General Terms and Conditions

General Terms and Conditions for cooking classes

Article 1 Scope of validity of the GTAC
(1) Cooking classes in Shane McMahon's cookery school (hereinafter referred to as the Principal) are booked and held on the basis of the following terms: Article 2 Booking and conclusion of contract (1) Bookings are only accepted subject to actual availability.
(2) By registering for or booking a cooking class on the internet, the Client offers the Principal the conclusion of a contract on the basis of the description of the applicable cooking class contained on the homepage, of these GTAC and of all additional information provided during the booking process.
(3) The contract between the Client and the Principal becomes valid upon the Principal sending acceptance of the offer (booking confirmation). The Client is obliged to immediately compare the booking confirmation received with the information he/she provided during the ordering process. The Client must inform the Principal immediately of any divergencies between the offer and the order confirmation.
(4) The Client is liable for all obligations for registered participants arising from the contract.

Article 3 Payment and order confirmation
If the class is available, the Client shall pay the Principal the full amount owed, online and directly via PayPal, bank transfer, Master or Visa card.

Article 4 Withdrawal by the Client and change of booking
(1) The Client can withdraw from the contract or change the booking of a cooking class at any time up to the start of the cooking class, by means of a written declaration to the Principal.
(2) A booking change shall, however, only be possible in as much as there is space available for the Clients in the substitute class requested.
(3) In the event of a cancellation or rebooking by the Client, the Client shall be booked the following costs: - up to 28 days before the start of the cooking class: 0% of the invoice amount, - up to 21 days before the start of the cooking class: 50% of the invoice amount, - up to 7 days before the start of the cooking class: 100% of the invoice amount. The Principal or Client retains the right to prove that the amount actually owed is higher or lower than those cited above. Upon withdrawing from the contract, substitute participants may be named for the class. In this case, the Client is not liable for any further costs.

Article 5 Withdrawal by the Principal
(1) The Principal can withdraw from the contract if fewer than ten participants are registered to attend the class.
(2) In such case, the Principal must cancel the cooking class immediately by means of written notification to the Client, as soon as it is known that the cooking class will not take place because the minimum number of participants has not been reached.
(3) In the event of a withdrawal by the Principal because the minimum number of participants has not been reached, the Principal shall nominate a substitute date for the class or, if the Client cannot attend on the substitute date, reimburse the Client the invoice amount.
(4) In the event of Shane McMahon being prevented from attending the class for reasons of force majeure, the class will be held by the chef de cuisine of the Shane McMahon cookery school. This shall not lead to a reduction in the agreed price.

Article 6 Liability
(1) The Client participates in the cooking class at his/her own risk. The same applies for any persons registered by him/her.
(2) Incompatibilities with or allergies to certain foods and/or spices (also on the part of other persons registered by the Client) are to be reported to the Principal in good time in advance.
(3) There shall be no liability on the part of the Principal, in as much as any damage arising to the Client is not due to the intent or gross negligence of the Principal or its vicarious agents. In the event of injury to life, body or the health of the Client, the Principal shall be subject to statutory liability.
(4) The Client shall be liable to damage he/she causes to the Principal or any other participants in the cooking class.

Article 7 Exclusion from events
(1) The Principal reserves the right to exclude Clients from a cooking class whose states of health endanger the adherence to hygiene regulations. Such Clients shall include in particular people with open wounds on their hands or arms, and Clients with fever and/or a cold or who may have other contagious illnesses.

Article 8 Data protection
(1) We point out that personal data will be processed as provided for by the German Federal Data Protection Act, within the course of or in connection with business relationships, irrespective of whether such data originate from Shane McMahon himself or from other third parties.

Article 9 Final provisions
(1) Visual or audio recordings may only be made during the cooking class with the consent of the Principal and the other participants in the cooking class. (2) Should any provisions of these GTAC be or become invalid, this shall not affect the validity of the remaining provisions. In such case, each invalid term shall be replaced by a valid one that is equivalent to or that meets as closely as possible the purpose of the invalid provision. The same applies to provisions that may prove to be lacking in the GTAC.

General Terms and Conditions Shop

Article 1 Scope of validity of the GTAC
(1) These General Terms and Conditions (hereinafter referred to as: GTAC Shop) apply to all contracts between Shane McMahon any you as our Client that are entered into through our online shop at www.shaneskitchen.de. The GTAC Shop apply irrespective of whether you are a consumer, an entrepreneur or a business person.
(2) The version of the GTAC Shop that was valid at the time of entering into the contract shall be authoritative.
(3) We do not accept any differing terms of the Client, even if we do not explicitly object to their inclusion.

Article 2 Conclusion of contract
(1) By presenting and advertising articles in our online shop, we do not make a binding offer for the sale of any given articles.
(2) The sending of an order through the online shop by clicking on the "Order" button makes the order legally binding for you.
(3) We will confirm receipt of your order placed through our Shop immediately by e-mail. This e-mail does not represent a binding acceptance of your order, unless such acceptance is declared in the e-mail in addition to the confirmation of receipt of your order.
(4) A contract is not entered into until we accept your order by declaring our acceptance of it or deliver the ordered article(s).

