Terms of Service

 

§ 1 Object of the contract / conclusion of contract
(1) The provider Resonance Space, Schanzenstraße 83, 20357 Hamburg (hereinafter: "Provider") offers via the website at www.resonancespace.com (hereinafter: "Website") to customers (hereinafter for simplification and without discriminatory intent with regard to gender: "customer") the possibility to book face-to-face events and online events as well as download sounds.

(2) Booking face-to-face events
The customer chooses an event for a specific date. The contract is concluded when the booking process is completed on the website. The customer receives an order confirmation. With the completion of the booking, the terms and conditions and data protection information are accepted by the customer. Alternatively, the customer can conclude a contract with the provider outside of the website if he accepts the transmitted offer of the provider in text form (e.g. email).

(3) Booking online events
The customer chooses an event for a specific date. The contract is concluded when the booking process is completed on the website. The customer receives an order confirmation. With the completion of the booking, the terms and conditions and data protection information are accepted by the customer. Online events can be booked as a single event or based on a subscription model.
(4) Download sounds or purchase an online video
The contract is concluded when the booking process is completed on the website. The customer receives an order confirmation. With the completion of the booking, the terms and conditions and data protection information are accepted by the customer. If the sound is purchased from an external provider (e.g. Apple Music), reference is made to the terms of use of the external provider, which take precedence in the event of contradictions to these terms and conditions.
(5) With regard to the scope of the services offered, reference is made to the respective service description on the website.

(6) The customer is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered deliveries and services cannot primarily be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is, according to § 14 BGB, any natural or legal person or partnership with legal capacity who acts in the course of the contract in the exercise of their commercial or independent professional activity.
(7) The contract is concluded in German or English. The contract text is saved while observing the data protection regulations.

 

§ 2 Services of the provider for online events
(1) The course is conducted online in a live session. The customer has to be online at the agreed date, provided that a specific date is provided.
(2) The customer is responsible for having suitable playback software (browser including plugins) available that can reproduce the content offered on the website.
(3) If a membership for an online course is completed, the course can only be accessed for the duration of the membership.

 

§ 3 Services of the provider at face-to-face events
(1) The service descriptions and the dates for the respective event shown on the website apply.
(2) The customer is responsible for the organization of arrival and departure as well as for any necessary accommodation and for the catering. Insofar as the provider provides catering differently, the customer is responsible for checking the food and beverages offered and the compatibility.

 

§ 4 Cancellations / changes of the provider at events
(1) The provider is free to exchange lecturers if this becomes necessary due to illness or force majeure.
(2) The provider is entitled to cancel or interrupt an event if this becomes necessary due to illness of the staff or force majeure. In this case, the provider endeavors to offer the customer an alternative date. If no alternative date is possible, the customer will be reimbursed the fees. There is no assumption of hotel costs or other expenses that the customer has incurred.
(3) If the customer interrupts or cancels an event, there will be no refund unless the provider is responsible for this.
 

§ 5 services for downloading sounds or downloading / streaming online videos

(1) The sound is made available to the customer in a common audio format. The online video is displayed during streaming in a video player on the website and can otherwise be downloaded in a common video format.

(2) The customer is responsible for the suitable playback software.

(3) The customer accepts the terms of use of an external provider if the sound is obtained from them.

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§ 6 term and termination

(1) The contract period ends automatically at the end of the event, without the need for termination. Ordinary termination is excluded.

(2) For online courses, the duration is based on the agreement of the parties. Reference is made to the offer on the website of the provider. Membership can be terminated with four weeks' notice to the end of the month.

(3) The right to extraordinary termination for an important reason remains unaffected.

(4) Termination requires the text form to be effective. The date of receipt of the notice of termination is decisive.

 

§ 7 copyright of the provider

(1) The copyrights to all accessible content and provided materials remain with the provider. The customer is granted a simple right of use, which is limited to the purpose of the online course or the presence event or playing the sound. In addition, the customer may not reproduce (even partially) the content, present it publicly or otherwise pass it on to third parties. The customer is also not allowed to use the content for their own further training, with the intention of competing with the provider.

(2) The granting of rights of use by the provider is subject to the condition precedent of full payment of the purchase price.

(3) The customer is prohibited from selling his access data or handing them over to third parties. The customer guarantees to handle the access data carefully.

(4) The provider is entitled to clearly mark its content by attaching copyright notices, including in the form of digital signatures.

(5) In the event of unauthorized use of the content by the customer or a third party who has received access to the content from the customer, the customer undertakes to pay a contractual penalty to be determined by the provider at its reasonable discretion and to be checked by the competent court in the event of a dispute Act of injury.
 

§ 8 remuneration and payment processing

(1) The prices stated on the website and in the provider's offers apply at the time the contract is concluded. Unless otherwise stated, the prices include VAT. The provider bears PayPal fees.

(2) The provider reserves the right to reduce the stated prices as part of special promotions without a customer being able to rely on the promotional price during the term.

(3) Payment by the customer is made using the payment methods offered on the website. If the customer's account is insufficiently covered, the resulting fees will be borne by the customer.

