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terms and conditions

Contents:

General terms and conditions for the sale of goods
Terms and Conditions for Live Online Courses and Video Streaming Courses
Withdrawal policy

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General terms and conditions for the sale of goods

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Special conditions for the processing of goods according to specific customer specifications
  10. Redeeming promotional vouchers
  11. Redeeming Gift Vouchers
  12. Applicable Law
  13. Place of jurisdiction
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of SONNENTOR Kräuterhandels GmbH (hereinafter "SONNENTOR"), apply to all contracts for the delivery of goods that a consumer or entrepreneur concludes with SONNENTOR regarding the goods presented by SONNENTOR in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless agreed otherwise.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.

1.3 A consumer within the meaning of these GTCs is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions GCTs in the exercise of their commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the SONNENTOR Online Shop do not constitute binding offers on the part of SONNENTOR, but serve for the submission of a binding offer by you.

2.2 You can submit the offer via the online order form integrated in the SONNENTOR online shop. After you have placed the selected goods in the virtual shopping basket and gone through the electronic ordering process, you make a legally binding offer to enter into a contract for the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 SONNENTOR may accept your offer within five days,

  • by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the date of receipt of the order confirmation by you is decisive, or
  • requesting payment after you have placed your order.

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after you send the offer and ends at the end of the fifth day following the sending of the offer. If SONNENTOR does not accept your offer within the aforementioned period, this is considered a rejection of the offer with the result that you are no longer bound by your declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed by the Payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full or - if you do not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a payment method offered by PayPal that can be selected in the online ordering process, SONNENTOR already declares acceptance of your offer when you click on the button that concludes the ordering process.

2.5 When submitting an offer via the SONNENTOR online order form, the text of the contract will be stored by SONNENTOR after the conclusion of the contract and sent to you in text form (e.g. e-mail, fax or letter) after you have sent your order. SONNENTOR will not make the text of the contract accessible beyond this. If you set up a user account in the SONNENTOR online shop before sending your order, the order data will be stored on the SONNENTOR website and you can access it free of charge via your password-protected user account by entering the relevant login data.

2.6 Before placing a binding order via the SONNENTOR online order form, you can identify possible input errors by carefully reviewing the information presented on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. You can correct your entries during the electronic ordering process, using the usual keyboard and mouse functions until you click the button that concludes the ordering process.

2.7 The German version of the contract is available via www.sonnentor.com/de-at and the English version via www.sonnentor.com/en-gb.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. Please ensure that the e-mail address you provide for order processing is correct, so that e-mails sent by SONNENTOR can be received at this address. In particular, if you use SPAM filters, you must ensure that all e-mails sent by SONNENTOR or third parties commissioned by SONNENTOR to process your order, can be delivered.

3) Right of Withdrawal

3.1 Consumers have in principle a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Withdrawal Policy by SONNENTOR.

3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in SONNENTOR's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases, for which SONNENTOR is not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by Credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The payment options will be communicated to you in the SONNENTOR online shop.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on later due date.

4.5 When selecting the payment method "SOFORT", payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account activated for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and your bank account will be debited. You can find more information about the "SOFORT" payment method online at https://www.klarna.com/sofort/.

4.6 If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. SONNENTOR reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, SONNENTOR will point out a corresponding payment restriction in your payment information in the online shop.

4.7 If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit mandate has been issued, but not before the expiry of the deadline for advance notice. The direct debit is collected when the ordered goods leave the SONNENTOR warehouse, but not before the deadline for advance notice has expired. A "pre-notification" is any message (e.g. invoice, policy, contract) from SONNENTOR to you that informs you of a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because you have provided incorrect bank details, or if you object to the debit although you are not entitled to do so, you must bear the fees incurred by the chargeback from the respective bank if you are responsible for this.

