Terms & Conditions
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “Terms”) of metaFox GmbH (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these Terms. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online store before submitting his order.
2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.3 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 In the case of goods delivered by a forwarding company, delivery shall be made “free curbside”, i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online store and unless otherwise agreed.
5.3 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller’s revocation instructions shall apply to the return costs.
5.4 Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The Customer is requested to complain about delivered goods with obvious transport damage to the delivery agent and to inform the Seller thereof. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Code of Conduct
The Seller has submitted to the conditions of participation in the eCommerce initiative “Fairness in Commerce”, which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
11) Alternative Dispute Resolution
11.1 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 purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Regulations for open seminars, events, lectures and webinars
1) Scope of application
The following general terms and conditions apply to open seminars, events, lectures and webinars of the seller.
2) Service provision and copyrights
The client acknowledges our copyright to the works (training documents) created by us. The same applies to audio or visual recordings of the training work. Any reproduction/use and/or distribution of the aforementioned works by the client requires our prior written consent.
Payable without deduction within 14 days after receipt of invoice to the account specified in the invoice.
4) Cancellations by the participant / client
a) Written form
Cancellations by the participant / client must be made in writing, e.g. by email to hallo@metaFox.eu or the respective trainer team.
b) Open seminars/lectures
In the case of open seminars/lectures, the following participant fee – in each case stated as a percentage of the agreed participant fee – is due for cancellations by the participant on a staggered basis, unless otherwise agreed for a specific event:
- 40 % up to 42 days before the start of the event at the latest,
- 41 to 28 days before the start of the event 60 %,
- 27 days to 14 days before the start of the event 80 %,
13 days and less before the start of the event 100 %.
The participant is entitled to name a substitute participant in writing for an open seminar or lecture if he or she is prevented from attending. The substitute participant must confirm in writing that he/she is liable for the full participation fee by way of debt assumption. If a substitute participant is provided, no additional fees will be charged.
5) Special regulations for webinars
By downloading or streaming a webinar, we grant the customer a non-transferable license to use that webinar, limited to non-commercial and personal use. The customer is prohibited from sublicensing. The customer is prohibited from using the content of the webinar commercially, copying it or otherwise making it available to third parties without our express consent. The customer is also prohibited from reproducing the webinar in whole or in part.
6) Cancellation policy
6.1 Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, please send us an email to training@metaFox.eu informing us of your decision to withdraw from this contract.
6.2 Consequences of the revocation
If you revoke this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
With your registration, you confirm our General Terms and Conditions for open seminars, events, lectures and webinars.
7) Cancellation of open seminars by metaFox
Seminar events and training can only take place in a meaningful way if there is a minimum number of participants. This number is often around 8 participants, but can vary and is at the discretion of metaFox. For this reason, we reserve the right to cancel events and refund (if already paid) the full participant fee. In this case, cancellations must take place no later than
- 60 days prior to the start of the event in the case of international events that may require booking a longer travel time.
- 14 days before the start of the event for local events lasting one day or more.
- 7 days before the start of the event for evening workshops or webinars.
8) Change of instructors
In case of cancellation of a trainer or other reasons, we are entitled to appoint substitute trainers. As long as the concept of the event is not significantly affected, the change of trainers/lecturers and shifts in the schedule do not entitle the participant to withdraw from the contract or to reduce the participation fees.
9) Exclusion of participants
We are entitled to exclude participants from participation in special cases, e.g. default of payment, disruption of the event or endangering the other participants or themselves.
10) Data storage