Terms and conditions


Table of contents

Terms and Conditions for the Academy’s courses

1 General Provisions and Validity

2 Individual support and supervision

2.1 Registration conditions for one-to-one support

2.2 Cancellation fee

3 Training programmes (or, synonymously, courses), seminars and workshops

3.1 Enrolment conditions for training courses

3.2 Withdrawal and rebooking

3.3 Services and Prices

3.4 Course locations

3.5 Deviations in delivery

3.6 Participant conduct

3.7 Conditions of Participation and Liability

4 Customer or participant data

4.1 Accuracy and completeness of data

4.2 Data Protection

5 Copyright

6 Trade mark protection

7 Jurisdiction and applicable law

8 Final Provision

Terms and Conditions for Publishing and Retail 

1 Scope

2 Conclusion of the contract

3 Right of withdrawal

4 Prices and Terms of Payment

5 Delivery and Dispatch Terms

6 Granting of rights of use for digital content

7 Retention of title

8 Warranty and Damages

9 Liability

10 Applicable law and jurisdiction

11 Code of Conduct

12 Alternative Dispute Resolution

13 Written Form and Severability Clause

Disclaimer

Liability for content

Liability for links


Terms and Conditions for the Academy’s courses

… or for training courses, seminars, workshops, one-to-one support, supervision and similar activities.

1 General Provisions and Validity

The following general terms and conditions provide a solid foundation and a clear framework for our relationship regarding your education or further training at akademie bios – Dr. Ernestina Mazza OG, hereinafter referred to as akademie bios®.

These Terms and Conditions come into force on 21 July 2018 and replace all previous Terms and Conditions. They apply to all registrations, products and services from that date onwards.

Please read our terms and conditions carefully, as by booking services from akademie bios® you agree to our general terms and conditions, which are available here and on our website in digital form at any time, and are also available for inspection on the premises of akademie bios®. Please do not hesitate to contact us if you have any questions.

2 Individual support and supervision

2.1 Registration conditions for one-to-one support

When registering for individual support, there may be longer waiting times (due to high demand) and your preferred appointment may be placed on a waiting list. Your position on the waiting list does not determine the allocation of the next available appointments. akademie bios® reserves the right to handle appointment requests according to its own priorities and urgency. From the moment an appointment is agreed verbally or by telephone (by mutual agreement), akademie bios® will – where possible – send an appointment confirmation message via email or text message within one day, stating the key appointment details and providing a direct link to these Terms and Conditions in written form online on the provider’s website – usually at www.akademiebios.at.

akademie bios® reserves the right to cancel or postpone appointments – subject to prior notice of at least one day – without this giving rise to any claims whatsoever on the part of the participant.

2.2 Cancellation fee

Should you be unable to attend an agreed appointment, please notify the secretariat as early as possible by telephone (leaving a message on the mobile voicemail if necessary) or by email – but NOT by text message. For appointments involving individual support, the participant has NO option to provide a replacement participant. For appointments cancelled between 48 and 24 hours (i.e. two to one working day) in advance, we will charge a cancellation fee of 50 per cent of the cost of the agreed appointment. For appointments that are not cancelled at all or are cancelled less than 24 hours (i.e. one working day) in advance, we must charge a cancellation fee of 100 per cent of the cost of the agreed appointment – i.e. the full cost of the appointment.

3 Training programmes (or, synonymously, courses), seminars and workshops

The terms ‘training programmes’ (or, synonymously, ‘courses’), ‘seminars’ and ‘workshops’ cover all initial, further and continuing training programmes, specialised training programmes, one-day seminars and special events offered by the provider.

3.1 Enrolment conditions for training courses

Registration for events must be made in writing via email, using an online registration form, or by signing the organiser’s printed registration form in person, and is binding on the participant from the outset. Upon successful registration, a confirmation of registration will be sent by akademie bios®.