4.8 If the credit card payment method via Qenta is selected, the payment will be processed via QENTA Payment CEE GmbH, Reininghausstraße 10, 8020 Graz (https://payments.qenta.com/) to which SONNENTOR assigns its payment claim. QENTA Payment CEE GmbH collects the invoice amount from your specified credit card account. In the event of assignment, payment can only be made to QENTA Payment CEE GmbH with debt-discharging effect. The credit card will be charged immediately after sending your order via the SONNENTOR online shop. Even if the credit card payment method is selected via Qenta, SONNENTOR remains responsible for general customer inquiries, e.g. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits. Reference is made to the information provided by QENTA Payment CEE GmbH in accordance with Article 13 of the GDPR in connection with the processing of credit card payments at https://payments.qenta.com/en/dpa/.

4.9 For more information see Shipping and payment.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by dispatch to the delivery address specified by you, unless otherwise agreed.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by SONNENTOR as a result. This does not apply with regard to the costs for the delivery if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the regulation made in SONNENTOR's Withdrawal Policy applies to the return costs.

5.3 If you are trading as a consumer or entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to you or an authorised recipient when the goods are handed over to you. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you, even in the case of consumers, as soon as SONNENTOR has delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment, if you have commissioned the forwarder, the carrier or any other person or institution designated to carry out the shipment and SONNENTOR has not previously named such person or institution to you.

5.4 SONNENTOR reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that SONNENTOR is not responsible for the non-delivery and SONNENTOR has concluded a specific covering transaction with the supplier with due diligence. SONNENTOR will make every reasonable effort to procure the goods. If the goods are unavailable or only partially available, you will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection directly from SONNENTOR is not possible for logistical reasons. However, it is generally possible to order goods online and then pick them up in the desired SONNENTOR store (Click & Collect).

5.6 Coupons will be given to you as follows:

  • by e-mail
  • by post

5.7 For more information see Shipping and payment.

6) Retention of title

6.1 In relation to consumers, SONNENTOR retains ownership of the goods delivered until the purchase price owed has been paid in full.

6.2 SONNENTOR retains ownership of the delivered goods to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If you are trading as an entrepreneur, you are entitled to resell the goods subject to retention of title in the ordinary course of business. You assign to SONNENTOR in advance all claims against third parties arising from this in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. You remain authorised to collect the claims even after the assignment. SONNENTOR's right to collect the claims itself remains unaffected by this. However, SONNENTOR will not collect the claims as long as you meet your payment obligations to SONNENTOR, do not default in payment and no application for the opening of insolvency proceedings has been filed.

7) Liability for defects (warranty)

If the purchased item is defective, the statutory liability for defects applies. Notwithstanding this, the following applies:

7.1 If you are trading as an entrepreneur,

  • SONNENTOR shall have the choice of the type of subsequent performance;
  • in the case of new goods, the limitation period for defects is one year from delivery of the goods;
  • in the case of used goods, the rights and claims due to defects are fundamentally excluded;
  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of deadlines regulated in the above clauses do not apply

  • for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for claims for damages and reimbursement of expenses on your part, as well as
  • in the event that SONNENTOR has fraudulently concealed the defect.

7.3 If you are trading as a consumer, you are requested to complain to the delivery company about goods delivered with obvious transport damage and to inform SONNENTOR of this. If you do not comply, this will not affect your legal or contractual claims for defects.

8) Liability

SONNENTOR is liable to you for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 SONNENTOR is fully liable for any legal reason

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

8.2 If SONNENTOR negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Significant contractual obligations are obligations that the contract imposes on SONNENTOR according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.

8.3 Any further liability on the part of SONNENTOR is excluded.

8.4 The above liability regulations also apply with regard to SONNENTOR's liability for vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1 If, according to the content of the contract, SONNENTOR owes you not only the delivery of the goods but also the processing of the goods according to certain specifications, you must provide SONNENTOR with all the content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by SONNENTOR and grant SONNENTOR the rights of use required for this purpose. You are solely responsible for obtaining and acquiring rights to this content. You declare and assume responsibility that you have the right to use the content made available to SONNENTOR. In particular, you are responsible for ensuring that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.