(4) If the customer is in arrears with the payment, the provider is entitled to demand default interest in accordance with the statutory provisions. The customer is already in default by missing the payment date. In this case, he has to pay the provider default interest of 5 percentage points above the base rate for the year. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.

(5) The customer's obligation to pay default interest does not preclude the provider from asserting further default damages. The customer reserves the right to prove less damage to the provider.

(6) If the customer is in arrears with a payment, the provider is entitled to withdraw from the contract and block access to content.

 

§ 9 Obligations of the customer

(1) The customer bears responsibility for the use of the content offered.

(2) The access data for the website must be kept carefully and protected against access by third parties. The user accounts are not transferable to a third party.

(3) The customer data must be truthfully provided. Changes must be communicated to the provider immediately.

(4) In the event of a breach of obligations or a breach of the terms and conditions, the provider reserves the right to block or restrict access to the user account.

(5) The resale of tickets or access is prohibited. The provider reserves the right to block such tickets / access and to assert claims for damages against the customer.

(6) The provider is entitled to extraordinarily terminate the contract if the customer disrupts the execution of the contract despite a warning or behaves contrary to the contract to the extent that the immediate cancellation of the contract is justified. If the provider terminates for this reason, the customer remains obliged to pay the total price.

(7) The instructions of the leader must be followed during the attendance event. The provider reserves the right to exclude customers if they disrupt the course of the event.

 

§ 10 liability

(1) Claims by the customer for damages are excluded. This does not include claims for damages on the part of the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

(3) The provider does not owe any particular success. In particular, the provider does not guarantee that the results hoped for by the customer will apply when the information from the courses and other content is applied.

(4) Please note that the provider uses flickering light and special breathing techniques. The customer assures that he has the health requirements to participate (e.g. no epilepsy) and undertakes to notify the provider of health problems without being asked. The customer is responsible for consulting a doctor if necessary before participating.

(5) The provider is not liable if the website cannot be reached through no fault of his own.

(6) The limitations of liability also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

 

§ 11 limitation of the right of withdrawal

(1) As soon as the customer has access to the sound or an online video, the right of withdrawal expires. The customer accepts this with the conclusion of the contract.

The right of withdrawal expires in accordance with Section 356 (5) of the German Civil Code (BGB) for a contract for the delivery of digital content that is not on a physical data carrier even if the entrepreneur has started to execute the contract after the consumer has expressly consented to the entrepreneur's consent the execution of the contract begins before the expiry of the cancellation period, and his knowledge has confirmed that he loses his right of cancellation with his consent at the start of the execution of the contract.

(2) In addition, the right of withdrawal does not exist for online and face-to-face events, since it is a time-limited leisure activity within the meaning of Section 312g (2) No. 9 BGB.

(3) Customers who are entrepreneurs generally have no right of withdrawal.

 

§ 12 data protection

(1) The customer agrees to the storage of personal data in the context of the business relationship with the provider, taking into account data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the contract or the customer's consent.

(2) Insofar as the customer transmits personal data from third parties, the latter ensures that the consent of the third parties has been obtained. The customer releases the provider from any third party claims in this regard.

(3) The rights of the customer or the person affected by data processing arise in particular from the following standards of the GDPR:

Article 7 paragraph 3 - right to withdraw consent under data protection law
Article 15 - Right of information of the data subject, right to confirmation and to provide a copy of the personal data
Article 16 - Right to rectification
Article 17 - Right to erasure ("right to be forgotten")
Article 18 - Right to restriction of processing
Article 20 - Right to data portability
Article 21 - Right to object
Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
Article 77 - Right to lodge a complaint with a supervisory authority
(4) To exercise the rights, the customer or the person concerned is asked to contact the provider by email or, in the event of a complaint, the responsible supervisory authority.

(5) Reference is made to the data protection declaration on the website of the provider.

 

§ 13 image and video recordings

(1) The provider is entitled to take pictures and videos of the customers during the events and to use them for advertising purposes or own analytical purposes. The customer accepts this with the conclusion of the contract.

(2) The customer can revoke his consent at any time by notifying the provider in writing.

 

§ 14 dispute settlement

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

§ 15 Place of jurisdiction and applicable law

(1) The business relationships between the provider and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

(2) The place of jurisdiction and place of performance is the registered office of the provider in Hamburg, insofar as the customer is a merchant within the meaning of the HGB or a legal person under public law or a special fund under public law. The same applies if the customer has no general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the lawsuit is filed.

 

§ 16 Scope of the General Terms and Conditions and changes

(1) By concluding the contract, the customer agrees to the general terms and conditions.

(2) Any terms and conditions of the customer will not be accepted without written confirmation from the provider.

(3) The general terms and conditions can be changed by the provider with effect for the future.
 

§ 17 Severability clause

(1) Should any provision of these general terms and conditions be or become ineffective, the validity of the general terms and conditions will not be affected. Instead of the ineffective provision, a provision should come that comes as close as possible to the will of the parties within the limits of what is legally possible. The same applies in the event of a loophole.

(2) In the event of deviations between the German and English versions, the German version takes precedence.

As of April 2020