General Terms and Conditions

Scope of Application, Definitions
Services provided by the organizer
Conclusion of the contract
Right of withdrawal for consumers
Prices and payment terms
Eligibility to participate, assignment of the contract
Failure to meet the minimum number of participants
Changes to or cancellation of the event
Contractual right of withdrawal (Cancellations)
Course materials
Liability
Governing law
Jurisdiction
Alternative dispute resolution

1) Scope of Application, Definitions

1.1 These General Terms and Conditions (hereinafter “GTC”) of SophiaMatrix UG (limited liability) (hereinafter “Organizer”), apply to all contracts for participation in courses/seminars (hereinafter “Event”) that a consumer or business (hereinafter “Customer”) enters into with the Organizer regarding the events presented on the Organizer’s website. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Services provided by the organizer

2.1 The Organizer offers both online and in-person events. The content of the event is specified in the respective course description on the Organizer’s website.

2.2 For online events, the Organizer provides its services exclusively in electronic form via online video streaming using appropriate technical means. To this end, the Organizer provides the Customer with suitable application software prior to the start of a video transmission, whereby the Organizer may also utilize the services of third parties for this purpose. To ensure error-free participation in the online video transmission, the Customer’s system must meet certain minimum requirements, which are communicated to the Customer on the Organizer’s website. The Customer is responsible for ensuring compliance with the system requirements. The Organizer is not liable for technical problems attributable to the Customer’s inadequate system requirements.

2.3 For in-person events, the Organizer provides its services exclusively through personal contact with the Customer and in premises selected by the Organizer for this purpose. Unless otherwise stated in the Organizer’s course description, the Customer has no right to select a specific venue for the desired event.

2.4 The Organizer provides its services through qualified personnel selected by the Organizer. In doing so, the Organizer may also utilize the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Organizer’s course description, the Customer has no right to select a specific person to conduct the desired event.

2.5 The organizer provides its services with the utmost care and to the best of its knowledge and belief. However, the organizer does not guarantee a specific outcome. In particular, the organizer does not guarantee that the customer will achieve a specific learning outcome or that the customer will reach a specific performance goal. This depends not least on the customer’s personal commitment and will, over which the organizer has no influence.

3) Conclusion of the contract

3.1 The events described on the organizer’s website do not constitute binding offers on the part of the organizer, but are intended to enable the customer to submit a binding offer.

3.2 The customer may submit their offer using the online registration form provided on the organizer’s website. In doing so, after entering their data into the registration form, the customer submits a legally binding contractual offer regarding the selected event by clicking the button that completes the registration process. Furthermore, the customer may also submit the offer to the organizer via email or by telephone.

3.3 The organizer may accept the customer’s offer within five days,

by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or email), in which case the receipt of the confirmation of registration by the customer is decisive, or
by requesting payment from the customer after the customer has submitted their contractual declaration.
If several of the aforementioned alternatives apply, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting 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 organizer does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent. The same applies if the event selected by the customer begins before the expiration of the acceptance period and the organizer does not accept the customer’s offer at least 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 When registering via the organizer’s website, the contract text is stored by the organizer after the contract is concluded and transmitted to the customer in writing (e.g., email, fax, or letter) after the customer submits their order. The organizer will not make the contract text available in any other form.

3.5 Before submitting a binding offer via the organizer’s online registration form, the customer may correct their entries at any time using standard keyboard and mouse functions.

3.6 The German language is available for the conclusion of the contract.

3.7 If the customer registers additional participants for an event, they undertake to be responsible for the contractual obligations of all participants they have registered, provided they submit a corresponding declaration at the time of registration.

4) Right of withdrawal for consumers

Pursuant to Section 312g(2)(9) of the German Civil Code (BGB), consumers do not have a right of withdrawal for contracts for the provision of services related to leisure activities if the contract specifies a specific date or time period for the provision of such services.

5) Prices and payment terms

5.1 Unless otherwise specified in the organizer’s offer, the prices listed are total prices that include the applicable sales tax.

5.2 Costs for travel, lodging, and meals for in-person events are not included in the price and must be borne by the customer, unless otherwise specified in the organizer’s course description.

