Terms and Conditions & Cancellation
Last Update: 27th April 2019
Terms and Conditions
§ 1 Subject of the contract / conclusion of the contract
(1) The Face Reading Academy (hereinafter: "provider" ) offers through the website at www.readtheface.com ( hereinafter: "website") to customers (hereinafter for simplicity and without discriminatory intent regarding gender: "customer ") access to a paid area of online courses and the possibility to book presence events.
(2) Booking of presence events
(3) Booking of online courses
The contract is concluded by going through the booking process on the website and by clicking on the button "Buy now". The customer will be forwarded to the external payment provider DigiStore24 to do so. The customer receives an order confirmation. Before clicking on the button, the instruction on the right of withdrawal must be accepted by the customer.
(4) With regard to the scope of the services offered, reference is made to the respective service description on the website.
(5) The customer is a consumer within the meaning of § 13 BGB (german civil law), insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.
(6) The contract is concluded in German or English. The text of the contract is stored in compliance with the data protection regulations and can be printed by the customer.
§ 2 Services of the provider for online courses
(1) When booking an online course, the customer receives unlimited access to the content and materials provided on the website.
(2) The customer is not entitled to an extension or update of the content, but the provider strives to be up-to-date.
(3) There is no claim to a download of the material.
(4) The customer is responsible for providing suitable playback software (browser including plugins) that can reproduce the content offered on the website.
§ 2a Performances of the provider at presence events
(1) The service descriptions and the dates shown on the website apply to the respective event.
(2) The customer is responsible for the organization of arrival and departure as well as any necessary accommodation and catering. Insofar as the provider provides catering, the customer is responsible for checking the food and drinks offered as well as the compatibility.
§ 2b Cancellation / changes of the provider at presence events
(1) The provider is free to exchange lecturers, if this is necessary due to illness or force majeure.
(2) The provider is entitled to cancel or interrupt an event if this is necessary due to the illness of the staff or force majeure. The provider is in this case endeavored to offer the customer a replacement date. If no replacement date is possible, the customer will be refunded the fees. There is no assumption of hotel costs or other expenses, which the customer has made . § 7 remains untouched.
§ 3 Contract period and termination
(1) The contract period ends automatically at the end of the event, without the need for notice. Customers have permanent access to online courses.
(2) The right to extraordinary termination for cause remains unaffected.
(3) The termination requires the effectiveness of the text form. At the time of termination, the receiving of the termination is decisive.
§ 4 Copyrights of the provider
(1) The copyright for all accessible content and materials provided remains with the provider. The customer is granted a simple right of use relating to the purpose of the online course or the presence event limited. In addition, the customer may not duplicate (even partially) the contents, present them in public or in any other way outsource them to third parties. Furthermore, the customer is not allowed to use the content for his own further education in order to compete with the provider.
(2) The granting of rights of use by the provider is subject to the condition precedent of the complete purchase price payment.
(3) The customer is prohibited from reselling his access data or leaving it to third parties. The customer assures to handle the access data carefully.
(4) The provider is entitled to clearly mark its contents by attaching copyright notices, also in the form of digital signatures.
(5) In the event of unauthorized use of the content by the customer or a third party who has received access to the content from the customer, the customer undertakes to pay a contractual penalty to be determined by the provider in its reasonable discretion and in case of dispute by the competent court act of infringement.
§ 5 Remuneration and payment processing
(1) The prices stated on the website and in offers of the provider apply at the time of the conclusion of the contract. The prices may be in Euro (EUR) or Swiss Francs (CHF). The prices are exclusive of VAT unless otherwise stated.
(2) The provider reserves the right to reduce the prices given in the context of special promotions, without a customer being able to invoke the promotional price during the term.
(3) Payment by the customer is made via the payment methods offered on the website. In case of missing cover of the customer's account, the resulting fees shall be borne by the customer.
(4) If the customer defaults on payment, the provider is entitled to demand default interest in accordance with the statutory provisions. The customer is already in default by default of the payment date. In this case, he has to pay to the provider a default interest of 5 Percentage points above the base rate for the year default. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.
(5) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider. The customer reserves the right to prove a minor damage of the provider.
(6) If the customer is in default with a payment, the provider is entitled to withdraw from the contract.
§ 6 Obligations of the customer
(1) The customer bears the responsibility for the use of the content offered.
(2) The access data for the website must be stored carefully and protected against access by third parties. The user accounts are not transferable to a third party.
(3) The customer data must be provided truthfully. Changes are to be communicated to the provider immediately.
(4) In case of breach of obligations or breach of the terms and conditions, the provider reserves the right to block access to the user account or limit.
(5) The resale of tickets or access is prohibited. The provider reserves the right to block such tickets / access and to assert claims for damages against the customer.
(5) The provider is entitled to terminate the contract extraordinarily if the customer interferes with the performance of the contract regardless of a warning or behaves in breach of contract to the extent that the immediate cancellation of the contract is justified. If the provider terminates for this reason, the customer remains obliged to pay the total price.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, limb or health.
