Terms & Conditions & Cancellation
– Contractual terms
The General Terms and Conditions (GTC) are an important part of our website. They serve to define our contractual conditions and to fulfil our information obligations. In particular, they contain details about products, prices, contract conclusion, termination and revocation. Our GTC have been carefully formulated to comply with legal requirements.
– What our privacy policy covers.
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.
1.2 The contractor is entitled to award the required services to subcontractors in its own name and for its own account, who in turn may also employ subcontractors. The contractor remains the sole contractual partner of the client. Subcontractors will not be employed if it is clear to the contractor that their use would be contrary to the legitimate interests of the client.
1.3 If, in addition to these General Terms and Conditions, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these additional contractual documents shall take precedence over these General Terms and Conditions in the event of a contradiction.
1.4 Unless expressly agreed, the Contractor shall not accept any general terms and conditions used by the Client that deviate from these Terms and Conditions.
2. Subject matter of the contract and scope of services
2.1 The Contractor shall, as an independent entrepreneur, provide the following services to the Client:
Consultations, sports and creative activities, music, cooking, food, dance, boat trips, hiking, diving, group sessions on mental and physical health, experiential education
2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and conscientiousness in accordance with the latest status, rules and findings.
2.4 The contractor is obliged to provide the services owed in accordance with the contract. When carrying out his work, however, he is not subject to any instructions with regard to the type of provision of his services, the place of provision of the service or the time of provision of the service. However, when dividing up the days of activity and the time allocation on these days, he will determine these himself in such a way that optimum efficiency is achieved in his work and in the realization of the subject matter of the contract. The contractor's provision of services takes place solely in agreement and coordination with the client.
3. Client's obligation to cooperate
It is the client's responsibility to provide the information, data and other content that he is required to provide for the purpose of fulfilling the service completely and correctly. The contractor is in no way liable to the customer for delays and delays in the provision of the service that arise due to late and necessary cooperation or assistance from the client; the provisions under the heading "Liability/Indemnity" remain unaffected by this.
4. Remuneration
4.1 The remuneration is agreed on an individual contract basis.
4.2 The remuneration is to be paid after the services have been provided. If the remuneration is calculated according to time periods, it is to be paid after the expiry of the individual time periods (Section 614 of the German Civil Code). In the case of expense-related billing, the contractor is entitled, subject to deviating agreements, to invoice the services provided on a monthly basis.
4.3 After the services have been provided, the Contractor will send the Client an invoice by post or email (e.g. as a PDF). Payment is due within 14 days of receipt of the invoice.
5. Liability / Indemnity
5.1 The contractor is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, due to a guarantee promise, unless otherwise regulated in this regard, or due to mandatory liability. If the contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above sentence. Material contractual obligations are obligations that the contract imposes on the contractor in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. Otherwise, the contractor's liability is excluded. The above liability regulations also apply with regard to the contractor's liability for his vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims made by third parties against the Contractor due to violations by the Client of these Terms and Conditions or of applicable law.
6. Contract duration and termination
6.1 The duration of the contract and the notice periods for ordinary termination shall be agreed upon individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 The contractor must return or destroy all documents and other content provided to him immediately after the contract has ended, at the customer's discretion. The assertion of a right of retention is excluded. Electronic data must be completely deleted. Documents and data for which there is a longer statutory retention period are excluded, but only until the end of the respective retention period. The contractor must confirm the deletion to the company in writing at the company's request.
6. Contract duration and termination
6.1 The duration of the contract and the notice periods for ordinary termination shall be agreed upon individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 The contractor must return or destroy all documents and other content provided to him immediately after the contract has ended, at the customer's discretion. The assertion of a right of retention is excluded. Electronic data must be completely deleted. Documents and data for which there is a longer statutory retention period are excluded, but only until the end of the respective retention period. The contractor must confirm the deletion to the company in writing at the company's request.
7. Confidentiality and data protection
7.1 The contractor will treat all processes that come to his knowledge in connection with the order as strictly confidential. The contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information covered by the contract. The obligation of confidentiality applies indefinitely beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the order.
8. Final provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.
8.2 Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions of these Terms and Conditions shall not be affected thereby.
8.3 The Client will support the Contractor in providing the contractual services by providing appropriate cooperation, where necessary. In particular, the Client will provide the Contractor with the information and data required to fulfil the contract.
8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the registered office of the Contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.