Decisions regarding registration and admission to a training course or seminar are made on a case-by-case basis by the course leader or the management. akademie bios® reserves the right to reject applications for a training course or seminar without giving reasons. As the number of participants in training courses and seminars is limited, admission is determined, amongst other factors, by the order in which applications are received and, where applicable, by the date on which the enrolment fee is received. Once the maximum number of participants has been reached, interested parties will be placed on a waiting list. They will be notified accordingly should places become available or a similar course be offered in the future.

Every course participant has the right to withdraw from the contract free of charge within 7 working days – Saturdays not being counted as working days – from the date the contract is concluded.

3.2 Withdrawal and rebooking

If a contract for participation in a seminar or course is concluded within 7 days before the start of the relevant event, free withdrawal is excluded. Should the course or seminar participant nevertheless declare their withdrawal or failure to attend the event, the applicable cancellation fee must be paid.

3.2.1 Cancellation fees for training courses and seminars

If a course participant withdraws outside the free-of-charge withdrawal period specified above from a multi-part training course (with at least 2 training sessions), the following cancellation fee will be charged: on cancellation up to 4 weeks before the start of the event, the enrolment fee; up to 1 week before the start of the course, the enrolment fee and 10 per cent of the total cost of the training course; and thereafter, the enrolment fee and 25 per cent of the total cost of the respective training course.

For seminars and events with no enrolment fee, withdrawal is free of charge up to one week before the seminar begins; thereafter, 25 per cent of the seminar fee will be charged as a cancellation fee.

If a participant discontinues a seminar or course after the event has begun, the full course fee must be paid and no refund of the course or seminar fee will be given. In the case of multi-part events, no refund of the current course or seminar fee is possible either, and 50 per cent of the total cost of the parts of the course not yet attended will be charged as a cancellation fee.

Both the participant and the party to be invoiced become contracting parties of akademie bios® in the external relationship. The course or seminar participant and his or her employer are jointly and severally liable for the full payment of the course or seminar fees, including any interest.

3.2.2 Compliance with the attendance requirement

Attendance of at least 85 per cent is compulsory in every training course and seminar. If this requirement is not met, it will not be possible to sit the final examination and, in any event, no certificate of attendance will be issued (even if there is no compulsory examination).

In the event of non-attendance at any part of a course (a multi-part training programme or seminar), 100 per cent of the course or seminar fees will be charged – whereby 20 per cent of this amount will be credited as a training discount, which cannot be redeemed for cash, towards future training courses and seminars from the next course year (October to July) – unless good cause can be shown. Good cause includes, for example, an illness certified by a doctor or psychotherapist, pregnancy from the end of the seventh month onwards, or a significant personal reason such as the death of a close relative, which has either been publicly announced or can otherwise be credibly conveyed.

These cancellation fees in the event of non-attendance are also regarded as payment for the provision or dispatch of any available MP3 recordings of the content and any lecture notes relating to the missed part of the course, without any entitlement to them.

Missed course parts may be made up through independent study and practice, together with supervision, or – subject to agreement with the course leader or the management – in other relevant training programmes, subject to a fee (i.e. at the same cost per unit of time or at the same total cost for the same duration).

3.2.3 Course suspension

A course may be suspended for good cause. However, such a suspension does not alter the originally agreed payment obligation. Missed lessons may be made up in a course taking place at a later date.

3.2.4 Exclusion from participation

akademie bios® may exclude a participant from attendance or terminate the contract on the grounds of unsuitability, behaviour that significantly impairs the quality of an event, non-payment of course fees, or for other good cause.

3.3 Services and Prices

In addition to the teaching sessions, the services provided for an event may, in some cases, also include lecture notes or study materials (and, where a compulsory enrolment fee applies, in some cases a textbook or a training DVD); however, it does not include one-off examination fees. Travel and accommodation costs are also not included. akademie bios® cannot accept liability for printing or typographical errors in its publications and on its websites. Prices are final prices in euros, including any applicable taxes in Austria.

3.3.1 Individual payment agreement

Where an individual payment arrangement is agreed, it should be noted that not only will the portion of the course fees already paid not be refunded, but that the course participant is required to pay the full amount. For each reminder (following a previous payment reminder), reminder fees of €20.00 and interest on arrears at a rate of 12.00% per annum will be charged. The course participant is jointly and severally liable for these costs.

