Important note: The German version of the document will govern our relationship. This translated version is provided or convenience only and will not be interpreted to modify the German version. For the German version please see the German Allgemeine Geschäftsbedingungen.

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (LuminoSana Ltd.) via the website Luminosana.shop. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods including digital content (data created and provided in digital form).

Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You may submit a binding purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the “shopping cart.” You may access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there at any time. After clicking the “Checkout” or “Continue to Order” button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.

Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also using the “back” function of the internet browser), or cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay,” “buy” / “buy now,” “place paid order,” or similar designation), you submit a binding offer to us.

(3) Acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received such a message, you are no longer bound by your order. Any services already provided will be refunded immediately in this case.

(4) Your inquiries regarding the preparation of an offer are non-binding for you. We submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless another period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address stored with us is correct, that receipt of emails is technically ensured and, in particular, not prevented by spam filters.

§ 3 License of Use for Digital Content

(1) The digital content offered is protected by copyright. You receive a license of use for each digital content purchased from us from the respective licensor. The type and scope of the license of use are determined by the license provisions stated in the respective offer.

(2) Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive, unlimited right of use, in particular permission to save and/or print a copy of the digital content for your personal use on your computer or other electronic device.

You are not entitled to rent, sublicense, publicly reproduce, otherwise make accessible, or otherwise make available to third parties the digital content subject to the contract or parts thereof, whether for payment or free of charge.

§ 4 Individually Designed Goods

(1) You shall provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract at the latest. Any specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of legal representation required in this context.

(3) We do not review the transmitted data for content accuracy and therefore assume no liability for errors.

§ 5 Conclusion of the Contract for Courses

(1) The subject matter of the contract is the provision of courses.

Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You may submit a binding offer (booking) via the online shopping cart system.

The courses intended for booking are placed in the “shopping cart.” You may access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there at any time. After clicking the “Checkout” or “Continue to Order” button (or similar designation) and entering your personal data and payment conditions, the order data will finally be displayed to you as an order overview.

Before submitting the order, you have the opportunity to review all information again, change it (also using the “back” function of the internet browser), or cancel the order.

By submitting the order via the corresponding button, you submit a binding offer to us.

(3) Acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. email), in which the booking is confirmed to you (booking confirmation). If you have not received such a message, you are no longer bound by your booking. Any services already provided will be refunded immediately in this case.

(4) Your inquiries regarding the preparation of an offer are non-binding for you. We submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days (unless another period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address stored with us is correct, that receipt of emails is technically ensured and, in particular, not prevented by spam filters.

§ 6 Provision of Services for Courses

(1) The courses shall be conducted in the form described in the respective offers on the agreed dates.

(2) Insofar as the implementation of the courses depends on the number of participants, the minimum number of participants results from the respective offer.

If the minimum number of participants is not reached, we will inform you in text form (e.g. by email) no later than 7 days before the start of the course that the booked course will not take place. Any services already provided will be refunded immediately in this case.

(3) In the event of cancellation of an individual event due to short-term absence of the course instructor because of illness or for another important reason, services already provided will be refunded immediately.

For events consisting of several dates, if one date is cancelled due to short-term absence of the course instructor because of illness or for another important reason, the cancelled date will be made up on a replacement date.

(4) In connection with the use of course rooms and objects, you must comply with the house rules displayed on site. You must follow our instructions and/or the instructions of the course instructor.

§ 7 Withdrawal / Cancellation

(1) You may withdraw from the contract free of charge up to 14 days before the start of the course. Withdrawal requires text form (e.g. email). The decisive time for compliance with the deadline is receipt of the withdrawal declaration by us.

Less than 14 days before the start of the course, withdrawal is no longer possible.

(2) In the event of non-participation or partial participation in the booked course, no refund of course fees is possible.

(3) The statutory right of withdrawal remains unaffected by this; it exists independently of the existence or non-existence of this additional right of withdrawal.

§ 8 Substitute Participant

You may name a substitute participant at any time before the start of the course. You will not incur any costs for this rebooking.

§ 9 Contract Term / Termination for Subscription Contracts

(1) The subscription contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the “initial term.” An initial term of more than 2 years cannot be agreed.

(2) If the subscription contract is not terminated by either party one month before the end of the initial term (unless a shorter period is specified in the respective offer), it shall be tacitly extended for an indefinite period.

The extended contractual relationship may be terminated at any time with one month’s notice (unless a shorter period is specified in the respective offer).

(3) The right to terminate without notice for good cause remains unaffected.

(4) Any termination must be declared and transmitted either in text form (e.g. email) or via the cancellation button integrated into our website (“Cancel contracts here” or similar designation).

§ 10 Special Agreements on Offered Payment Methods

(1) Payment via “Stripe”

If you select a payment method offered via “Stripe,” payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; “Stripe”). The individual payment methods via “Stripe” are displayed to you under a correspondingly designated button on our website and during the online ordering process. “Stripe” may use additional payment services for payment processing; if special payment terms apply to these, you will be informed separately. Further information about “Stripe” can be found at https://stripe.com/de.

§ 11 Provision of Services for Vouchers (Voucher Conditions)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the legal notice.

(2) Purchased vouchers entitle you to redeem the credit securitized by the voucher with us within the validity period. Vouchers may only be redeemed in our online shop at Luminosana.shop or, where specified, in our local retail store. The service description and redemption conditions described there at the time of purchase of the voucher apply.

(3) The validity period of the voucher is 3 years from purchase until the end of the calendar year, unless a different validity period is specified in the respective offer.

(4) A prerequisite for redeeming a voucher is full payment of the purchase price for the voucher. The voucher must be redeemed as part of the electronic ordering process on our website by entering the voucher code in the input field provided for this purpose. Subsequent offsetting is excluded. Any remaining credit remains on the voucher and may be used for further orders.

(5) Only one voucher may be redeemed per order.

(6) After expiry of the withdrawal period or expiry of the right of withdrawal for consumers, no refund or exchange will take place. Payment / partial payment of voucher amounts is not possible. No interest is paid on voucher credit. If the statutory right of withdrawal is exercised for goods or services paid for with the voucher, the voucher amount included in the purchase price will be credited exclusively as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) Passing on or transferring the voucher is permitted.

§ 12 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 13 Warranty

(1) Statutory liability rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

§ 14 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).

(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. The authority to also bring proceedings before the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer Information

1. Identity of the Seller

LuminoSana Ltd.
Terra Santa 1, Office No. 12
6012 Larnaca
Germany
Phone: +49 30-2239951608
Email: support@luminosana.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order, the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. There are no shipping costs.

6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which must be borne by you.

6.4. Costs incurred for money transfers (bank transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6.7. Unless otherwise agreed, when booking courses, payment must be made on site no later than the course date before the start of the course; otherwise there is no entitlement to participate.

7. Delivery Conditions, Provision

7.1. The delivery conditions, delivery date and, where applicable, existing delivery restrictions as well as the conditions for the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods, regardless of whether shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

8. Statutory Liability for Defects

Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).

9. Contract Term / Termination

Information on the term of the contract and the termination conditions can be found in the provision “Contract Term / Termination for Subscription Contracts” in our General Terms and Conditions (Part I) as well as in the respective offer.

These General Terms and Conditions and customer information were prepared by the lawyers of Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.