General Terms and Conditions
§ 1 Validity, definitions of terms
(1) Dr. med. Oezgoeren Aesthetik GmbH, Managing Director: Dr. med. Bünyamin Özgören, Sielwall 7, 28203 Bremen, Germany (hereinafter: “we” or “Oezgoeren Aesthetik Academy”) operates an online store for digital goods under the website https://oezgoeren-academy.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. “Entrepreneur” is a natural person or legal entity or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://oezgoeren-academy.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of digital goods,
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Check the details in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If the contract is concluded, the contract is concluded with Dr. med. Oezgoeren Aesthetik GmbH, Managing Director: Dr. med. Bünyamin Özgören, Sielwall 7, 28203 Bremen, Germany.
(5) Before placing the order, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract is our online store:
- The sale of digital goods, e.g. software or media downloads. The specific digital goods on offer can be found on our product pages.
(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the function-maintaining updates and necessary security updates are also subject matter of the contract.
(3) The essential characteristics of the digital goods can be found in the item description/on the course description page. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly stated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
(4) For the sale of digital products, the restrictions evident from the product description / on the course description page or otherwise resulting from the circumstances shall also apply, in particular to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
(5) The content published on this website is subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the respective rights holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. The unauthorized reproduction or distribution of individual contents or complete pages is not permitted and is punishable by law.
(4) The content of our video courses is intended exclusively for the purchasing user during the period of time made available. Making the videos accessible to third parties (e.g. by passing on the account), as well as downloading, saving, filming or publishing is expressly prohibited and will be prosecuted.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately. The purchase on account / direct debit option is only available to private customers.
(3) For a purchase on account, the minimum order value is €10.00 and the maximum order value is €1,000.00 for this payment method.
(4) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, in the shopping cart system and on the order overview.
(5) Unless clearly stated otherwise in the product description, all products offered can be used immediately (provision: after receipt of payment or after receipt of the order in the case of purchase on account).
(6) Delivery takes place worldwide.
(7) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs for the return shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of revocation, the provision made by us in the revocation instructions shall apply to the return costs.
(8) In order to protect against bad debts and the risk of misuse of our services by third parties, we are entitled to transmit personal contract data as well as information on non-contractual processing (e.g. termination due to late payment) to CRIF GmbH, Lefoldstraße, 80807 Munich, GERMANY, infoscore Consumer Data GmbH, Rheinstraße, 765 Baden-Baden, GERMANY. CRIF GmbH, Leopoldstraße 244, 80807 Munich, GERMANY, infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, GERMANY, SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, GERMANY, Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, GERMANY, and Credify Informationsdienstleistungen GmbH, Gumpendorfer Straße 21, 1060 Vienna, AUSTRIA, and to obtain corresponding information on payment behavior and creditworthiness information on the basis of mathematical-statistical procedures, also using address data. Insofar as such data is collected by CRIF, infoscore Consumer Data, SCHUFA, Boniversum or Credify from other customer relationships during the customer relationship, we will receive information about this. The respective data transfer only takes place insofar as this is necessary to safeguard our legitimate interests and the customer’s interests worthy of protection are not impaired.
(9) Payment by SEPA direct debit: The purchaser can issue a SEPA basic mandate to “Dr. med. Oezgoeren Aesthetik GmbH”. The deadline for pre-notification is shortened to one day. The buyer warrants to ensure that the account is covered. Costs incurred due to non-payment or chargeback of the direct debit shall be borne by the purchaser as long as the non-payment or chargeback was not caused by “Dr. med. Oezgoeren Aesthetik GmbH”.
§ 5 Updates, updates, obligations of the consumer to cooperate
(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the customer shall be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
(2) We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
(3) The period in which updates are provided depends on the type of item purchased and is explained in the item description.
(4) Consumers shall be informed about the provision of updates and how to install them properly.
(5) The customer is obliged to install any updates provided in accordance with the installation instructions.
§ 6 Right of retention
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 7 Right of withdrawal
As a consumer you have a right of withdrawal. This is based on our revocation policy.
§ 8 Contract language
The contract language is exclusively German.
§ 9 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.
(3) If, when purchasing goods with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been provided to him and about whose availability he has been informed within a reasonable period of time, we shall not be liable for a material defect that is solely due to the lack of this update.
(4) The contents of this website are created with the greatest care. However, Dr. med. Oezgoeren Aesthetik GmbH assumes no liability for the accuracy, completeness and timeliness of the content. The use of the contents of the website is at the user’s own risk. In particular, we expressly assume no liability for treatments carried out by our users. We are therefore not liable for any damage that is supposedly attributable to our courses. Procedures should only be carried out if the user is able to perform them safely and, in case of doubt, is accompanied by an experienced practitioner on site. In Germany, only fully trained doctors and alternative practitioners are allowed to carry out the treatments shown in our courses. The use of the website of Dr. med. Oezgoeren Aesthetik GmbH without registration does not constitute a contractual relationship between the user and the provider.
§ 10 Warranty
(1) The warranty shall be governed by the statutory provisions.
(2) The warranty period for goods delivered to entrepreneurs is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.
§ 11 No distance learning service within the meaning of the FernUSG
(1) No support:
– There is no personal support, advice or feedback from lecturers or staff.
– Questions about content are not answered individually.
– Technical support (e.g. login problems) is not affected by this.
(2) Scheduled knowledge transfer without learning support:
– The content is pre-produced (videos, presentations) and is developed by the participant through self-study.
– There is no individual learning planning or support from the provider.
(3) Learning tests (MC tests)
– The standardized multiple choice tests are used exclusively for self-monitoring.
– The evaluation is carried out automatically by the system (correct/incorrect display, sample solution).
– There is no manual correction or personal evaluation by the provider.
(4) Certificates / certificates of attendance
– A certificate of attendance can be issued on completion of the course.
– This merely confirms attendance of the course and access to the content.
– No certificate of achievement is issued for examinations passed or qualifications acquired.
§ 12 FinalFinal provisions/Settlement of disputes
(1) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(4) We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