3.3.2 Special terms

With regard to any special terms offered (discounts, vouchers), please note that payment must be received or the vouchers redeemed within the agreed timeframe; otherwise, the agreed special terms cannot be honoured and will therefore lapse.

3.4 Course locations

All main and branch locations of akademie bios®, as well as those of selected partners, are eligible as course venues. Should there be insufficient room capacity available, alternative premises will be rented. Participants will be notified of any changes to the course venue at least one day before the start of the relevant event.

3.5 Deviations in delivery

akademie bios® also reserves the right to replace announced course leaders or trainers with others and to make any necessary changes to the programme and venue, whilst preserving the overall character of the event. In particular, we reserve the right to cancel the event for good cause (e.g. illness of a trainer, insufficient number of participants). In the event of cancellation, participants will be informed immediately and the course fee will be refunded in full. We cannot reimburse any costs incurred by participants as a result of such cancellations or changes to dates or venue.

In the event of any further changes made without good cause, these shall be deemed to have been accepted unless akademie bios® receives written notification of withdrawal from the amended event within one week. Should it no longer be possible to guarantee the continuation of an ongoing training course or seminar due to a decline in participant numbers or for other reasons, this event may be amended or merged with another course of the same content.

The stated course end date is an approximate guide. The contracting parties are not entitled to make any claims against akademie bios®, on whatever grounds or of whatever nature, arising from a change in course venues, individual course dates or the course end date. Where possible, every effort will be made to give notice of such changes at least 24 hours before the start of the event by email, text message, telephone or verbally on site; however, no entitlement to such notice exists.

3.6 Participant conduct

Participants are prohibited from engaging in any commercial activities during the events. It is therefore not possible to advertise, offer or sell one’s own products in any form, either within or outside the training courses and seminars. Each participant acknowledges the organiser’s right to determine who may enter and remain on the respective premises (Hausrecht). If a participant disrupts a course or seminar through their conduct or behaviour, or if a participant repeatedly fails to comply with the instructions given by the course or seminar leader or their course assistant that are necessary for the smooth running of the course or seminar, they may be excluded from the seminar. In such cases, the course or seminar fee must be paid in full.

3.7 Conditions of Participation and Liability

The training courses and seminars offered by akademie bios® entitle participants to practise the skills learnt in a professional capacity within the framework of the law. Further details can be found in the individual descriptions of the training courses and seminars – generally kept up to date on the website. However, the training courses that may be practised within the scope of the trade licence of an ‘Energetiker’ (energy practitioner) entitle neither to the practice of medicine as a healthcare profession nor to psychotherapy.

Participants attend the events on their own responsibility and may not make any claims against the organisers, the teaching team or other course participants in respect of any consequences. Each seminar is carefully prepared and conducted in accordance with the current state of knowledge. akademie bios® accepts no liability for advice given or for the application of the knowledge acquired. Claims for damages against the organisers relating to losses caused by the use of the information provided in the seminars are excluded, unless the organisers have demonstrably acted intentionally or with gross negligence.

Attendance at the training courses and seminars on offer does not in any way replace medical, psychiatric or psychotherapeutic treatment or counselling. If you are currently undergoing such treatment or have an urgent need for it, the organisers must be informed of this at the latest upon registration.

akademie bios® accepts no liability for participants’ personal belongings, including the learning materials provided.

4 Customer or participant data

4.1 Accuracy and completeness of data

The customer or participant is responsible for ensuring that all details are correct and complete, and for notifying akademie bios® of any changes to their address, email address or contact details. akademie bios® may send notifications to the customer or participant at the email address or postal address provided in the booking or registration until akademie bios® has been notified in writing of a change of address.

4.2 Data Protection

All participants’ personal details will be treated confidentially. You can find detailed information on data protection on our Data Protection page.