Article 3 Prices and forwarding
(1) All prices stated in our online shop include German VAT. There are no forwarding costs, as our vouchers are delivered in the form of a download.
(2) If you effectively revoke your declaration of willingness to enter into a contract in accordance with Article 5, you can demand reimbursement of costs already paid pursuant to the statutory requirements (c.f. Article 5 section 3 for other consequences of revocation).

Article 4 Terms of payment and offsetting
(1) The purchase price is due and payable immediately online by means of immediate bank transfer, PayPal, Master or Visa card.
(2) You do not have the right to offset our claims against counterclaims of your own, unless such counterclaims have been recognised by law or are undisputed.

Revocation policy

Article 5 Right of revocation
(1) Consumers have a statutory right of revocation, which we inform you of in the following. A consumer is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activities (§13 German Civil Code of Law [BGB]).
(2) The following revocation instructions apply for all contracts entered into for the products we offer.

(1) The Client may revoke purchase agreements relating to goods deliveries within one month of receiving the goods, for no reason. Such revocation must be made in writing, as text or by returning the goods to Shane's Restaurant. The one-month period begins upon receipt of this notification at the earliest. The time of sending the revocation or goods shall apply when determining adherence to the one-month deadline. We also provide the option of an electronic revocation form, which you can find at Revocation Form.

(2) Upon effectively exercising the right of revocation, the Client is obliged to return the goods or voucher if it has a value including VAT of at least EUR 40.00. If it is worth less than EUR 40.00, the Client shall bear the costs of returning the goods or voucher. The return address is:

Shane's Restaurant
Geyerstrasse 52
80469 Muenchen
Germany

(3) In the case of a revocation, the Client is also obliged to provide compensation for any deterioration of the goods arising from their proper use. The Client can prevent this by merely inspecting the goods as to their usability and suitability. Unless otherwise agreed, the Client is also liable for any further deterioration or destruction of the goods in question.

(4) The right to revoke the contract is irrespective of the Client's right to assert claims for defects.

Consequences of the revocation

If you revoke this contract, we will return all payments we have received from you within 14 days of receiving your revocation. We will use the same form of payment for the reimbursement as you used for the original transaction, unless explicitly otherwise arranged with you. No fees will be charged to you for the repayment. We may postpone the repayment until we have received the returned goods or you have proven that you returned the goods, whichever occurs earliest.

You must return the goods to us immediately and no later than within 14 days from the day on which you inform us of your revocation of this contract. The date of sending the goods shall be applicable when determining whether the deadline has been upheld.

You bear the costs of returning the goods.

You must only pay for any loss of value of the goods if such loss of value is incurred as the result of their treatment in a way that was not necessary to determine the condition, qualities or function of the goods. (3) The time of sending the revocation or goods to Shane McMahon, Geyerstrasse 52, 80469 Muenchen, Germany, tel.: 089/74646820, fax: 089/74646821, e-mail: info@shanesrestaurant.de shall apply when determining adherence to the deadline. We also provide the option of an electronic revocation form, which you can find at Revocation Form.

End of the revocation policy

Note on statutory exceptions to the right of revocation Pursuant to the statutory provisions (§ 312d section 4 no. 1 BGB and § 312b section 3 no. 5 and 6 BGB) you have no right of revocation in the case of, for example, distance sale contracts for the delivery of goods manufactured according to your specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature, that can spoil quickly, for which the expiry date has been reached, or for contracts for the delivery of food or beverages.

Article 6 Material and legal defects
In the event of delivered articles having material or legal defects, you have all rights provided by law regarding damages or the reimbursement of wasted expenditure, subject to statutory provisions. The restrictions and exclusions in Article 9 apply.

Article 7 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent or gross negligence, subject to the statutory provisions regarding damages and the reimbursement of wasted expenditure.
(2) In other cases – unless otherwise provided for in section 3 – we shall only be liable in the event of a breach of a contractual obligation, the proper fulfilment of which would make it possible fulfil the contract, and the adherence to which you may regularly depend on as the Client ("cardinal obligation"), restricted to the replacement of the foreseeable and typical loss. In all other cases, there shall be no liability on our part, subject to the provision in section 3.
(3) Our liability for losses arising from damage to life, body or health, and under product liability law, remains unaffected by the above restrictions and preclusions of liability.

Article 8 Data protection
(1) We point out that within the scope or in the context of the business relationship, personal data are processed in the sense of the German Federal Data Protection Act, irrespective of whether they originate from Shane McMahon himself or from third parties.

Article 9 Applicable law
(1) The law of the Federal Republic of Germany shall apply, under preclusion of UN purchase law.
(2) The place of jurisdiction is Munich.

Back

0