General Terms and Conditions of Business of Diamond Management GmbH

The following terms and condi­tions regu­late the contrac­tual rela­ti­onship between Diamond Management GmbH, Königsteiner Str. 42 in 65929 Frankfurt, Germany and its custo­mers and members, regard­less of whether you reach Diamond Management GmbH via the website, by tele­phone or in person.

1. Subject matter of the contract, general and scope

1.1 Diamond Management GmbH, repre­sented by its Managing Director Eva Balzer, Königsteiner Str. 42 in 65929 Frankfurt, Germany, Phone: +49 69 17 42 86 91, kontakt@diamondmanagement.eu (herein­after referred to as “provider”) offers lectures, semi­nars, study groups, work­shops, educa­tion and trai­ning programmes (herein­after referred to as “events”), also online via Internet.
Furthermore, the provider offers members access to a sepa­rate members’ area with various products (Karmic Partner Exchange, discus­sion groups, regular online regu­lars’ tables, corre­la­tion data­base and, as a welcome, an approx. 30-minute coun­sel­ling inter­view, etc.; in addi­tion, there are always semi­nars, courses and coun­sel­ling for members at reduced rates). Members are those persons who, based on a membership contract concluded with Diamond Management GmbH, are enti­tled to use the member bene­fits in accordance with the agree­ment, i.e. the membership contract. (personal membership/​member of the Diamond Club).

1.2 These General Terms and Conditions (GTC) apply to all busi­ness tran­sac­tions between the provider and the custo­mers, members, parti­ci­pants, and clients (herein­after referred to as “customer or member”). They become part of the contract regard­less of the method of orde­ring and booking (in person, by post, by tele­phone or online or via this website).

1.3 The version valid at the time of the conclu­sion of the contract is decisive in each case. The provider reserves the right to change these terms and condi­tions, whereby the changes come into force as soon as they have been published on the Internet on the website of Diamond Management GmbH.

1.4 The general terms and condi­tions apply to both consu­mers (§ 13 BGB) and entre­pre­neurs (§ 14 BGB).

1.5 The provider does not reco­gnise conflic­ting or devia­ting condi­tions of the customer unless the provider has expressly agreed to such other condi­tions in writing.

2. Contract Conclusion

2.1 Personal contract conclu­sion at the Diamond Management GmbH head­quar­ters or during an event
The contract of membership is concluded perso­nally by the signa­ture of the member. Diamond Management GmbH is enti­tled to revoke the contract in text form within 14 days of the conclu­sion of the contract if there is an objec­tively justi­fiable reason for doing so; an objec­tively justi­fiable reason exists if a previously exis­ting membership contract of the member has been termi­nated by Diamond Management GmbH due to a delay in payment or other breach of contract by the member.
The member is enti­tled to revoke the contract in writing within 14 days of the conclu­sion of the contract without giving reasons. Section 14 shall apply accord­ingly to the revo­ca­tion by the member. In the event of revo­ca­tion by the member, any one-off fees and monthly contri­bu­tions already paid shall be reim­bursed pro rata.

2.2 Online Contract Conclusion
When conclu­ding a contract online via the website, the member makes a binding offer to conclude a contract by clicking on the button. The accep­t­ance of the offer (and thus the conclu­sion of the contract) is affected by confir­ma­tion by e‑mail. Diamond Management GmbH saves the text of the contract and sends the contract docu­ments by a confir­ming e‑mail.
Diamond Management GmbH is enti­tled to revoke the contract in text form within 14 days of the conclu­sion of the contract if there is an objec­tively justi­fied reason for doing so; an objec­tively justi­fied reason exists if a previously exis­ting membership contract of the member has been termi­nated by Diamond Management GmbH due to a delay in payment or other breach of contract by the member.
The statu­tory right of revo­ca­tion applies to the customer or member, which is explained sepa­r­ately under 14.

3. Order Process /​ Contract Conclusion

3.1 The events and goods offered on the Provider’s website do not repre­sent a binding offer by the Provider. By initia­ting the orde­ring process, the Customer submits an offer for his part.

3.2 The sending of the completed order form consti­tutes a binding offer by the customer. By sending the completed order form, the customer declares his agree­ment with the provider’s General Terms and Conditions.