5 Copyright

The respective trainers, consultants or course and seminar organisers reserve all rights to the reprinting and reproduction of event media, data carriers and lecture notes, documents for individual support sessions, as well as training materials or parts thereof. No part of the training materials may – not even in extracts – be reproduced in any form, in particular processed using electronic systems, duplicated, distributed or used for public performance, without their written permission, not even for the purposes of designing lessons. Audio/visual recordings made before, after or during the courses or seminars – including in part – are permitted only with the written authorisation of the organisers and may only be used in a personal context and for the private purpose of revising the course content, but under no circumstances may they be exploited commercially or made available free of charge to the public or to third parties. In any event, a copy of all audio/visual recordings must be made available to the organisers in a suitable digital format. All associated rights to use and publish such material, without restriction as to location or time, are automatically transferred to the organiser upon this handover. The same applies to course notes provided voluntarily.

6 Trade mark protection

All terms used by akademie bios® that are marked with a ® (registered) are registered word or word and figurative marks and are subject to trade mark protection. The use of these trade marks, in particular by course graduates for their own professional activities, is permitted only after signing a licence agreement which governs their use under trade mark law and serves as a quality assurance measure.


7 Jurisdiction and applicable law

The Graz-Ost District Court or the Graz Regional Court, Austria, is agreed as the court of jurisdiction. This contract is governed by Austrian law, to the exclusion of the conflict-of-laws provisions of Austrian private international law. The conditions of participation shall remain binding in their remaining parts even if individual provisions are legally invalid. Invalid provisions shall be replaced by provisions that most closely approximate the economic purpose of the invalid ones. Any agreements deviating from these General Terms and Conditions shall only be valid if they are agreed in writing. This also applies to any waiver of the written form requirement itself.

8 Final Provision

Our activities do not constitute a substitute for a medical diagnosis, therapy or treatment. We do not treat, diagnose or prescribe; in other words, all statements made are descriptions of (energetic/emotional) states. We regard all sessions or seminars as a form of prevention, as an accompaniment to and complement of conventional medical or psychotherapeutic treatments, or as support for holistic regeneration.

Terms and Conditions for Publishing and Retail 

… or for the sale of analogue and digital products.

1 Scope

1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of akademie bios – Dr. Ernestina Mazza OG (hereinafter “the Seller”), apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller locally or in its online shop or on its order form. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

These Terms and Conditions come into force on 21 July 2018 and replace all previous Terms and Conditions. They apply to all registrations, products and services from that date onwards.

1.2 These Terms and Conditions shall apply accordingly to contracts for the supply of goods featured in the Seller’s product catalogue, unless expressly stipulated otherwise.

1.3 These Terms and Conditions shall apply accordingly to contracts for the supply of digital content, unless expressly stipulated otherwise.

1.4 For the purposes of these Terms and Conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor related to their self-employed 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 entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.

1.5 Digital content, as defined in these Terms and Conditions, refers to all data not stored on a physical data carrier, which is produced in digital form and made available by the Seller subject to certain rights of use, as set out in more detail in these Terms and Conditions.

2 Conclusion of the contract

2.1 The product descriptions contained in the online shop, on the order pages and in the Seller’s order form do not constitute binding offers on the part of the Seller, but serve to enable the Customer to make a binding offer.

2.2 The Customer may submit their offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button that finalises the ordering process.

2.3 When ordering goods featured in the Seller’s product catalogue, the Customer may submit their offer to the Seller by telephone, fax, email or post.

2.4 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 email), in which case the date on which the Customer receives the order confirmation shall be decisive, or
  • by delivering the goods ordered to the Customer, in which case the date on which the goods are received by the Customer shall be decisive, or
  • by requesting payment from the Customer once they have placed their order.

The contract is concluded at the time when one of the aforementioned alternatives first 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 Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g. by email) together with these Terms and Conditions once the order has been submitted.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is the sole language available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and an automated order processing system. 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 this address. In particular, if the Customer uses spam filters, they must ensure that all emails 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 withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal information.

4 Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value added tax. Any additional delivery and postage costs, where applicable, are specified separately in the relevant product description and are generally not included in the purchase price.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate charges) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise even if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options are communicated to the Customer in the online shop or on the Seller’s order form.