5.3 Payment options are communicated to the customer on the organizer’s website.

5.4 If advance payment by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

5.5 When paying via a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/ de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Eligibility to participate, assignment of contract

6.1 Only the person named in the registration confirmation is eligible to participate. A transfer of the contract to a third party is permitted only with the organizer’s consent.

6.2 If a third party enters into the contract between the customer and the organizer, the third party and the customer shall be jointly and severally liable to the organizer for the participation fee and any additional costs that may arise from the third party’s entry into the contract.

7) Failure to meet the minimum number of participants

7.1 The organizer may set a minimum number of participants for its courses. If a minimum number of participants is set, the organizer will expressly indicate this in the course description.

7.2 If the minimum number of participants is not reached, the organizer may withdraw from the contract by notifying the customer no later than seven days before the course begins. The organizer will send the customer its notice of withdrawal immediately upon becoming aware that the minimum number of participants has not been reached, and no later than seven days before the course begins.

7.3 If the organizer exercises its right of withdrawal pursuant to the preceding clause, the customer may request participation in another event of at least equivalent value, provided the organizer is able to offer such an event from its program at no additional cost to the customer. The customer must assert this request to the organizer immediately upon receipt of the organizer’s notice.

7.4 If the customer does not exercise their right under the preceding clause, the organizer shall immediately refund any participation fee already paid by the customer.

8) Changes to or cancellation of the event

8.1 The organizer reserves the right to change the time, location, instructor, and/or content of the event, provided that the change is reasonable for the customer, taking into account the organizer’s interests. Only minor changes to the services that become necessary after the contract is concluded and were not caused by the organizer in bad faith are considered reasonable. The organizer will inform the customer in a timely manner in the event of a change to the time, location, instructor, and/or content of the event.

8.2 In the event of a significant change to the services, the customer may withdraw from the contract free of charge or, alternatively, demand participation in another event of at least equivalent value if the organizer is able to offer such an event from its portfolio at no additional cost to the customer.

8.3 The customer must assert the rights under the preceding clause against the organizer immediately after being informed of the change in services.

8.4 The organizer is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, in exchange for a full refund of any participation fee already paid. In the event of cancellation, the organizer will endeavor to arrange an alternative date.

9) Contractual right of withdrawal (Cancellations)

Notwithstanding any statutory right of withdrawal that may apply, the Organizer grants the Customer the right to cancel their registration for an event organized by the Organizer free of charge under the following conditions (contractual right of withdrawal):

9.1 The customer may cancel their registration up to 14 days before the start of the booked event without providing a reason by submitting a written statement (e.g., email) to the organizer. The date of receipt of the notice by the organizer is decisive for compliance with the cancellation deadline. If the customer cancels their registration within the deadline, the organizer will refund any participation fee already paid in full within two weeks of receiving the notice. For this purpose, the organizer may use the same payment method that the customer used to pay the organizer.

9.2 Any statutory right of withdrawal the customer may have is not restricted by the right of withdrawal set forth above.

10) Course materials

10.1 The Organizer holds all rights of use necessary for the conduct of the event. This also applies to any materials that may be provided to the Customer in connection with the event.

10.2 The customer may use the content of the event, including any documents provided, only to the extent necessary to fulfill the contractual purpose agreed upon by both parties. In particular, without the organizer’s separate permission, the customer is not authorized to record the event or parts thereof, or to reproduce, distribute, or make documents publicly available.

10.3 For online events, course-related materials (e.g., documents) will be made available to the customer exclusively in electronic form via email or for download. Unless otherwise agreed, the customer has no right to receive the materials in physical form.

11) Liability

The Organizer shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

11.1 The organizer shall be liable without limitation for any legal basis

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, limb, or health,
based on a warranty promise, unless otherwise specified in this regard,
based on mandatory liability, such as under the Product Liability Act.
11.2 If the Organizer negligently breaches a material contractual obligation, liability is limited to foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Organizer, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

11.3 In all other respects, the Organizer’s liability is excluded.

11.4 The foregoing liability provisions also apply with respect to the Organizer’s liability for its vicarious agents and legal representatives.

12) Governing law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

13) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive venue for all disputes arising from this contract shall be the organizer’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the organizer’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the organizer is in any event entitled to bring an action before the court at the customer’s place of business.

14) Alternative dispute resolution

The organizer is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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