Terms of service
General Terms and Conditions of INK – Institut für Neurobiologie nach Dr. Klinghardt GmbH (Institute for Neurobiology according to Dr. Klinghardt)
As of January 15, 2024
General section for all types of contracts
§1 Scope of application
All contractual relationships between INK-Institut für Neurobiologie nach Dr. Klinghardt GmbH (hereinafter referred to as INK-GmbH) and its customers are subject exclusively to the following terms and conditions in the version valid at the time of conclusion of the contract. They apply to all contracts concluded between INK-GmbH and the customer using means of distance communication, in particular telephone, email, fax, postcard, letter, or website, but also verbally in person or at events. Deviating terms and conditions of the customer shall not apply unless INK-GmbH expressly agrees to their validity. The commercial purpose of the contract is
a) either the sale of goods, in particular working materials for therapists, DVDs, CDs, books, brochures, texts, lecture texts, etc.
b) or participation in events, in particular seminars, training courses, lectures, etc.
§ 2 Contracting Party
The contracting party for all contracts is INK-Institut für Neurobiologie nach Dr. Klinghardt GmbH, In den Engematten 5, 79286 Glottertal, Germany. INK-GmbH is represented by its managing director, Dr. Dietrich Klinghardt. The company is based in Freiburg and is registered at the Freiburg Local Court
(HRB 705520). Customers must be of legal age and have legal capacity.
§ 3 Liability
Claims for damages against INK-GmbH – regardless of the legal basis – are excluded, unless the damage is based on an intentional or grossly negligent breach of duty for which INK-GmbH is responsible. This exclusion of claims for damages does not apply in the event of injury to life, limb, or health.
In the event of a breach of a material contractual obligation (cardinal obligation), INK-GmbH shall also be liable in cases of simple negligence, but only for foreseeable damage typical for this type of contract and not exceeding an amount of €50.00.
Other statutory bases for liability remain unaffected.
The limitations of liability also apply to third parties who are included in the scope of protection of the contract.
§ 4 Choice of law / Place of jurisdiction / Place of performance
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction and place of performance is Freiburg.
§ 5 Data protection
When initiating the conclusion of a contract, personal data such as first name, last name, address, postal code, city, telephone number, and email address are collected in order to process the contract and ship the ordered goods or organize participation in an event.
For the purpose of contract execution, INK-GmbH stores personal data.
INK-GmbH stores the personal data for the purpose of processing the contract.
Customer data is used and processed exclusively in accordance with the applicable data protection laws.
The transfer of data to third parties, regardless of the processing of an order or contract, as well as the transfer for general advertising purposes or for market and opinion research, is excluded.
After the contract has been processed, the customer may request that their customer account be deleted or that they be provided with information about the stored data.
The customer may request that their customer account be deleted or that they be provided with information about the stored data after the contract has been processed.
After the contract has been fulfilled, the customer may request that their customer account be deleted or that they be provided with information about the stored data.
After conclusion of the contract, INK-GmbH assumes that the customer continues to be interested in offers and information from INK. In order to enable INK-GmbH to contact the customer at a later date, in particular by post or email, the customer therefore agrees to the storage of their personal data for this purpose, unless the customer objects to this further storage.
§ 6 Severability clause
Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the meaning of the invalid provision
Special section for the sale of goods
§ 7 Conclusion of contract
The product descriptions and prices stated on websites, in catalogs, brochures, leaflets, price lists, other order lists, or other printed materials do not constitute an offer in the legal sense. The product descriptions do not constitute assurances of characteristics. Under no circumstances are they medicinal products.
By placing an order, the customer makes a binding offer to conclude a contract. The prices and product descriptions valid at the time of ordering are decisive.
The contract is only concluded when INK-GmbH accepts the offer. Acceptance is made by verbal or written declaration or by arranging delivery of the ordered goods. In the event that a particular item is not available, INK-GmbH will offer the customer an item of equivalent quality and price. If this is not possible, INK-GmbH has the right to withdraw from a concluded contract or to rescind the contract.
INK-GmbH shall immediately inform the customer of the unavailability of the goods and immediately reimburse any consideration already paid by the customer.
§ 8 Terms of payment / Retention of title
The delivered goods remain the property of INK-GmbH until full payment has been received.
The following payment methods are permitted:
Payment by bank transfer after receipt of an invoice by the payment date stated on the invoice, or payment by direct debit.
Individual payment agreements must be made in writing to be valid.