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

4.5 If the ‘purchase on account’ payment method is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the ‘purchase on account’ payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the Seller will inform the Customer of any such payment restriction in the payment details provided in the online shop or on the order form. In the event of late payment, interest at a rate of 12% per annum shall be charged. Irrespective of this, the Customer shall compensate the Seller for all losses incurred as a result of the late payment within 14 days of being requested to do so. The Seller reserves the right to make price changes between the time of ordering and delivery.

5 Delivery and Dispatch Terms

5.1 Goods shall be delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. Delivery times and dates are always approximate. Partial deliveries and partial invoicing are permitted. Deliveries are generally subject to stock availability. Unless otherwise stated on the order page, postage is currently free for orders from Austria and Germany (Switzerland: actual postage costs), regardless of the value, weight or size of the parcel.

5.2 If the carrier returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful delivery. This shall not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the Seller had given them reasonable prior notice of the service. Furthermore, this does not apply to the costs of the initial delivery if the Customer effectively exercises their right of withdrawal. Where the Customer effectively exercises their right of withdrawal, the provisions set out in the Seller’s withdrawal information shall apply to the costs of returning the goods.

5.3 Where the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall, as a general rule, not pass to the Customer until the goods have been handed over to the Customer or to a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer – even in the case of consumers – as soon as the Seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the Customer has commissioned the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, and the Seller has not previously named this person or organisation to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply by its own supplier. This applies only where the failure to supply is not attributable to the Seller and the Seller has, with due care, entered into a specific covering transaction with the supplier. The Seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and the payment shall be refunded without delay.

5.5 In the case of collection in person, the Seller shall first inform the Customer by email that the goods they have ordered are ready for collection. Upon receipt of this email, the Customer may collect the goods from the Seller’s premises by arrangement with the Seller. In this case, no delivery charges will be incurred.

5.6 Digital content shall be provided to the Customer exclusively in electronic form as follows:

– via download or

– by email

6 Granting of rights of use for digital content

6.1 Unless otherwise stated in the description of the content in the Seller’s online shop, the Seller grants the Customer a non-exclusive right, unrestricted in terms of location and time, to use the content provided for the exclusively private purpose of personal further education.

If the Customer is an entrepreneur, the Seller grants the Customer a non-exclusive right, unrestricted in terms of location and time, to use the content provided for the purposes of personal, professional or in-house further training for themselves, but not to use it for any other commercial purposes or to exploit it commercially. 

If the Customer acts as a (book) dealer, reseller or agent, the Seller grants the Customer the right to sell the content provided to an end consumer in return for a reasonable, agreed commission and, consequently, to grant only that end consumer the non-exclusive right, unrestricted in terms of location and time, to use the content provided for exclusively private purposes (such as personal further education).

6.2 The passing on of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the Seller has consented to the transfer of the licence covered by the contract to the third party.

6.3 The grant of rights shall only take effect once the Customer has paid the contractually agreed remuneration in full. The Seller may provisionally authorise the use of the content covered by the contract even before this point in time. Such provisional authorisation does not constitute a transfer of rights.

7 Retention of title

7.1 In dealings with consumers, the Seller retains title to the goods delivered until the purchase price owed has been paid in full.

7.2 In dealings with entrepreneurs, the Seller retains title to the goods delivered until all claims arising from an ongoing business relationship have been settled in full.

7.3 If the Customer is acting as an entrepreneur, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The Customer hereby assigns to the Seller in advance all claims against third parties arising therefrom, in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller shall not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment and no application has been made to open insolvency proceedings.

8 Warranty and Damages

If the goods purchased are defective, the provisions of the statutory warranty or liability for defects shall apply. Notwithstanding this, the following shall apply:

8.1 If the Customer is acting as an entrepreneur,

  • the Seller has the choice as to the nature of the subsequent performance;
  • for new goods, the limitation period for defects is one year from the transfer of risk;
  • in the case of second-hand goods, rights and claims arising from defects are generally excluded;
  • the limitation period does not recommence if a replacement delivery is made under the warranty for defects.