3.3 Upon receipt of the completed order form by the provider, the customer will receive a confir­ma­tion of receipt by e‑mail. In this confir­ma­tion of receipt, the customer’s order is once again recorded and confirms the receipt of the customer’s order by the provider.

3.4 If the event or goods ordered by the customer are not avail­able when the customer’s order is received, the provider is obliged to inform the customer immedia­tely. The supplier shall also inform the customer of an alter­na­tive date for the event, if known, or the expected deli­very time of the ordered goods. If no alter­na­tive date of the event is planned or if the ordered goods cannot be deli­vered within two weeks, both parties are enti­tled to with­draw from the contract/​order, payments already made will be refunded.

4. Payment, Transfer of Risk

4.1 Payment shall be made via the respec­tive speci­fied method. All prices and fees are due immedia­tely upon conclu­sion of the contract unless a diffe­rent due date for payment can be seen from the corre­spon­ding invoice.

4.2 The goods remain the property of the supplier until the purchase price has been paid in full.

4.3 If the customer is a consumer, the provider bears the ship­ping risk. If the customer is an entre­pre­neur, the dispatch of goods is at his own risk.

5. Cancellation at events by the customer

If the customer has booked an event, he may with­draw from the regis­tra­tion in accordance with the following provi­sions. The with­drawal must be made in writing (by post or e‑mail).

5.1 The repla­ce­ment of a parti­ci­pant by another parti­ci­pant is possible at any time without addi­tional costs. If parti­ci­pa­tion in the event is subject to prior know­ledge or other condi­tions, the repre­sen­ta­tive must also meet these conditions.

5.2 In the event of cancel­la­tion up to eight weeks before the start of the event, 10% of the event price must be paid. 90% of the event price will be refunded to the customer.

5.3 In the event of cancel­la­tion up to four weeks before the start of the event, 50% of the event price shall be paid. 50% of the event price shall be refunded to the customer.

5.4 In the event of cancel­la­tion up to two weeks before the start of the event, 80% of the event price shall be payable. 20 % of the event price shall be refunded to the customer.

5.5 If the customer cancels or fails to appear later, the agreed event price will be charged in full.

5.6 If a right of cancel­la­tion exists in accordance with the statu­tory provi­sions, this shall not be affected by the above provisions.

5.7 The refund amount will be calcu­lated based on the invoice amount.

5.8 We reserve the right to show changes and special regu­la­tions for special events sepa­r­ately on the regis­tra­tion form.

5.9 In the event of a cancel­la­tion, please remember to cancel your hotel booking and your journey as well.

6. Cancellation of events by the supplier

The provider reserves the right to cancel the event for important reasons. An important reason in this sense is
If the minimum number of parti­ci­pants for the event, which is announced on the website of the provider for the respec­tive event, is not reached.
If the speaker falls ill and the substi­tute planned for these cases cannot fill in or in the event of a higher level of violence/​pandemic etc., the event may be cancelled.
Participation fees already paid will be refunded to the customer. Further liabi­lity and damage claims arising from the cancel­la­tion of events are excluded. The customer shall accord­ingly ensure that when booking the Hotel and a means of trans­port to the event loca­tion, he selects a cancel­la­tion-free rate and/​or takes out seminar cancel­la­tion costs insurance.
The provider reserves the right to post­pone the event to another date and will announce the date on the website in good time.

7. Programme and Date Changes

The provider shall announce a post­po­ne­ment or cancel­la­tion of the event on his home­page (http://diamondmanagement.eu/). Particularly due to last-minute changes, parti­ci­pants should inform them­selves about the event again before the event begins.
The provider reserves the right to modify the programme compared to the event descrip­tion without prior notice, if this is necessary for orga­ni­sa­tional or didactic reasons or if it is requested by the main speaker of the event.

8. The Diamond Management Membership and the Diamond Club

The contents of membership and membership in the Diamond Club are presented on our home­page at www.diamondmanagement.eu where membership is listed.

