party. (2) With regard to the service sought or offered, the contract is concluded exclusively between the respective customers involved. Therefore, Susann Michaelis & ConWINce shall not be liable for the services of the participating orderers. Accordingly, all matters pertaining to the relationship between the Ordering Parties, including, without limitation, services received by a Seeker or payments due to Ordering Parties, shall be addressed directly to the respective party. Susann Michaelis & ConWINce shall not be held responsible for and hereby expressly disclaims any and all liability of any kind whatsoever, including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or undisclosed, of any kind whatsoever in connection with the aforementioned matters. (3) Susann Michaelis/ Conwince Optimum Performance shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by Susann Michaelis/ Conwince Optimum Performance or an intentional or negligent breach of duty by a legal representative or vicarious agent of Susann Michaelis/ Conwince Optimum Performance. (4) Susann Michaelis/ Conwince Optimum Performance Europe shall only be liable for other damages, insofar as they are not based on the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Susann Michaelis/ Conwince Optimum Performance or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Susann Michaelis/ Conwince Optimum Performance. (5) Claims for damages shall be limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value. (6) Claims for damages based on injury to life, limb, health or freedom shall become time-barred after 30 years; otherwise after 1 year, whereby the limitation period shall commence at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (§ 199 para. 1 BGB). (7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete it in whole or in part.
10 Offsetting and right of retention
(1) The customer shall only be entitled to offset if the customer’s counterclaim has been legally established or has not been disputed by the supplier. (2) The Customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
11 Retention of title
Susann Michaelis/ Conwince Optimum Performance retains ownership of the goods until full payment has been received.
12 Transport damage
(1) If the customer receives the goods with obvious transport damage, the supplier shall ask him to complain about this as soon as possible. (2) If the customer fails to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
13 Right of defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods and may request the repair or replacement of the products purchased on Susann Michaelis & ConWINce if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price. (2) In the case of used goods, the warranty period may be shorter than two years. (3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance. (4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses relating to compensation for damage to body and health or to intent or gross negligence are asserted.
14 Limitation of liability (products)
(1) The Provider shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty or that of one of the Provider’s legal representatives or vicarious agents. (2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract. (3) The provider shall be liable for breaches of essential contractual obligations that are based on foreseeable damages typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health. (4) The provisions of the Product Liability Act shall remain unaffected. (5) Insofar as the liability of Susann Michaelis & ConWINce is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
15 Cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions: (2) Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke without giving reasons. The withdrawal period for services is fourteen days from the day the contract is concluded. To exercise the right to cancel, you must inform us: Susann Michaelis/ Conwince Optimum Performance Susann Michaelis ConWINce Optimum Performance Im Heidefeld 75 39175 Wahlitz of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online return center within the period defined below. (3) Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to Susann Michaelis/ Conwince Optimum Performance Susann Michaelis ConWINce Optimum Performance Im Heidefeld 75 39175 Wahlitz immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods. (4) Exceptions to the right of withdrawal You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- in the case of services, if Susann Michaelis & ConWINce has provided these in full and you have taken note and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon complete fulfillment of the contract;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
16 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
17 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent. (2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded. (3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned. (4) You have the right at any time to obtain from Susann Michaelis & ConWINce complete information free of charge about the data concerning you. (5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing. (6) Further information on data protection can be found in the separate privacy policy.
18 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the visitor’s Internet browser. (2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID. (3) The use of cookies enables us to provide users of this website with more user-friendly services that would not be possible without cookies. (4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies). (5) You can object to the storage of cookies by clicking on a banner that allows you to object/accept. (6) Of course, you can set your browser so that no cookies are stored on your hard disk or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
19 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. (2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
20 Final provisions
(1) The contract language is German. (2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Susann Michaelis & ConWINce with the assistance of a parent or legal guardian. (3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale. (4) We reserve the right to make changes to our website, rules, terms and conditions including these terms and conditions at any time. Your order will be subject to the terms of sale, contract terms and conditions in force at the time of your order, unless a change to those terms is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. (5) The invalidity of one provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.