8.2 The limitations of liability and shortened limitation periods set out in the preceding clauses shall not apply

  • for claims by the Customer for damages and reimbursement of expenses, as well as
  • in the event that the Seller has fraudulently concealed the defect.

8.3 If the Customer is acting as a consumer, they are requested to lodge a complaint with the delivery company regarding any goods delivered with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so shall have no effect whatsoever on their statutory or contractual rights in respect of defects.

8.4 In the case of resellers, the Seller reserves the right, should a warranty claim be made, to remedy a defect in a product by replacing it with a defect-free one. Complaints must be submitted to the Seller in writing immediately upon receipt of the goods, failing which liability and warranty are excluded.

9 Liability

The Seller 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:

9.1 The Seller shall be liable without limitation on any legal grounds

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a guarantee undertaking, unless otherwise stipulated in this regard,
  • on the basis of mandatory liability, such as under the Product Liability Act (PHG).

9.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to half the purchase price in respect of which liability arises or to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. This also applies in the event of delay or impossibility of performance. For consumers within the meaning of the Consumer Protection Act (KSchG), compensation shall be paid to the extent provided for by law. Essential contractual obligations are obligations which the contract imposes on the Seller, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Customer may reasonably rely.

9.3 In all other respects, the Seller’s liability is excluded.

9.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

10 Applicable law and jurisdiction

10.1 These Terms and Conditions and all contracts concluded on the basis thereof shall be governed exclusively by Austrian law, to the exclusion of the laws on the international sale of goods. The place of performance is Graz. The place of jurisdiction shall be the court having local and subject-matter jurisdiction over the registered office of akademie bios – Dr. Ernestina Mazza OG. 
If the Customer is a consumer within the meaning of the Consumer Protection Act (KSchG), jurisdiction shall lie with the court within whose jurisdiction the Customer’s place of residence, habitual residence or place of employment is situated.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal in the case of consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are outside the European Union – with the exception of Switzerland and Liechtenstein.

11 Code of Conduct

11.1 The Seller has agreed to abide by the terms and conditions of participation for the ‘Fairness in Trade’ e-commerce initiative, which can be viewed online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

12 Alternative Dispute Resolution

12.1 The European Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts to which a consumer is a party.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

13 Written Form and Severability Clause

These Terms and Conditions and all contracts concluded on the basis thereof may only be amended or supplemented in writing.
Should any provision of these Terms and Conditions be or become invalid and/or incomplete, the invalid provision shall be replaced by a legally valid provision that most closely approximates its economic effect. Should individual provisions of these Terms and Conditions not be in accordance with mandatory statutory provisions, this shall not affect the remaining provisions of these Terms and Conditions. The invalidity or incompleteness of a provision shall not affect the validity of the other provisions.

Disclaimer

Liability for content

As a service provider, we are, amongst other things, a hosting provider within the meaning of § 16 E-Commerce Act (ECG), as we enable third parties to store information (including in comments and forums). We are generally responsible for our own content on these pages in accordance with general legislation. However, pursuant to § 18 para. 1 ECG, as a service provider we are not obliged to monitor third-party information that is transmitted or stored, nor are we obliged to investigate circumstances that indicate unlawful activity.

We comply with our obligations to remove or block access to manifestly unlawful content in accordance with general legislation, pursuant to § 16 para. 1 subpara. 2 ECG. However, liability in this regard only arises from the moment we become aware of a specific infringement. Should we become aware of any such infringements, we will remove the content in question immediately.

Liability for links

Our website contains links to external third-party websites over whose content we have no control. We therefore accept no liability for this external content. The respective provider or operator of the linked pages is always responsible for their content. The linked pages were checked for possible legal infringements at the time the links were created. No unlawful content was identifiable at the time the links were created.

However, it is not reasonable to expect us to monitor the content of linked pages on an ongoing basis without specific evidence of a legal infringement. Should we become aware of any legal infringements, we will remove such links immediately.

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