Terms of Service
1. Scope
The general terms and conditions (hereinafter referred to as "GTC") govern all legal transactions conducted through the website www.mindsetacademy.ch (hereinafter referred to as the "booking page"). Marbitz GmbH manages this booking site and maintains the right to amend these General Terms and Conditions at any moment. The version in effect at the time of booking is the one that counts.
2. Offer
The pricing on the booking page for all online courses, coaching, and workshops (hence referred to as "offers") are non-binding offers. The major elements of the offers, as well as the validity duration of limited offers, can be found on the booking page in the individual product descriptions.
Product information includes illustrations, drawings, and other materials that are only used for the overall presentation of the offers. Until you place your order, all changes or inaccuracies in product information are held. Only those characteristics of the offers that have been expressly labeled as guaranteed properties in text form are assumed to be guaranteed by Marbitz GmbH, and offers are valid for as long as they are found and available on the booking site.
3. Products and Prices
The prices shown are those in effect at the time of your order. Marbitz GmbH retains the right to determine and adjust pricing at any time. If prices have been published incorrectly, Marbitz GmbH reserves the right to notify the customer prior to making an offer so that a price correction can be agreed upon or the booking can be canceled. The prices include statutory VAT and must be paid in the currency mentioned.
4. Conclusion of Contract
A binding booking contract is formed between the customer and Marbitz GmbH when a confirmed booking is made, which is governed by these General Terms and Conditions. Customers and Marbitz GmbH have various rights and obligations as a result of this.
For online courses, the booking is considered finalized once the customer has completed and sent the order form for the offer, the offer fees have been paid on Marbitz GmbH's PayPal or Stripe account, and a booking confirmation has been issued to the customer.
Coaching and workshop bookings are deemed confirmed if the customer and Marbitz GmbH have agreed in writing on the price, payment terms, implementation time, and other specific terms of the respective offer.
5. Payment Methods & Refunds
Bank transfers, as well as major credit and debit cards, are accepted as forms of payment. The customer is responsible for any transfer fees. Refunds are typically issued in the same manner as the original payment.
6. Maturity
The agreed offer fee for online courses is required at the time of purchase and must be paid within the time frame provided during registration (typically 10 minutes for PayPal and Stripe payments). The booking will be automatically deleted if the course fee is not paid or is paid late.
The offer cost for coaching and workshops is due in accordance with the terms established in point 4.
7. Observance and Protection of Copyright and Trademark Rights
Copyright protects documents (videos, scripts, graphics, audio files, and so on) offered as part of an offer or made available for Internet access. Trademark law protects the trademarks and logos listed on the papers. Without Marbitz GmbH's consent, the customer is required to use the papers and files made available to them only in the ways that are expressly permitted or required by mandatory legal restrictions, and not to encourage unlawful use by other parties.
This holds true even after an offer has expired. Customers may only access (download) and print the files and materials for their own training purposes. All rights to use the materials and papers are reserved otherwise. As a result, even after the conclusion of an offer, the production of copies of files or printouts for third parties, the transfer or mailing of files to third parties, or any other usage for purposes other than one's own study, requires the express and previous written agreement of Marbitz GmbH.
This reservation of consent does not apply to forms of usage that are permitted by mandatory legal provisions.
8. Right of Withdrawal for Online Courses
Within fourteen days of the contract's conclusion, the consumer has the ability to withdraw purchased online courses without giving a reason.
In order to exercise the right of cancellation, Marbitz GmbH must be notified in clear writing of the decision to cancel the reservation (e.g. an e-mail or a contact form submitted on the booking page). This can be done using the model cancellation form below, although it is not required.
Good day,
I am canceling (*) the contract I entered into for the purchase of the following online course (*).
Reason for revocation (*): optional
Ordered on (*)
Date, name and email of the customer (*)
It is sufficient to send the communication regarding the exercise of the right to cancel before the cancellation period has expired to fulfill the cancellation deadline.
9. Cancellation of Coaching or Workshops By the Customers
By the Customers
The cancellation date is the day Marbitz GmbH receives the customer's written cancellation of participation. Any cancellation fees are discussed separately between the customer and Marbitz GmbH under point 4 for each booking.
It is normally not possible to postpone the starting date of the coaching or workshop (at the request of the customer). If Marbitz GmbH agrees to a delay under exceptional circumstances after a booking has been made, the cancellation periods for the dates of the originally booked offer remain in effect.
By Marbitz GmbH
Marbitz GmbH reserves the right to discontinue offers for a variety of reasons, including health. Already paid offer fees will be returned in full and without reservation in such circumstances. A refund can be waived and the course rescheduled if both parties agree.
Replacement offers will be organized as soon as the situation permits in the event of cancellations due to epidemics, pandemics, wars, or force majeure in general.
10. Confidentiality of Access Data
Customers receive their own access data when they purchase an online course and can access it at www.mindsetacademy.ch. The customer's access data (user name and password) are solely for individual usage of the purchased online course and must be kept private and not shared with others. The access data can be erased and replaced by Marbitz GmbH at any moment upon the customer's request.
11. IT Infrastructure and Software
At their own expense and risk, customers are responsible for the technical equipment and software (hardware, Internet connection, web browser, Acrobat Reader, etc.) required to use an online course from Marbitz GmbH.
12. Privacy
Personal data may be collected, processed, and utilized in particular circumstances, such as when starting, closing, and processing a booking contract and, if necessary, for advertising purposes. These will not be handled further without the customer's explicit consent.
The data will only be shared with third parties if it is required for the order to be processed. This is true, for example, of the bank that processes payments (e.g. PayPal, etc.).
The data protection regulations provide more information.
13. Modification of Terms and Conditions
Marbitz GmbH retains the right to modify the General Terms and Conditions at any time by deleting, modifying, or supplementing them. In this scenario, the customer will be notified of the change in terms and conditions, and they will be given the opportunity to express their approval to the new terms within 14 days of receiving the notification. If Marbitz GmbH does not receive a declaration within the specified time frame, the assent to the modified General Terms and Conditions is deemed granted.
14. Disclaimer
Marbitz GmbH disclaims all duty in connection with its offers to the extent permitted by law.
15. Governing Law and Jurisdiction
The customer's relationship with Marbitz GmbH is governed solely by Swiss legislation. Zurich, Canton of Zurich, Switzerland is the court's jurisdiction.
16. Final Provisions
Individual provisions of these General Terms and Conditions may be or become invalid in whole or in part, but the validity of the other parts will not be affected. In this scenario, the law takes precedence over the void provision.
Date: May 11th, 2022