(3) The provider owes no particular success. In particular, the provider is not responsible for the result hoped for by the customer when using the information from the courses and other contents entry.
(4) The provider is not liable if it comes without his fault to a non-accessibility of the website.
(5) The limitations of liability shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
§ 8 Limitation of the right of withdrawal in online courses
(1) As soon as the customer receives access to the online course, the right of revocation expires. The customer accepts this with the conclusion of the contract.
The right of revocation expires in accordance with § 356 Abs. 5 BGB (german civil law) in a contract for the delivery of digital content not on a physical medium even if the entrepreneur has begun the execution of the contract after the consumer has expressly agreed that the entrepreneur begins with the execution of the contract before the expiry of the period of revocation, and has confirmed his knowledge of the fact that he loses his right of revocation by his consent with the beginning of the execution of the contract.
(2) Upon conclusion of the contract, the customer acknowledges that the provider may commence execution of the contract before the expiry of the withdrawal period and the customer loses his right of withdrawal at the beginning of the execution of the contract.
(3) Customers that are entrepreneurs, have basically no right of withdrawal.
(4) For presence events and when buying goods the withdrawal terms mentioned above will apply.
§ 9 Privacy
(1) The customer agrees with the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG (german data protection law) and the GDPR. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract or the consent of the customer.
(2) Insofar as the customer transmits personal data from third parties, the customer assures that the consent of the third party has been obtained. The customer indemnifies the provider from any claims of third parties in this respect.
(3) The rights of the customer or the person concerned by the data processing arise in particular from the following standards of the GDPR:
Article 7 (3) - Right to revoke a data protection consent
Article 15 - Right to information of the data subject, right to confirm and provide a copy of the personal data
Article 16 - Right to rectification
Article 17 - Right to cancellation ("Right to be forgotten")
Article 18 - Right to restriction of processing
Article 20 - Right to data portability
Article 21 - Right to object
Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
Article 77 - Right to complain to a supervisory authority
(4) For exercising the rights, the customer or beneficiary is requested by e-mail to the provider or to the responsible supervisory authority.
(5) The privacy statement on the website of the provider is referenced.
§ 10 Dispute resolution
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Jurisdiction and applicable law
(1) The business relations between the provider and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.
(2) Jurisdiction and place of performance is the seat of the provider, as far as the customer is a merchant within the meaning of the HGB (german law) or a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.
§ 12 Scope of the Terms and Conditions and changes
(1) Upon conclusion of the contract, the customer agrees to the general terms and conditions.
(2) Any terms and conditions of the customer are not accepted without written confirmation of the provider.
(3) The terms and conditions may be changed by the provider with future effect.
§ 13 Severability clause
(1) Should a provision of these General Terms and Conditions be or become ineffective, the validity of the General Terms and Conditions shall not be affected. In place of the invalid provision, a provision shall come into force that comes as close as possible to the will of the parties as far as possible. The same applies in the case of a regulatory gap.
(2) In case of deviations between the german and english version the german version prevails.
(a) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the provider subsequently informs in accordance with the statutory model. In paragraph (b) there are the exceptions to the right of withdrawal, in paragraph (c) there is a model withdrawal form.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not a carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear statement (eg a letter sent by post, telephone call or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
(aa) sale of goods
(1) If you withdraw from this contract, we will have to pay back to you all the payments we have received from you, including the delivery costs (except for the additional costs that result from using a different type of delivery than the one we offer, favorable standard delivery), immediately and no later than fourteen days from the day on which the notification of your withdrawal of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case you will be charged for this repayment fees.
(2) We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
(3) You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
(4) You bear the immediate costs of returning the goods.
(5) You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is unnecessary for the purpose of checking the nature, characteristics and functioning of the goods.
(bb) sale of services
If you withdraw from this contract, we shall reimburse you for any payments we have received from you without delay and at the latest within fourteen days from the date on which we received notice of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case you will be charged for this repayment fees.
(b) The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal does not apply to contracts for the provision of services related to leisure activities where the contract provides for a specific date or period for the provision of services.
The right of withdrawal expires in the case of a contract for the provision of services, even if the provider has provided the service completely and has only commenced the execution of the service after the participant has given his express consent and at the same time his knowledge has confirmed that he loses his right of withdrawal with full performance of the contract by the provider.
The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier, even if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the contractor will terminate the contract before expiry the period of revocation begins and has confirmed his knowledge that he loses his right of revocation by agreeing to do so when the contract is executed.
(c) The provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to revoke the contract, please fill out this form and send it back. The form is for convenience only, it does not have to be used. )
Academy of Face Reading Limited
Ventris Road 17
Flat / RM C 4 / F Pioneer Court
Happy Valley, Hong Kong
Or by e-mail: email@example.com
- I / we (*) hereby revoke the contract concluded by me / us (*)
on the purchase of the following goods (*) /
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
(*) Please delete as appropriate
The withdrawal can also be explained by phone:
Telephone: +49 (0) 160 90 29 39 05
(Any costs for calls are dependent on the tariff of the customer.)
End of withdrawal.