8.1 Term of Contract Membership
The contract term for membership must be concluded for at least 6 months. We deli­ber­ately do not offer a shorter membership, as Diamond Management GmbH is aware that only conti­nuous trai­ning and a certain dura­tion will bring good results.
The contract term for Diamond Club membership is one year.
The notice period is 4 weeks. The contract will be auto­ma­ti­cally renewed unless a written notice of termi­na­tion is submitted 4 weeks before the contract expires.
4 weeks before the end of the cancel­la­tion period, a written reminder will be sent that the membership will auto­ma­ti­cally renew in 4 weeks if no cancel­la­tion is received.
The member is obliged to provide Diamond Management GmbH with a current e‑mail address at the time of conclu­sion of the contract, which can be used for commu­ni­ca­tion with the member. The member expressly agrees that legally signi­fi­cant decla­ra­tions by Diamond Management GmbH (e.g. remin­ders, decla­ra­tions regar­ding changes to the General Terms and Conditions, announ­ce­ment of contract exten­sion, etc.) can be sent either in writing by post to the last named postal address or elec­tro­ni­cally by email to the last named email address.
The member has to inform Diamond Management GmbH immedia­tely of any change in data rele­vant to the contract, in parti­cular name, address, e‑mail address, bank details, etc.
In the event that such noti­fi­ca­tion is not given, a claim for recourse due to the exten­sion of the contract is excluded, e.g. because the e‑mail about the upco­ming possi­bi­lity of termi­na­tion and exten­sion of the contract could not be delivered.

8.2 Membership Fees
The fee for the personal membership is curr­ently € 39 per month incl. VAT, the membership for 6 months is € 234 incl. VAT and the membership for 12 months incl. VAT € 468, with annual payment € 429 incl. VAT.
The annual fee for Diamond Club membership is € 15,000.00 incl. VAT.

8.3 Non-trans­fe­ra­bi­lity of membership
Membership of Diamond Management GmbH is personal and cannot be trans­ferred. The member is there­fore obliged to use the membership oppor­tu­nities exclu­si­vely for personal use and not to leave or make them avail­able to third parties.
Further details and contents are presented on our home­page www.diamondmanagement.eu.

9. Payment Methods /​ Prices and Fees

9.1 All prices include the value added tax due in accordance with the appli­cable statu­tory and country-specific provisions.

9.2 If special prices are granted for discounts (students, job seekers, etc.), this is shown sepa­r­ately. If no discounts are shown, they cannot be granted. The gran­ting of discounts is depen­dent on proper proof (student ID, etc.). This proof must be presented at the admis­sion control before the event. The various discount options offered by us cannot be combined.

9.3 During the orde­ring process, a flat-rate ship­ping fee and/​or ticket fee may be charged in addi­tion to the price stated. These respec­tive addi­tional fees will be announced during the respec­tive orde­ring process before the order is completed.

9.4 For orders to coun­tries that are not members of the European Union, addi­tional costs, e.g. customs duties and taxes, may be incurred in indi­vi­dual cases and must be borne by the customer.

9.5 If, according to the offer of the Provider on his website, the prices for parti­ci­pa­tion in an event are stag­gered, namely according to when the parti­ci­pant regis­ters for an event, the date of receipt of payment by the provider is decisive for the vali­dity of the discount scale.

9.6 Fees for members
a) If a single premium has been agreed in the contract, it is due on the day the contract is concluded.
If monthly premiums are agreed in the contract, these premiums shall be due in advance on the first day of the month for the respec­tive calendar month (partial perfor­mance period), unless other­wise agreed in the contract. The premium for the first pro rata calendar month after conclu­sion of the contract shall be due on the day the contract is concluded. The fee for the last pro rata contri­bu­tory month of the contract term can be made due with the membership fee of the previous month.
b) Right to adjust prices
If monthly contri­bu­tions have been agreed on the contract cover sheet, Diamond Management GmbH is enti­tled to increase the monthly contri­bu­tion if the legal VAT rate incre­ases, whereby the increase of the contri­bu­tion is limited to the incre­ased VAT rate. Diamond Management GmbH will exer­cise the right to increase the price by decla­ra­tion in text form (§ 126b BGB). The price increase becomes effec­tive from the first day of the month following receipt of the declaration.
c) Participation in the SEPA direct debit procedure
Monthly payment is also possible for the respec­tive members­hips mentioned, but only via SEPA direct debit or PayPal.
The member is obliged to parti­ci­pate in the SEPA Direct Debit Scheme in order to pay the agreed fees and charges, unless other­wise expressly agreed. The member will give Diamond Management GmbH a written direct debit mandate for this purpose. The member is obliged to ensure that his bank account has the necessary coverage for the debi­ting of due fees and contributions.
d) Default of payment
If the member is in default of payment, Diamond Management GmbH reserves the right to charge the member with default costs if these costs were culp­ably caused by the member. These include inte­rest on arrears at the statu­tory rate as well as the costs of appro­priate legal action, in parti­cular reminder and collec­tion charges, court fees and lawyers’ fees.
If monthly fees have been agreed on the contract cover sheet and the member is in arrears with the payment of an amount corre­spon­ding to the sum of two monthly total fees, Diamond Management GmbH is enti­tled to termi­nate the contract for good cause. In this case Diamond Management GmbH is enti­tled to demand further compen­sa­tion in accordance with the legal regulations.

