GTC

General Terms and Conditions of Cosmic Power


General Information
1.         The website under the URL cosmicpower.de and the corresponding subpages are operated by the (hereinafter referred to as the "Webseite")

Association Cosmic Power® e.V.,
represented by the board member Frieda Melichar,
Sonnleitstraße 37, 83483 Bischofswiesen
District court of Traunstein VR 201927;
Telefon +49 8652 656465,
E-Mail: office(at)cosmicpower.de

(hereinafter „Cosmic“). The following general terms of use (Part A) apply to the use of the offers and services provided free of charge on the website, in particular to the registration and creation of a free user account as well as to the registration for receiving the newsletter.

2. The website also offers the possibility of booking paid services from Cosmic. In addition to Part A, the General Terms and Conditions of Business in Part B shall apply to these services. Insofar as a regulation in Part B contradicts a regulation in Part A, the regulation in Part B applies. Please note: The business relationship between Cosmic and the respective user or customer is established with respect to the products to be purchased via the website.

3. Cosmic does not acknowledge any terms and conditions of the User that contradict or deviate from these General Terms and Conditions of Use (Part A) or General Terms and Conditions of Business (Part B) unless Cosmic confirms such terms and conditions in writing.

A.        General terms of use

1. User group, free services ("my account" etc.), registration

1.1.      The services of the website are only available to users who have reached the age of 18. Users who have reached the age of 14 and use the website with the consent of their legal guardians are exempted.

1.2       Insofar as users have the option of registering for certain services on the website, they must register once by entering the data requested via an input mask (e. g. name, e-mail address, home address). The user's e-mail address is used, for example, for communication with Cosmic, in particular to inform the user about expiring test accounts or licenses or for other system messages in connection with the user's account. As part of the registration process, the user is obliged to fill in the registration form - if marked as mandatory field - completely and correctly. If changes are made, the data must be updated. The user is liable for damage caused by culpably incomplete or incorrect information.

1.3       The contract with regard to a free but registration-requiring service (e. g. user account) comes into effect with the sending of the registration form by the user and confirmation of the registration by Cosmic or notification of the activation of the user account, if necessary with notification of the access data.

Please note: In the case of a free service there is no right of cancellation according to § 312 Abs. 1 BGB (German Civil Code). However, you have the possibility to terminate a free service at any time without notice (please refer to Section 5 of these General Terms and Conditions of Use (Part A)).

1.4       The access data of the user account must be treated in a personal and confidential manner, stored carefully and protected against loss or disclosure by third parties. The user is not entitled to provide other persons with the access data for the use of the website. Each user bears the full responsibility for activities under his/her access data. Cosmic shall only be liable for damages resulting from unauthorized access in case of intent and gross negligence. The user must notify Cosmic immediately if there are indications of misuse of his/her access data. Cosmic reserves the right to block access to the website in case of misuse.

1.5       Cosmic is entitled to terminate the user's registration with immediate effect if the user repeatedly notices violations of these terms and conditions of use due to contributions that violate these terms and conditions of use, or otherwise violates these terms and conditions of use and does not remedy this violation after a reminder with setting of a deadline, or if the violation is repeated.

2.         Contents of the website

2.1       The contents of this website are protected by copyright. Every user has the right to use the offered contents for his personal, non-commercial purposes, in particular to print them out for himself or to save them as files. In addition, users are not permitted to use content in any form whatsoever without the prior written consent of Cosmic, in particular to duplicate, distribute, make publicly accessible or to reproduce or edit content. In particular, the user may not transfer and/or store the contents of the website into other networks (such as school, university, company, public authority intranets, file sharing networks, etc.) unless Cosmic has given its written consent to do so.

2.2       Cosmic makes every effort to ensure that the content of this website is up-to-date and free of errors. Nevertheless, their timeliness and accuracy cannot be ensured or guaranteed. Cosmic is not liable for any loss or damage incurred by a user who relies on the contents of the website.

2.3       Cosmic reserves the right to change the content and structure of the website and the services it provides at any time. This also includes the discontinuation of certain offers and services. In principle, no claims arise for the user from the previous use.

