Our Terms and Conditions

Terms and Conditions

Last Modified: 2 July 2023

1. General and scope of application

The following General Terms and Conditions of Business and Participation apply to all contracts concluded between Opinari UG ("OPINARI"), Plazerstrasse 15, 81375 Munich, represented by its Managing Director Gretchen Nemechek, and the Participant, including by way of distance selling, for participation in (online) seminars, (online) coaching sessions and (online) workshops (hereinafter "Trainings"). Supplementary agreements and/or collateral agreements are only valid if OPINARI expressly agrees. In these GTC, partly different regulations are made for consumers and entrepreneurs.

According to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 

According to § 14 of the German Civil Code, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

2. offer and conclusion of contract by way of distance selling via opinari.co

2.1 The offers of OPINARI at opinari.co are non-binding catalogue offers. The participant can select from the various training courses and is taken to the registration form by clicking on "Enroll Now".  After entering the personal details required for booking and the other details required for the training, the participant makes a binding offer to participate in the respective training by clicking on the field “Pay" as the last step of the booking process. The participant has the opportunity to check and, if necessary, change his or her entries before clicking on the "Pay" button. To do this, they can check their entries in the respective line and change them if necessary.

2.2 Once the participant has completed the booking process, OPINARI will immediately confirm receipt of the registration by e-mail. This confirmation of receipt does not constitute a binding acceptance of the registration. The contract is only concluded with the training confirmation and the sending of the invoice by OPINARI. The training confirmation and invoice will be sent to the participant by e-mail. If the participant does not receive either a training confirmation or an invoice within 3 days, he is no longer bound to his registration.

3. conclusion of contract offline

Insofar as the contract is not concluded via the opinari.co\stripe platform, the contract shall come into existence through the binding signature of the participant on the OPINARI registration form. 

4. prices

The prices quoted by OPINARI are consumer end prices. For companies, the sales tax is shown on the invoice. 

5. terms of payment

5.1 In case of the payment method "prepayment/invoice" the amount is due for payment within 10 days after receipt of the invoice. If the online booking or the registration for a training takes place less than 10 days before the training starts, the payment has to be received by OPINARI at the latest one day before the training starts. The payment shall be deemed to have been received on the working day following the payment instruction. For the payment methods PayPal and credit card, the payment is due with the registration. 

5.2 In the event of default of payment by the Participant, the statutory provisions on default shall apply. Pursuant to § 288 BGB, the interest rate vis-à-vis a consumer shall be 5% points above the base interest rate per annum and vis-à-vis an entrepreneur 9% points above the base interest rate per annum.

In addition, OPINARI reserves the right to block the Participant's access to its online training courses or to exclude the Participant from participation in face-to-face training courses for the period of default. 

5.3 The Participant is only entitled to set-off rights, as far as it does not concern counterclaims resulting from the same contractual relationship, if his counterclaims are legally established, undisputed or acknowledged by OPINARI.

5.4 If the Participant is an entrepreneur, he is not entitled to rights of retention, as far as it does not concern counterclaims from the same contractual relationship, if his asserted counterclaims are disputed by OPINARI, these are not legally established or ready for decision.

5.5 The invoice will be issued to the billing address given at the time of booking. It is the participant's responsibility to check all data provided for accuracy and completeness before sending the booking. A claim for subsequent correction of the invoice only exists if the invoice data does not match the data in the completed booking form. A subsequent change of the invoice addressee, e.g. from a private to a business participant or vice versa, will not be made.

6. training contents and availability of contents; changes

6.1 The contents of the trainings result from the respective description in the offers on opinari.co. 

6.2 OPINARI reserves the right to change the time and, if classroom training is offered, the location of events within reasonable limits. 

6.3 In principle, there is no entitlement to a specific speaker, unless individual coaching with a specific speaker has been explicitly booked. Should a speaker be unavailable due to illness, accident or another important reason, OPINARI has the right to have the training carried out by an adequately qualified and suitable speaker. If no suitable speaker is available as a substitute or in case of booking an individual coaching with a specific speaker, OPINARI is entitled to postpone the training date. In case of a postponement of more than 6 months, the participant has the right to withdraw from the contract, which has to be exercised within 14 days after receipt of the notice about the postponement. 

7. participation in the community

7.1 OPINARI offers Participants the opportunity to exchange via the OPINARI Community, which Participants can access via their user account at opinari.com/community. 

7.2 In the community, respectful and polite communication is to be observed. The dissemination of racist, sexist or insulting statements is prohibited. OPINARI will delete such content at its own discretion and warn the participant. In case of repetition, OPINARI reserves the right to exclude the participant from the community.  

8. training materials

If accompanying documents are handed out to the participant within the scope of the training, he/she acquires a simple right of use for the training participation and his/her own use. The same applies to the training documents made available online. Making them publicly available, copying them for or passing them on to third parties is not permitted. 

9. liability

9.1 OPINARI accepts no liability for the achievement of a personal goal of the participant or any other success. 

9.2 Unless otherwise provided in these GTC including the following provisions, OPINARI shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

9.3 OPINARI shall be liable for damages - irrespective of the legal ground - within the scope of fault liability in case of intent and gross negligence. In case of simple negligence OPINARI is liable, subject to legal limitations of liability (e.g. diligence in own affairs; insignificant breach of duty), only

a) for damages resulting from injury to life, body or health,

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the Contractual Partner regularly relies and may rely); in this case, however, OPINARI's liability shall be limited to the compensation of the foreseeable, typically occurring damage.