In the event of a direct debit being dishonored or returned, the customer hereby irrevocably authorizes their bank to provide INK-GmbH with their name and current address. INK-GmbH may reclaim from the customer any fees of any kind resulting from the non-payment or return of a direct debit for which the customer is responsible.
Any fees and costs incurred for money transfers for payments from abroad shall be borne by the payer.
§ 9 Right of return
INK-GmbH grants the customer the right to return the ordered goods in accordance with § 356 BGB (German Civil Code), excluding the right of revocation. Goods that are not suitable for return due to their nature are excluded from the right of return.
The customer exercises their right of return by returning the goods to which their return relates to INK-Institut für Neurobiologie nach Dr. Klinghardt GmbH after informing INK-Institut für Neurobiologie nach Dr. Klinghardt GmbH in writing.
The customer exercises their right of return by returning the goods to which their return shipment relates to INK-Institut für Neurobiologie nach Dr. Klinghardt GmbH after they have submitted a return request to INK-GmbH.
The deadline for returns is fourteen days from receipt of the goods. During this period, the return request must be submitted and the goods must be returned. During this period, the request for return must be made and the goods must be returned.
The return shipment is at the expense and risk of the customer.
The customer must pay compensation if the goods have deteriorated as a result of their intended use. However, the customer is entitled to inspect the goods as would be customary in a retail store.
§ 10 Delivery
Delivery is subject to shipping costs.
The risk of accidental loss or deterioration of the goods is transferred to the customer at the time of delivery. The time of delivery is the documented delivery by the logistics service provider.
If the customer is in default of acceptance of the goods or culpably violates other obligations to cooperate, INK-GmbH reserves the right to demand compensation for the damage incurred in this respect.
Further claims remain unaffected.
§ 11 Warranty
If the delivered goods are defective, the statutory provisions shall apply. INK-GmbH does not grant any warranty beyond the statutory warranties.
Special section for participation in events
§ 12 Conclusion of contract
The event descriptions contained on websites, in catalogs, brochures, leaflets, price lists, other order lists, or other printed materials,
and the prices stated therein do not constitute an offer in the legal sense.
By registering for an event, the customer makes a binding offer to conclude a contract. The prices and event descriptions and event conditions valid at the time of registration are decisive.
The contract is only concluded when INK-GmbH accepts the offer. Before participating, the participant will receive a confirmation of registration from INK-GmbH or, on its behalf, from the event manager.
With the confirmation of registration, INK-GmbH may send the participant more detailed event information, the receipt of which the participant must confirm in writing. Participation in the event is then only possible after corresponding written confirmation by the participant. If, after receiving the event information, the customer must notify INK-GmbH immediately and withdraw from the contract. If the customer has not confirmed receipt of the event information in writing by the start of the event at the latest, INK-GmbH may refuse their participation.
The customer shall bear the costs incurred by INK-GmbH as a result of the customer's
§ 13 Cancellation of participation by the customer
The customer may cancel participation in an event up to six weeks before it begins at no cost. If course fees have already been paid, an administrative fee of €30 will be retained for a refund transfer.
For written cancellations between six and no later than four weeks before the start of the event, a fee of €50 will be payable. In the event of cancellation less than 4 weeks before the start of the event, the full fee for the event will be charged, as will be the case if the customer fails to attend without prior cancellation; the fees for the event must then be paid in full, unless the customer can prove that no damage or less damage has been incurred.
The customer is entitled to provide a substitute participant, who must be named to INK-GmbH in good time before the event.
In special cases, INK-GmbH may, if it has a legitimate interest, refuse to allow the substitute participant to attend the event. In this case, the substitute participant shall be deemed not to have been provided by the customer.
Cancellation and the provision of a substitute participant must in all cases be made in writing.
§ 14 Cancellation of the event by INK-GmbH
INK-GmbH reserves the right to cancel an event for good cause.
In this case, the customer is entitled to a refund of any participation fees already paid.
Further payment claims by the customer, in particular recourse claims, are excluded.
§ 15 Changes to events
INK-GmbH is entitled to replace a speaker, leader, teacher, or similar person scheduled for an event with another suitable person if there is a need to do so.
§ 16 Photo, video, or audio documentation
Participants are strictly prohibited from recording the event in the form of photo, video, or audio documentation. Any participant who violates this rule may be excluded from further participation in the event. In this case, the participation fee will not be refunded.
§ 17 Further regulations
Participants in an event that serves to demonstrate treatment methods are not entitled to receive treatment themselves.
Seminar participants are prohibited from claiming to third parties that they are trained by Dr. Klinghardt unless they have been expressly permitted to do so in writing by INK-GmbH.