3.         Rights and obligations of the user, copyright

3.1       The user undertakes to observe and comply with the applicable laws of the Federal Republic of Germany, in particular the copyright law and the personal rights of third parties, and not to use the contents and services of the website for illegal purposes. In particular, it is forbidden to register third parties for the newsletter service without their knowledge and consent or to set up a user account for them without their knowledge and consent.

3.2       The user may not misuse the website. In particular, he may not send automated search queries or save results automatically.

3.3       Acts of users aimed at rendering Cosmic's website or services inoperable or impeding their use are prohibited and will be prosecuted under civil and criminal law. These include, in particular, measures that can influence the physical and logical structure of one or more services or parts thereof.

3.4       Insofar as the user makes use of any offers available on the website for exchange with Cosmic or other users, especially if he posts his own content on the website (e. g. in the context of a forum or blog), the user grants Cosmic the permanent, irrevocable, non-exclusive and free of charge right to publish this content of the user on the website and to make it available to any third party for private use and to download it via electronic communication networks (such as the Internet and mobile phone networks) to any stationary and mobile devices on demand or as a push and to reproduce these contents for the above-mentioned purposes and to edit them in the form and design (but not in terms of content).

4.         Accessibility of the website, liability

4.1       Cosmic does not warrant or assume any liability for the continued availability of the website or individual services, but will make every effort to keep the website and services available to the user without the user being entitled to a specific availability. In particular, Cosmic reserves the right to restrict or suspend operating hours for technical reasons, e. g. due to maintenance or repair work.

4.2       Cosmic points out that computer programs or applications/services cannot be developed to run flawlessly for all requirements. Cosmic does not warrant that the website or its applications/services and the computer programs or applications/services used for this purpose will meet the special requirements of the user and therefore run flawlessly on all computers and Internet browsers.

4.3       Cosmic shall not be liable for any loss or damage to data arising from the use of the website or failure of the website.

4.4       Cosmic shall not be liable for any liability on the part of Cosmic, unless Cosmic is guilty of intentional or grossly negligent conduct.In addition, Cosmic shall be liable to the extent that essential contractual obligations (cardinal obligations) are negligently breached. Essential contractual obligations are those obligations which the contract has to grant to the user according to its sense and purpose or whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the user may regularly rely. In this case, Cosmic's liability is limited to the foreseeable damage typical for this type of contract.

If you are an entrepreneur, the following shall apply in addition: In the event of breach of cardinal obligations and only slightly negligent conduct on the part of Cosmic, Cosmic's liability shall be limited to three times the net invoice amount of the delivery or service causing the damage.

4.5       Cosmic's statutory, no-fault liability, such as liability under the Product Liability Act or statutory warranty liability, shall remain unaffected by the aforementioned limitations of liability. This also applies to Cosmic's liability for culpable injury to life, limb or health.

4.6       Insofar as Cosmic's liability is excluded or limited, this shall also apply to the personal liability of its legal representatives and vicarious agents. The limitations of liability also apply to all types of claims, including those arising from tort law.

4.7       The aforementioned liability conditions apply to all contractual and non-contractual claims resulting from this agreement or the use of the publisher's websites and services.

5.         Cancellation of the free services (e. g. user account or "my account")

5.1       The user may terminate the user relationship with regard to free services (e. g. user account or "my account") at any time without notice by sending an e-mail, letter or fax to

Association Cosmic Power® e.V.
Sonnleitstrasse 37
83483 Bischofswiesen

office(at)cosmicpower.de 

A surrender of possibly drawn uses or compensation for value for possibly drawn uses is not owed.

5.2       Cosmic is entitled to terminate the user's registration with immediate effect if the user repeatedly notices violations of these terms and conditions of use due to contributions that violate these terms and conditions of use, or otherwise violates these terms and conditions of use and does not remedy this violation after a reminder with setting of a deadline, or if the violation is repeated.

6.         Data Protection

Our information on data protection can be found here...

7.         Trademarks and copyrights

7.1       "COSMIC" and the logo "Cosmic Power" are registered trademarks. Logos and other marks (especially work titles) are also protected by trademark law. The use of these names or the associated logos is only permitted with the prior written consent of the publisher.

7.2       Furthermore, the contents of the website, in particular photos, are protected by copyright. These may not be duplicated or used in any other way except for private purposes. Publication requires the prior consent of Cosmic.