9.2 You indemnify SONNENTOR against claims by third parties which they may assert against SONNENTOR in connection with an infringement of their rights by SONNENTOR's use of your content in accordance with the contract. You also assume the reasonable costs of the necessary legal defence, including all court and attorney's fees in the statutory amount. This does not apply if you are not responsible for the infringement. In the event of claims by third parties, you are obliged to immediately, truthfully and completely provide SONNENTOR with all the information required to examine the claims and to defend them.

9.3 SONNENTOR reserves the right to refuse processing orders if the contents provided by you for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

10) Redeeming promotional vouchers

10.1 Vouchers that are issued free of charge by SONNENTOR as part of advertising campaigns with a specific period of validity and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in the SONNENTOR online shop and only in the specified period, unless the content of the voucher states otherwise.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.

10.3 Promotion vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must at least correspond to the amount of the promotional voucher, unless the contents of the voucher indicate otherwise (in particular a minimum order value). Any remaining credit will not be refunded by SONNENTOR.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by SONNENTOR may be chosen to settle the difference.

10.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

10.8 The promotional voucher will not be refunded if you return the goods that were fully or partially paid for with the promotional voucher within the scope of your statutory right of withdrawal.

10.9 Transfer of the promotional voucher to third parties is excluded. SONNENTOR is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

11) Redeeming Gift Vouchers

11.1 Vouchers that can be purchased via the SONNENTOR Online Shop (hereinafter "Gift Vouchers") can be redeemed in the SONNENTOR Online Shop (in German and English) and in SONNENTOR shops (in Austria and Germany) as well as for guided tours of the company, country lofts, seminars and the organic restaurant Leibspeis', unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the fifth year after the year of the voucher purchase.

11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

11.4 Several gift vouchers can also be redeemed for one order.

11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by SONNENTOR can be chosen to settle the difference.

11.6 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

11.7 The gift voucher is transferable. SONNENTOR can make payments to the respective owner who redeems the gift voucher in the SONNENTOR online shop with discharging effect. This does not apply if SONNENTOR has knowledge or grossly negligent ignorance of the non-authorisation, the legal incapacity or the lack of authorisation to represent the respective owner.

12) Applicable Law

The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his/her habitual residence.

13) Jurisdiction

If you are a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is SONNENTOR's registered office. If you have your registered office outside the territory of the Republic of Austria, SONNENTOR's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the 
contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the above cases, SONNENTOR is always entitled to appeal to the court at your registered office.

14) Code of Conduct

SONNENTOR has subjected itself to the Trusted Shops quality criteria, which can be found on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.

15) Alternative Dispute Resolution

15.1 The EU Commission provides a platform for online dispute resolution on the Internet.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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

Last update: April 5, 2023

 

Terms and Conditions for Live Online Courses and Video Streaming Courses

  1. Scope
  2. Services of the Provider
  3. Conclusion of contract
  4. Right of withdrawal
  5. Prices and terms of payment
  6. Falling short of the minimum number of participants for online live courses
  7. Changes or cancellation of live online courses
  8. Content of the Services and Educational Materials
  9. Granting of rights of use to digital content and transfer
  10. Liability for defects
  11. Liability
  12. Applicable Law
  13. Place of jurisdiction
  14. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of SONNENTOR Kräuterhandels GmbH (hereinafter referred to as "SONNENTOR"), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter referred to as "Services"), which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with SONNENTOR with regard to the Services presented by SONNENTOR in its online shop.
The inclusion of the customer's own terms and conditions is hereby objected to, unless agreed otherwise.

1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 For the purposes of these GTC, digital content is all data that is not on a physical data carrier, that is produced in digital form and that is made available by SONNENTOR under the granting of certain rights of use that are regulated in more detail in these GTC.

