Terms
1. Scope of Application & Exclusion Clause
(1) The legal relationships established through this online shop between the operator of the shop (hereinafter "Provider") and its customers are governed exclusively by the following General Terms and Conditions in the version applicable at the time of the order.
(2) Any differing general terms and conditions of the customer are rejected.
2. Formation of the Contract
(1) The presentation of goods/offers in the online shop does not constitute a binding offer by the Provider to conclude a purchase contract. The customer is thereby merely invited to submit an offer by placing an order.
(2) By submitting the order in the online shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also acknowledges these terms and conditions as solely authoritative for the legal relationship with the Provider.
(3) The Provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contractual offer by the Provider. It merely serves to inform the customer that the order has been received by the Provider. The declaration of acceptance of the contractual offer is effected by delivery of the goods / service or an explicit declaration of acceptance.
(4) The seller may accept the customer's offer within five days,
- by transmitting to the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract is formed at the point in time when one of the aforementioned alternatives first occurs. The deadline for accepting the offer begins on the day after the customer sends the offer and ends upon expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
(5) If a payment method offered by PayPal is selected, payment is processed via 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 Use, 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 conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button completing the ordering process.
(6) When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g. email, fax or letter) after the order has been sent. Any further access to the contract text by the seller is not provided. If the customer has set up a user account in the seller's online shop prior to sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login details.
(7) Prior to binding submission of 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 browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button completing the ordering process.
(8) The contract is concluded exclusively in English.
(9) Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to handle order processing can be delivered.
3. Retention of Title
The delivered goods remain the property of the Provider until full payment has been received.
4. Due Date
Payment of the purchase price is due upon conclusion of the contract.
5. Warranty
(1) The customer's warranty rights are governed by the general statutory provisions unless otherwise stipulated below. The provisions of § 6 of these T&Cs apply to claims for damages by the customer against the Provider.
(2) The limitation period for warranty claims by the customer is 2 years for new goods and 1 year for used goods in the case of consumers. For business customers, the limitation period for both new and used goods is 1 year. The foregoing reduction of limitation periods does not apply to claims for damages by the customer arising from injury to life, body or health, nor to claims for damages arising from a breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract, e.g. the Provider's obligation to deliver goods free of material defects and legal defects and to transfer ownership. The foregoing reduction of limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. For business customers, the right of recourse under § 478 BGB is also excluded from the reduction of limitation periods.
(3) No guarantee is given by the Provider.
6. Limitation of Liability
(1) Claims for damages by the customer are excluded unless otherwise stipulated below. The foregoing exclusion of liability also applies in favour of the Provider's legal representatives and vicarious agents if the customer asserts claims against them.
(2) Excluded from the exclusion of liability set out in clause 1 are claims for damages arising from injury to life, body or health, and claims for damages arising from a breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract, e.g. the Provider's obligation to deliver goods free of material defects and legal defects and to transfer ownership. Also excluded from the exclusion of liability is liability for damages based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents.
(3) The provisions of the Product Liability Act (ProdHaftG) remain unaffected.
7. Prohibition of Assignment and Pledging
The assignment or pledging of claims or rights to which the customer is entitled against the Provider is excluded without the Provider's consent, unless the customer can demonstrate a legitimate interest in the assignment or pledging.
8. Set-Off
The customer's right to set off only exists if their counterclaim has been established by final judgment or is undisputed.
9. Choice of Law & Jurisdiction
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all claims in connection with the business relationship is the registered office of HEMMA. Hemma Marenzi is also entitled to bring an action at the general place of jurisdiction of the customer.
10. Severability Clause
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Miscellaneous
Grant of Rights of Use for Digital Content
Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive, geographically and temporally unrestricted right to use the provided content solely for private purposes.
Passing on the content to third parties or making copies for third parties outside the scope of these T&Cs is not permitted, unless the seller has consented to the transfer of the contractual licence to the third party.
The grant of rights only becomes effective once the customer has paid the contractually owed remuneration in full. The seller may provisionally permit use of the contractual content prior to this point in time. No transfer of rights takes place through such provisional permission.