B.        General terms and conditions

1.         Scope of application

1.1       These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all registrations for seminars or other services made by consumers (§ 13 BGB) or entrepreneurs (§ 14 BGB (German Civil Code) via Cosmic's website.

1.2       A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his commercial or self-employed professional activity. Entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

2.        Conclusion of a contract

2.1       If you wish to make use of a chargeable service, you must register once on the website with your user data and a self-chosen password. The contract with Cosmic comes into effect after clicking the button "register now for a fee" (= offer) and acceptance by Cosmic. Acceptance takes place with the explicit confirmation of the customer's registration for the seminar according to section 2.2 below.

2.2       We can accept your registration by sending a separate order confirmation by e-mail or by post within days. Confirmation of receipt of the registration will be sent by automated e-mail (so-called "Confirmation of receipt") immediately after sending the registration and does not constitute acceptance of the contract.

3.          Right to cancellation

3.1       Consumers are entitled to a legal right of withdrawal within 14 days.
 

RIGHT TO CANCELLATION 

You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must notify us

Association Cosmic Power e.V,

Sonnleitstrasse 37,
D-83483 Bischofswiesen
Telefon +49 8652 656465,
E-Mail: office(at)cosmicpower.de


by means of a clear declaration (e. g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the sample revocation form provided, but it is not mandatory.

Download: Sample revocation form...

In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.

CONSEQUENCES OF REVOCATION

If you revoke this contract, we will refund to you immediately all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this refund as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this refund.

If you have requested that the services should start during the withdrawal period, you must pay us a adequate amount corresponding to the proportion of services already provided up to the time you inform us of the exercise of the withdrawal right with regard to this contract, compared to the total amount of services provided in the contract.

4.         Prices and delivery costs

The prices quoted on the product pages include VAT and other price components.

5.         Payment

5.1       Payment can be made either by PayPal, credit card (via Paypal), direct debit (via PayPal) or payment in advance.

5.2    If you choose to pay in advance, we will provide you with our bank details in the registration confirmation. If you pay by direct debit or credit card, your account will be debited 2 days after confirmation of registration. Invoices are due according to the payment terms stated in the invoice.

6.         Warranty

The statutory warranty law applies.

7.         Further information about the registration process

Once you have found the desired service, you can view it without obligation by clicking the button [Info/Login]. If you want to book the service, please log in with your user name and password and click on [Login] or enter your data by clicking on the button [Create account]. The mandatory fields are marked with a *. A registration is required. Your data is transmitted in encrypted form. After entering your data and selecting the payment method, click on the button [Check entries] to go to the order page, where you can check your entries again. By clicking the button [Purchase/order for a fee] you complete the registration process. The process can be aborted at any time by closing the browser window.

8.       Data Protection

Our information on data protection can be found here... 

9.       Online dispute resolution

Under this link: www.ec.europa.eu/consumers/odr the European Commission provides a platform for online dispute resolution (OS platform).

Important information on dispute resolution procedures before a consumer conciliation body:

We are under no obligation to settle disputes with consumers or are willing to participate in a dispute resolution procedure before a consumer arbitration board.

C.        Final provisions

1.         These Terms of Use are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2.         Should one of the clauses of these terms of use be or become invalid, this does not affect the validity of the remaining clauses. The ineffective clauses shall be replaced by effective provisions which are as close as possible to the terms and conditions of use in their entirety as possible from a factual, legal and economic point of view. The same procedure is to be followed if the terms of use should have a gap.

3.         Place of fulfilment and jurisdiction is Berchtesgaden, as far as the user is a merchant or does not have a residence in Germany. Cosmic Power reserves the right to take legal action against the user at his or her general place of jurisdiction.

4.         If the term "written form" is used, an e-mail or fax shall also correspond to this written form.

5.         These Terms and Conditions of Use (Part A), the General Terms and Conditions (Part B) as well as the further data of the usage relationship will be stored by Cosmic Power after conclusion of the contract. The order data and the general terms and conditions will be sent to you by e-mail. The Terms of Use and the General Terms and Conditions are available in English. They are available in their current form on the website.

6.         The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

7.         Should individual provisions of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions.

As of February 2018