2) Services of the Provider

2.1 SONNENTOR holds online live courses as well as delivering digital content via the website. The content of the online live courses and the subject of the digital content result from the respective service description on the SONNENTOR website.

2.2 Insofar as SONNENTOR holds online live courses, SONNENTOR provides its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, SONNENTOR provides you with suitable application software before the start of a video conference. In order to participate correctly in the online video conference, your system must meet certain minimum requirements, which are communicated to you on the SONNENTOR website. You are responsible for complying with the system requirements. SONNENTOR is not liable for technical problems that can be traced back to inadequate system requirements on your side.

2.3 SONNENTOR provides its services through selected qualified personnel. In doing so, SONNENTOR may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in SONNENTOR's descriptions, you have no right to choose a specific person to provide the commissioned service.

2.4 SONNENTOR provides its services with the utmost care and to the best of its knowledge and belief. However, SONNENTOR does not provide any specific guarantee of success. In particular, SONNENTOR does not guarantee that you will achieve a specific learning success or that you will achieve a specific performance goal. Last but not least, this also depends on your personal commitment and will, over which SONNENTOR has no influence.

2.5 Insofar as SONNENTOR delivers digital content, delivery shall be effected exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the stream, your system must meet certain minimum requirements, which will be explained to you on the SONNENTOR website. You are responsible for complying with the system requirements. SONNENTOR is not liable for technical problems that can be traced back to inadequate system requirements on your side.

3) Conclusion of contract

3.1 The services described on the SONNENTOR website do not constitute binding offers on the part of SONNENTOR but serve to enable you to submit a binding offer.

3.2 You can submit your offer via the online form provided on the SONNENTOR website. After you have entered your data in the form, you make a legally binding contractual offer with regard to the selected service by clicking the button that concludes the registration process. You can also submit the offer to SONNENTOR by telephone, fax, e-mail or post.

3.3 SONNENTOR may accept your offer within five days,

  • by sending you a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by you is decisive, or
  • by requesting payment from you after you have submitted your contractual declaration

If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If SONNENTOR does not accept your offer within the aforementioned period, this is considered a rejection of the offer with the result that you are no longer bound by your declaration of intent. If an online live course is held, the same applies if the course you have selected begins before the end of the acceptance period and SONNENTOR does not accept your offer at least 24 hours before the start of the course, unless otherwise agreed between the parties became.

3.4 When submitting an offer via the SONNENTOR online form, the text of the contract will be stored by SONNENTOR after the conclusion of the contract and transmitted to you in text form (e.g. e-mail, fax or letter) after you have sent your offer. SONNENTOR will not make the contract text accessible beyond this.

3.5 Before submitting the binding offer via the online form, you can continuously correct your entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

3.6 Only the German language is available for the conclusion of the contract.

3.7 As a rule, SONNENTOR contacts you by e-mail in order to process the contract. Please ensure that the e-mail address you provided when submitting the offer is correct, so that e-mails sent by SONNENTOR can be received at this address. In particular, when using SPAM filters, you must ensure that all e-mails sent by SONNENTOR or by third parties commissioned by SONNENTOR to process the contract can be delivered.

4) Right of Withdrawal

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

5) Prices and terms of payment

5.1 Unless otherwise stated in SONNENTOR's service descriptions, the prices quoted are total prices which include statutory VAT.

5.2 You have various payment options at your disposal, which are indicated on the SONNENTOR website.

5.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which SONNENTOR is not responsible and must be borne by you. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

5.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

6) Falling short of the minimum number of participants for online live courses

6.1 SONNENTOR may determine a minimum number of participants for its online live courses. If a minimum number of participants is determined, SONNENTOR will expressly point this out in the course description.

6.2 If the minimum number of participants is not reached, SONNENTOR can withdraw from the contract, at the latest, seven days before the start of the course by making a declaration to you. If several services are the subject of the contract, SONNENTOR's withdrawal in the aforementioned cases is limited to the service affected by the shortfall in the minimum number of participants ("partial withdrawal"). The partial withdrawal has no effect on the other agreed services. SONNENTOR will send you its cancellation notice immediately after learning that the number of participants has not been reached, at the latest seven days before the start of the course.

