General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider ( Maître Philippe & Filles GmbH ) via the website www.maitrephilippe.de/. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase Items are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order summary.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your requests for a quotation are non-binding. We will then submit a binding offer to you in written form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Formation of the contract for courses
(1) The subject of the contract is the provision of courses.
By posting the respective course offer on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.
(2) The contract is concluded via the online shopping cart system as follows:
The courses you intend to book are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "checkout" page and entering your personal data and payment details, you will be shown a final order summary.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button , you legally declare your acceptance of the offer, thereby concluding the contract.
(3) Your requests for a quotation are non-binding. We will then submit a binding offer to you in written form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(4) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 4 Provision of services for courses
(1) The courses shall be conducted 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 is determined by the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g., by email) at least 7 days before the course begins that the booked course will not take place. Any payments already made will be refunded immediately in this case.
(3) If an individual event is cancelled due to the short-term absence of the course leader because of illness or for any other important reason, the services already provided will be refunded immediately.
For events consisting of multiple dates, if a date is cancelled due to the short-term absence of the instructor because of illness or other important reason, the cancelled date will be rescheduled for a later date.
(4) In connection with the use of course rooms and facilities, you must comply with the house rules posted on site. You must follow our instructions and the instructions of the course instructor.
§ 5 Substitute Participants
You can nominate a substitute participant at any time before the course begins. There are no costs associated with this change.
§ 6 Special agreements regarding offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
Further information and Klarna's terms of use can be found here . General information about Klarna can be found here . Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna's privacy policy .
You can find more information about Klarna here . The Klarna app can be found here .
§ 7 Right of retention , reservation of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 9 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather 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 domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§ 10 Youth Protection
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Any existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your name and address details are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery, who have reached the legally required minimum age, receive the goods.
(3) Insofar as we are obliged to carry out an age check due to legal provisions, we shall 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 for age verification.
(4) If, in the respective product description, we specify that you must be 18 years of age or older to purchase the goods, in addition to the legally required minimum age, paragraphs 1-3 above shall apply, with the proviso that the legally required minimum age is replaced by the age of majority.
II. Customer Information
1. Seller's identity
Maître Philippe & Filles GmbH
Emser Str. 42
10719 Berlin
Germany
Telephone: +493088683610
Email: info@maitrephilippe.de
Alternative dispute resolution:
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German. .
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system , you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by e-mail, which you can print 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 respective offer.
5. Prices and payment terms
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. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
5.3. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.
5.4. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
5.6. Unless otherwise agreed, payment for booked courses must be made on site before the start of the course at the latest on the course date; otherwise, there is no entitlement to participation.
6. Delivery conditions
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
7. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were drafted by the IT law specialists at the German Retail Federation (Händlerbund) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
Last updated: January 1, 2022
