I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions (GTC) apply to all contracts that you conclude with us as a provider (Thorsten Ritz) via the website www.ninjutsu-europa.de/shop/. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the contract (with the exception of download products and courses)

(1) The object of the contract is the sale of goods.

Our offers on the Internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.
In this case, the goods intended for purchase are stored in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before submitting the order, you have the opportunity to check all the information here again, to change it (also via the “back” function of the internet browser) or to cancel the purchase.
By submitting the order via the “buy” button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.

(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Conclusion of the Contract for Download Products

(1) The object of the contract is the sale of download products.

As soon as you place the respective download product on our website, we make you a binding offer to conclude a purchase contract under the conditions specified in the article description.

(2) The purchase contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are stored in the “shopping cart”. Via the corresponding button in the navigation bar, the customer can call up the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering the personal data as well as the payment terms, all order data will be displayed again on the order overview page.
Before submitting the order, you have the opportunity to check all the information here again, to change it (also via the “back” function of the internet browser) or to cancel the purchase.
By submitting the order via the “buy” button, you declare your acceptance of the offer in a legally binding manner, whereby the purchase contract is concluded.

(3) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 4 Conclusion of the contract for training courses

(1) The object of the contract is the implementation of training courses.

Furthermore, we also arrange courses from third-party providers.A contract for the mediated courses is only concluded between the third-party provider and you, we ourselves do not become a contractual partner of the concluded contract.

(2) Our course offers on the Internet are non-binding and not a binding offer to conclude a contract.

(3) You can submit a binding contract offer (registration) via the online registration form.
You can use the “Courses” button in the navigation bar to access the courses offered and the registration form in the respective course description under the “Register” button. In the registration form for the course you have requested, you will enter your personal data and other course-related information.
Before submitting the registration, you have the opportunity to check all the information here again, to change it or to cancel the registration.
By submitting the application via the “Binding registration” button, you submit a binding offer to us.
You will first receive an automatic e-mail about the receipt of your registration, which does not yet lead to the conclusion of the contract.

(4) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation of registration.
If you have not received a confirmation of registration within this period, you are no longer bound by your registration. In this case, any services already provided will be refunded immediately.

(5) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(6) The processing of the registration and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 5 Licence of Use for Download Products

(1) The download products offered are protected by copyright. You will receive a simple usage license for each download product purchased from us, unless otherwise stated in the respective article description on the website.

(2) The non-exclusive use license includes permission to save and/or print a copy of the Download Product on your computer or other electronic device for your personal use.
You are prohibited from making any further copy. You are expressly prohibited from modifying or editing any file or any part thereof and making it available to third parties in any way, either privately or commercially.

§ 6 Provision of services during courses

(1) The courses are held in the form described in the respective offers on the agreed dates.

(2) Insofar as the implementation of the courses depends on the number of participants, the minimum number of participants results from the respective offers.

If the minimum number of participants is not reached, we will inform you in text form (e.g. e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already provided will be refunded immediately.

(3) In connection with the use of course rooms and objects, you must comply with the local house rules. They must follow the instructions of the local course director or trainer.

(4) Participation is at your own risk.

§ 7 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. They are also authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. It is up to us to select the collateral to be released.

§ 8 Warranty

(1) The statutory liability rights for defects exist.

(2) If you are an entrepreneur, the following shall apply by way of derogation from subsection (1):

a) Only our own information and the manufacturer’s product description are deemed to have been agreed upon as the nature of the goods, but not other advertising, public praises and statements by the manufacturer.

b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of any obvious defects within 7 days of receipt of the goods, timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later upon discovery. In the event of a breach of the duty to inspect and complain, the assertion of warranty claims is excluded.

c) In the event of defects, we shall provide warranty at our discretion by means of repair or replacement. If the remedy of the defect fails, you can demand a reduction or withdraw from the contract at your discretion. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the item or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

d) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to us from injury to life, limb or health and damage caused by gross negligence or intentional damage or fraudulent intent, as well as to recourse claims according to §§ 478, 479 BGB.

§ 9 Liability

(1) We shall be liable without limitation for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the assumption of the guarantee for the quality of the purchased item and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty is based on the corresponding provision in our customer information (Part II) and General Terms and Conditions (Part I).

(3) Insofar as material contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage typical for the contract. Material contractual obligations are essential obligations that result from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty shall be excluded.

(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.

(6) We do not assume any liability to you in connection with the courses arranged by third-party providers. In particular, we have no influence on the quality of the courses offered by the third-party providers or on the truth and accuracy of the courses offered by the third-party providers.

§ 10 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).

(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The authority to also appeal to the court at another statutory place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 11 Protection of minors

(1) When selling goods that are subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective article description.

(2) By submitting your order, you warrant that you are of legal age and that your information regarding your name and address is correct. You are obliged to ensure that only you or such persons authorised by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.

(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods shown to them for age verification.

(4) Insofar as we state in the respective article description that you must have reached the age of 18 to purchase the goods beyond the legally prescribed minimum age, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the legally prescribed minimum age.

II. Customer Information

1. Identity of the seller

Thorsten Ritz
Hauptstrasse 13
28844 Weyhe
Germany
Phone: 0163/ 7382174
E-mail: th.ritz@ninjutsu-europa.de

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2, § 3 and § 4 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The language of the contract is German.

3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3. In the case of quotation requests outside the online shopping cart system or online registration form, you will receive all contract data by e-mail as part of a binding offer, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the article or service description and the supplementary information on our website.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective article description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you are indicated under a corresponding button on our website or in the respective article description.

5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

When booking courses, payment must be made on site at the latest on the course date before the start of the course, otherwise there is no entitlement to participation.

6. Terms of delivery

6.1. The terms of delivery, the delivery date and, if applicable, any existing delivery restrictions can be found under a corresponding button on our website or in the respective article description.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment is at your risk.

7. Statutory Liability for Defects for Goods

7.1. Liability for defects in our goods and services is governed by the “Warranty” provision in our General Terms and Conditions (Part I).

7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

These terms and conditions and customer information have been prepared by Händlerbund’s lawyers specialising in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.

Stand: 30.10.2018