6.3 If SONNENTOR makes use of its right of withdrawal pursuant to the above clause, you may demand participation in another Online Live Course of at least equivalent value if SONNENTOR is able to offer such a course from its range of courses at no extra charge to you. You must assert your claim against SONNENTOR without delay after receipt of the declaration by SONNENTOR.

6.4 If you do not exercise your right in accordance with the above clause, SONNENTOR will immediately refund any fee already paid for participation in the Online Live Course concerned. Here, SONNENTOR uses the same means of payment that you used for the original transaction, unless expressly agreed otherwise.

7) Changes or cancellation of live online courses

7.1 SONNENTOR reserves the right to change the time, instructor and/or content of the Online Live Courses, provided that the change is reasonable for you, taking into account SONNENTOR's interests. Only insignificant changes in performance that become necessary after conclusion of the contract and were not brought about by SONNENTOR in bad faith are reasonable. SONNENTOR will inform you in good time in the event of a change in time, course instructor and/or course content.

7.2 In the event of a significant change in performance, you may withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if SONNENTOR is able to offer such a course from its range at no extra charge to you.

7.3 If several services are the subject of the contract, in the aforementioned cases your withdrawal is limited to the service affected by the change (“partial withdrawal”). The partial withdrawal has no effect on the other agreed services. You can only withdraw from the entire contract if you are not interested in the other agreed services.

7.4 You must assert your rights under the above clause immediately after SONNENTOR has informed you of the change in performance.

7.5 SONNENTOR is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. If the online live course is cancelled, SONNENTOR will try to find an alternative date.

8) Content of the Services and Educational Materials

8.1 SONNENTOR is the holder of all rights of use that are necessary for the provision of the Services. This also applies with regard to teaching documents that may be provided to you in connection with the provision of services.

8.2 Any performance-related teaching material (e.g. teaching documents) will only be provided to you made available in electronic form via email or for download. Unless otherwise agreed, you have no right to receive the teaching material in physical form.

8.3 You may only use the contents of the Services, including any teaching materials provided, to the extent necessary in accordance with the purpose of the contract as agreed by both parties. In particular, you are not entitled to record the content of the services or parts thereof or to reproduce, distribute or make publicly accessible teaching documents without special permission from SONNENTOR.

9) Granting of rights of use to digital content and transfer

9.1 The provision of digital content shall take place exclusively via the provision of an online video stream using appropriate technical means.

9.2 Unless otherwise stated in the content descriptions on the SONNENTOR website, SONNENTOR grants you the non-exclusive, spatially and temporally unrestricted right to use the provided digital content exclusively for private purposes.

9.3 The granting of rights only becomes effective when you have paid the contractually owed remuneration in full. SONNENTOR can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.

10) Liability for defects

The statutory liability for defects applies.

11) Liability

SONNENTOR is liable to you for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

11.1 SONNENTOR is fully liable for any legal reason

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

11.2 If SONNENTOR negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Significant contractual obligations are obligations that the contract imposes on SONNENTOR according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely.

11.3 SONNENTOR's liability is excluded in all other respects.

11.4 The above liability provisions also apply with regard to SONNENTOR's liability for its vicarious agents and legal representatives.

12) Applicable Law

12.1 All legal relations between the parties shall be governed by the law of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has her/his habitual residence is not withdrawn.

12.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

13) Jurisdiction

If you act as a merchant, a legal entity under public law or a special fund under public law based in the sovereign territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of SONNENTOR. If you are based outside of the territory of the Republic of Austria, the place of business of SONNENTOR is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the above cases, SONNENTOR is always entitled to appeal to the court at your registered office.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 SONNENTOR is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Last update: April 5, 2023

 

Withdrawal Policy

All information regarding our withdrawal policy can be found at withdrawal/return.