8.5 The contractor is entitled to change these terms and conditions for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or business or corporate strategy) and within a reasonable period of time. Existing customers will be notified of this by email at least two weeks before the change comes into effect. If the existing customer does not object within the period set in the notification of the change, his consent to the change is deemed to have been given. If he objects, the changes do not come into effect; in this case, the contractor is entitled to terminate the contract extraordinarily at the time the change comes into effect. The notification of the intended change to these terms and conditions will indicate the period of time and the consequences of the objection or failure to object.
9. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
Our email address can be found in the heading of these Terms and Conditions.
- General terms and conditions of business
– for the provision of services
from El Sueñito, Quinta do Paraiso, 8400-558 Carvoerio
E-mail: info@elsuenito.com (hereinafter "Contractor") to its customers (hereinafter "Client")
1. Scope
These General Terms and Conditions (GTC) apply after their inclusion to all contracts concluded for the purchase of goods, services or other goods (hereinafter "goods") in the online shop at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online shop represent a non-binding invitation from the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The order of the goods(s) is made via the provider's online order form. After selecting the desired goods(s), entering all requested mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (order). By placing the order, the customer makes a binding contractual offer to purchase the selected goods(s). The contract is concluded when the provider accepts the customer's offer. Acceptance occurs when the provider confirms the conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer, or when the provider delivers the ordered goods and these goods are received by the customer, or when the customer requests payment from the customer (e.g. invoice or credit card payment in the ordering process) and the payment request is received by the customer; the decisive factor for the time of conclusion of the contract is the time at which one of the alternatives mentioned in the first half of the sentence occurs for the first time.
2.3 Before submitting the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is submitted and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The provider will save the contract text after the conclusion of the contract and send it to the customer in text form (e.g. by email). The provider will not make the contract text available beyond this.
2.5 The following languages are available for the conclusion of the contract: German, English, Spanish, Portuguese
3. Right of withdrawal for consumers
Consumers generally have a right of cancellation for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. Details can be found in the cancellation policy, which is made available to every consumer immediately before the contract is concluded at the latest.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include VAT plus any shipping costs listed. The customer is informed about the available payment options in the provider's online shop.
4.2 If "SEPA direct debit" is agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the customer will be informed when to expect the agreed purchase price to be debited (pre-notification). The direct debit will not be debited before receipt of this pre-notification and not before the deadline stated in the pre-notification. If the direct debit fails due to insufficient funds in the account, incorrect bank details being provided or for other reasons for which the customer is responsible, the customer will bear any chargeback fees incurred if he is responsible for the failure of the direct debit.
4.3 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.4 If payment via “PayPal” is agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If "instant transfer" is agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via Sofort GmbH, Theresienhöhe 12, 80339 Munich.
5. Retention of title
The purchased goods remain the property of the provider until the purchase price has been paid in full.
6. Delivery and self-supply
reservation
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.
6.2 Unless otherwise agreed, deliveries by forwarding agents are made “free curbside”. This means delivery to the public curb closest to the specified delivery address.
6.3 If the provider is unable to deliver the ordered goods because he himself was not supplied through no fault of his own, even though he concluded a congruent hedging transaction with a reliable supplier in good time, the provider is released from his obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner will be reimbursed to him immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and Indemnity
8.1 The provider is liable without limitation:
for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
due to a guarantee promise, unless otherwise agreed;
due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the previous paragraph. Material contractual obligations are obligations that the contract imposes on the provider in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.
8.3 Otherwise, the liability of the provider as well as the liability of its vicarious agents and legal representatives is excluded.
8.4 The customer shall indemnify the provider against any claims by third parties – including the costs of legal defense in their statutory amount – asserted against the provider due to actions by the customer that are unlawful or contrary to the contract.
9. Data Protection
The provider treats its customers' personal data confidentially and in accordance with the statutory data protection regulations. For more information, please see the provider's privacy policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law results in a consumer habitually resident in the EU being deprived of mandatory legal provisions of the law of his or her country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider's registered office is responsible, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The registered office of our company can be found in the heading of these General Terms and Conditions.
10.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
11. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The provider takes part in a dispute resolution procedure before a consumer arbitration board. The responsible body is the universal arbitration board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).
Our email address can be found in the heading of these Terms and Conditions.
- General terms and conditions of business
– for the online shop
for the online shop at the URL
https://www.elsuenito.com/category/all-products
operated by
El Sueñito, Quinta do Paraiso, 8400-558 Carvoerio
Email: info@elsuenito.com, phone number: 01737914834
(hereinafter "Provider")