Retreat Terms and Conditions
Please read our terms and conditions carefully before participating in a HEMMA Boutique Retreat. We are a small independent business run with great passion and energy. Please understand that we must make non-refundable payments in advance in order to create these unique experiences.
Reservation & Deposit
For some retreats we would like to get to know you in advance. Please understand that the experiences are very unique and we carefully select participants so that everyone has the best possible experience.
With your reservation we ask for a deposit of EUR 500. Reservations by email or phone are not yet considered an official booking. Your reservation is only officially confirmed after we have received your deposit or proof of payment. By transferring your deposit you confirm that you have read and accepted the terms and conditions on this page. Please add your name and the name of the retreat to your payment details.
Payment
Please transfer the remaining payment no later than 6 weeks before the start of the retreat to secure your place. We will send you a reminder one week before the final payment deadline. Should we not receive your payment in time, we will make your place available to those on the waiting list and you will forfeit your deposit. No refund, no exceptions.
Your Cancellation
You may change or cancel your participation up to 6 weeks before the start of the retreat. Changing your booking to another HEMMA Boutique Retreat is free of charge up to 6 weeks before the start of the originally booked retreat. If you wish to cancel your reservation, a cancellation fee of EUR 200 will be deducted from your deposit and we will refund the remaining amount of EUR 300. Please send us your bank details together with your cancellation. Unfortunately, changes and cancellations made within the 6 weeks before the start of the retreat cannot be accommodated and you will forfeit your payment.
Participants who cancel 8 or more weeks before the start of the booked retreat will forfeit 100% of the total retreat fee. If you are unable to attend the retreat, you may find a substitute. In this case, we will refund your registration fee less a processing fee of €50 once payment from the substitute has been received.
Our Cancellation
If we have to cancel a retreat, we will notify you as soon as possible and you may request a full refund of your payment or transfer your booking to an upcoming retreat. HEMMA is not liable for your expenses incurred in connection with preparing for the retreat, such as flights, loss of income, visa fees and/or other costs associated with preparing your trip.
A Loving Condition
Due to non-refundable payments that we must make in advance to secure the retreat, no exceptions can be made to our policies for any reason, including (but not limited to) natural disasters, bad weather, acts of terrorism, illness, pandemics, health conditions, medical or personal or family or professional emergencies, or a change of mind. If you are unable to reach the retreat due to unforeseen circumstances such as (but not limited to) strikes, weather conditions and missed, delayed or cancelled flights, retreat fees are unfortunately non-refundable and non-transferable. If you arrive late or must leave your retreat early, no refund will be given for the remaining time of your planned stay.
Travel and Health Insurance
We strongly recommend taking out travel insurance or cancellation insurance. Furthermore, you participate in classes, hikes and workshops at your own risk and must use your own judgment as to which movements, positions and exercises are appropriate for your fitness level, general physical condition and experience, as well as your mental stability. All participants must have international health insurance that also covers medical care and transport home if required. All guests must either be vaccinated against COVID-19 or present a negative test result no older than 48 hours.
Our Rights
HEMMA reserves the right to exclude a participant from the retreat if their behaviour is disruptive.
HEMMA reserves the right to hold a guest liable if they cause damage to the house or property. The retreat guest is liable for any losses and all damage (house, surrounding grounds, pool and all facilities) that occur during the stay.
HEMMA reserves the right to change the programme, teachers or team members at any time.
HEMMA reserves the right to offer discounted prices at its own discretion. This does not affect the booking of already registered guests who have already paid the full price.
The organisers are not liable for failures that are outside their control (natural disasters, airport closures, accidents or non-performance by third parties, including suppliers and subcontractors).
The organisers are not responsible for organising accommodation or travel, and both must be paid for at the participant's own expense.
If you have any questions or need further information about our terms and conditions, please do not hesitate to contact us at any time: [email protected]
Thank you for your understanding and compliance with our terms and conditions. We very much look forward to welcoming you soon!