10. Minimum Contract Period /​ Extension

Unless other­wise agreed under point 8.1 of these GTC, the contract shall initi­ally have the minimum contract period speci­fied in the contract (herein­after: minimum contract period). Unless other­wise agreed in the contract, the contract period is extended by the exten­sion period stated in the contract if the contract is not cancelled by the member or by Diamond Management GmbH before the respec­tive end of the contract. The period of notice stated on the contract cover sheet applies to the termination.

11. Data Protection and Data Storage

The sepa­rate data protec­tion infor­ma­tion of Diamond Management GmbH applies.
Notice according to § 33 BDSG: The storage and proces­sing of the parti­ci­pant and customer data is carried out by the provider and service provi­ders commis­sioned by Diamond Management GmbH in strict compli­ance with the Federal Data Protection Act. The parti­ci­pant and customer data are stored and used by the supplier for proces­sing and accoun­ting purposes as well as for infor­ma­tion about further offers of the supplier and non-mate­ri­ally affi­liated compa­nies. Your data will be used intern­ally only, a transfer to third parties is expressly excluded. The customer can object to the use of his data for infor­ma­tion purposes at any time with effect for the future. The objec­tion must be made in writing (e‑mail, website contact form, post) to the provider (Diamond Management GmbH, Königsteiner Str. 42, 65929 Frankfurt).
The customer agrees that Deutsche Post AG will inform Diamond Management GmbH of the correct current address if a postal item could not be deli­vered at the previously known address (§ 4 Postal Service Data Protection Regulation).

12. Rights of use

Diamond Management GmbH is the sole owner of the rights of repro­duc­tion, distri­bu­tion, proces­sing and all copy­rights as well as the right of incor­po­real trans­mis­sion and repro­duc­tion of the website and the indi­vi­dual contents contained therein. The use of all programs and the contents, mate­rials as well as brand names and trade names contained therein is only permitted for the purposes speci­fied in these terms and conditions.

12.1 Sound, film or video record­ings of any kind are prohi­bited during the events.

12.2 The copy­right to parti­ci­pant docu­ments, books, publi­shing products and other mate­rials is the sole property of the provider.

12.3 Participants, custo­mers or buyers do not have the right to repro­duce these docu­ments in whole or in part, to include them in storage media or to distri­bute them in any form whatsoever without written permis­sion from the Provider.

13. Liability

13.1 The liabi­lity of the provider on contrac­tual, quasi-contrac­tual, legal, tortious or other legal grounds is excluded, unless other­wise regu­lated below.

13.2 Excluded from the exclu­sion of liabi­lity are claims for damages arising from wilful or grossly negli­gent injury to life, body or health or from the breach of mate­rial contrac­tual obli­ga­tions, as well as liabi­lity for other damages based on a wilful or grossly negli­gent breach of duty by the provider, his legal repre­sen­ta­tives or their vica­rious agents. Essential contrac­tual obli­ga­tions are those obli­ga­tions which are necessary to achieve the purpose of the contract and on whose compli­ance the other party may rely. This includes, for example, that the deli­vered item is free of mate­rial defects and defects of title and that ownership of the purchased item can be procured.

