General Terms and Conditions (GTC)
Section 1 – Overview
This website is operated by DISHOP LLC. Throughout the site, the terms ‘site operator’, ‘provider’, ‘we’, “us” and ‘our’ refer to DISHOP LLC. DISHOP LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We address our users on our website in the respectful ‘you’ form, living human being to living human being.
When you visit our website and/or purchase something from us, you are using our ‘Service’ and agree to be bound by the following terms and conditions, including the additional terms and conditions and policies referenced herein and/or available by hyperlink.
Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.
Section 2 – Scope of Application, Customer Information
(1) The following General Terms and Conditions govern the contractual relationship between the website operator and all users or consumers and entrepreneurs who purchase goods via this online shop. We do not recognise any terms and conditions that conflict with or deviate from our terms and conditions.
(2) ‘Consumer’ is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to your commercial nor your independent professional activity.
(3) ‘Entrepreneur’ is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
(4) The contract language is German.
Section 3 – Copyright
(1) The website and the content and works created by the website operator are subject to copyright. Duplication, processing, distribution and any kind of utilisation outside the limits of copyright law require the written consent of the respective author or creator. Insofar as the content was not created by the website operator, the copyrights of third parties are respected. In particular, third-party content is labelled as such. Should a copyright infringement nevertheless be recognisable, we request that you notify us accordingly. If we become aware of any infringements, we will remove such content immediately.
(2) The provider authorises the customer to share the experience gained at seminars with his family and informally with his friends. Publicly sharing or teaching the information and techniques offered on this site and in our seminars is not permitted without the prior written permission of the provider.
(3) It is forbidden to use our content and works for illegal, public purposes or for purposes not authorised by us.
(4) We reserve the right to refuse service to a user or customer at any time for any reason.
(5) Violation or breach of any of these Terms will result in immediate cancellation of the Services.
Section 4 – Conclusion of Contract
(1) The presentation of goods on this website does not constitute a binding offer to conclude a purchase contract. The customer is merely invited by our offer to confirm our offer in a legally binding manner by placing an order.
(2) By clicking on the button concluding the order, the customer makes a legally binding conclusion of a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer also recognises these terms and conditions as solely applicable to the legal relationship with the provider.
(3) The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the supplier. Acceptance of the contract offer only takes place from the moment when the provider accepts the customer's legally binding order and begins to fulfil the contract concluded in this way.
Section 5 – Storage of Your Order Data
(1) Your order with details (e.g. type of product, price, etc.) will be saved by us. If you have set up a customer account with us, you can access your orders at any time under ‘My orders’.
(2) For further details on the storage of your data, please read our privacy policy.
Section 6 – Right of Cancellation
(1) If you as a customer are not an entrepreneur, you are generally entitled to a right of cancellation.
(2) Our cancellation policy applies to the right of cancellation.
(3) You can find details on this in our returns policy, which can be viewed on the website.
(4) A sample cancellation form is available on our website under ‘Shipping & Delivery’.
Section 7 – Retention of Title
Unless expressly agreed otherwise, payments to us are to be made in advance (by bank transfer) upon receipt of the order confirmation e-mail; no services will be provided before receipt of payment. The object of purchase remains our property until full payment has been made.
Section 8 – Guarantee
(1) With regard to the warranty, the provisions of the applicable statutory liability for defects of the nation from which the delivery is made shall apply, unless otherwise agreed.
(2) Warranty towards entrepreneurs: Warranty claims due to defects in the purchased item shall expire one year after the transfer of risk. Excluded from this provision are claims for damages, claims for defects which we have fraudulently concealed and claims arising from a guarantee which we have assumed for the quality of the item. The statutory limitation periods shall apply to these excluded claims.
(3) The customer is obliged to provide proof of purchase in order to be able to assert his warranty rights. The purchased product must be clearly identifiable as a product of the supplier. The existence of the serial number, the label or other proof of purchase can be considered as proof. It is therefore recommended that you do not remove the serial number, label or proof of payment after purchase in order to simplify the warranty process.
Section 9 – Mistakes, Inaccuracies and Omissions
(1) Occasionally our site or service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is incorrect at any time without prior notice (including after you have submitted your order).
(2) We undertake no obligation to update, amend or clarify any information relating to the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any update dates quoted in relation to the Service or on any related website should not be taken to indicate that all information in relation to the Service or on any related website has been changed or updated.
Section 10 – Limitation of Liability
(1) Although we provide our services with the greatest possible care, we shall only be liable for intent and gross negligence and - to the extent permitted by law - limited to the foreseeable, direct and contract-typical average damage. This also applies to indirect consequential damages, such as loss of profit in particular. This limitation of liability shall not apply in the event of injury to life, limb or health of the customer.
(2) Furthermore, we cannot accept any liability
(a) for the topicality and correctness of the information contained on our website. Liability claims against us caused by the use or non-use of the information provided are excluded;
b) to the extent permitted by law, for services provided by us but supplied by third parties;
c) for the content of third-party websites to which a link is provided from our website;
d) for force majeure.
(3) The above limitations of liability shall also apply to our vicarious agents.
Section 11 – Changes to the General Terms and Conditions
(1) You can view the latest version of the General Terms and Conditions on our website at any time.
(2) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions will constitute your acceptance of those changes when you place a new order under the modified Terms and Conditions.
Section 12 – Final Provisions, Severability Clause
In the event of legal disputes, the ordering party recognises that the arbitration body of UNCITRAL in Paris will be called upon before any legal dispute arises.
Should provisions of these General Terms and Conditions of Business be wholly or partially invalid or lose their legal validity, this shall not affect the validity of the remaining General Terms and Conditions of Business. The same shall apply in the event that these General Terms and Conditions of Business contain a provision that is not regulated. In place of the invalid provision or in order to fulfil the unresolved matter, an appropriate provision shall be made which, as far as legally possible, comes closest to what the parties to the contract intended or would have intended according to the spirit and purpose of the contract if they had considered this point. If the invalidity of a provision is based on a measure of performance or time (deadline or date), a legally permissible measure shall take its place. The parties to the contract are obliged to specify a necessary change by formally amending the wording of the contract. In addition to the regional legal provisions of the nation in which the delivery takes place, the UN Convention on Contracts for the International Sale of Goods, also known as the Vienna Sales Convention, shall apply, unless this has been explicitly excluded within the permissible framework. For us, commercial honour is the highest good. Contract comes from contract.
Jurisdiction: Wyoming 82001, USA.