13.3 The above exclu­sion of liabi­lity shall also apply in favour of vica­rious agents and legal repre­sen­ta­tives if claims are made directly against them.

13.4 In the event of a negli­gent breach of a mate­rial contrac­tual obli­ga­tion of the provider, liabi­lity shall be limited to the fore­see­able damage typical for the contract, unless the claim for damages is based on injury to life, body or health. Participation in events and the joint yoga prac­tice is at your own risk.

13.5 The docu­ments made avail­able in the context of further trai­ning are prepared to the best of our know­ledge and belief. Liability and guarantee for the correct­ness, topi­ca­lity, comple­teness and quality of the contents are excluded.

13.6 Diamond Management GmbH recom­mends the services of third-party provi­ders (e.g. hotels, trans­port, dinner etc.) In case of a booking, the contracts concer­ning the services are exclu­si­vely between the customer and the respec­tive third-party provider. Special regu­la­tions and restric­tions (General Terms and Conditions of the third-party provider) may apply to the selected services. The entire execu­tion of the contract and the hand­ling of possible service disrup­tions are exclu­si­vely between the customer and the third-party provider.

13.7 The customer or member under­takes to hold Diamond Management GmbH harm­less from any kind of lawsuit, damage, loss or claim that might arise from their regis­tra­tion and/​or parti­ci­pa­tion in the consul­ting and services, provided that the customer or member has acted culp­ably. This applies in parti­cular to damages due to defa­ma­tion, insult, viola­tion of personal rights, due to the failure to provide services for other custo­mers, a viola­tion of these terms and condi­tions, due to the viola­tion of intel­lec­tual property or other rights. The claim for reim­bur­se­ment of expenses shall be limited to the amount of the necessary expenses or those required for a specific purpose.

14. Revocation Instruction, Exclusion of the Right of Revocation

14.1 Right of withdrawal
Customers or members have the right to revoke the contract concluded for the first time within 14 days without giving reasons.
The revo­ca­tion period is 14 days from the day of the conclu­sion of the contract.
In order to exer­cise the right of revo­ca­tion, you must inform
Diamond Management GmbH, Königsteiner Str. 42 in 65929 Frankfurt Germany, Tel.: +49 69 17 42 86 91, kontakt@diamondmanagement.eu
by means of a clear state­ment (e.g. a letter, fax or e‑mail sent by post) of your decision to revoke this contract.
In order to comply with the revo­ca­tion period, it is suffi­cient that you send the noti­fi­ca­tion of the exer­cise of the right of revo­ca­tion before the end of the revo­ca­tion period.

14.2 Consequences of the revocation
If you revoke this contract, we must refund all payments we have received from you, inclu­ding deli­very costs (with the excep­tion of addi­tional costs resul­ting from the fact that you have chosen a diffe­rent type of deli­very than the cheap stan­dard deli­very offered by us), immedia­tely and at the latest within four­teen days from the day on which we receive noti­fi­ca­tion of your revo­ca­tion of this contract. For this refund, we will use the same means of payment that you used for the original tran­sac­tion, unless expressly agreed other­wise with you; in no case will you be charged for this refund.
If you have requested that the service be commenced during the cancel­la­tion period, you shall pay us a reason­able amount corre­spon­ding to the propor­tion of the services already provided by the time you notify us of the exer­cise of the right of cancel­la­tion with respect to this Agreement compared to the total amount of services provided under the Agreement.
End of the right of revocation

15. Place of Performance, Choice of Law, Place of Jurisdiction

15.1 The place of perfor­mance shall be the respec­tive place of perfor­mance selected.

15.2 All contracts and legal rela­tions shall be governed by the laws of the Federal Republic of Germany, exclu­ding the UN Convention on Contracts for the International Sale of Goods.

15.3 If the customer acts as a merchant, the exclu­sive place of juris­dic­tion shall be the provider’s regis­tered office in Frankfurt, Germany.

15.4 The contrac­tual language is German.

16. Severability Clause

Should one of the provi­sions mentioned here be invalid, this shall not affect the vali­dity of the remai­ning provi­sions. Any invalid provi­sion shall be replaced by a valid provi­sion that comes as close as possible to the meaning and purpose of the invalid provision.

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