General terms and conditions
Linna Füzesi
Im Himbeergrund 16
D-63864 Glattbach
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Contact
Phone: +49 15901413243
e-mail: linnafuzesi@googlemail.com
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vis-à-vis consumers
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§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between us - including contracts concluded by telephone (e.g. Skype, Zoom, telephone, WhatsApp):
Linna Füzesi, Im Himbeergrund 16 in 63864 Glattbach and you as our customer in relation to our programmes and services. The GTC only apply if you are a consumer.
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(2) All agreements made between you and us in connection with the contract arise in particular from these Terms and Conditions, our written order confirmation (contract), if any, and our declaration of acceptance.
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(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
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(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
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§ 2 Subject matter of the contract
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(1) We offer our clients the provision of web-based counselling, training and coaching services in the areas of relationships, partnership, family and personal development. Depending on your booking, the coaching services are standardised (group training) or individualised (individual coaching, couple coaching). The respective service description results directly from our contractual offers.
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(2) We do not owe any specific success beyond the provision of the services booked by the client. The booking of our services is mostly made using means of distance communication, but is not limited to this.
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(3) Unless expressly agreed otherwise in writing, we do not owe the performance of a work. In particular, we can only forecast the success of certain measures and programmes on the basis of existing empirical values.
(4) With regard to the contents of a coaching, service and/or consultancy contract entered into with us, we have a right to determine performance in accordance with § 315 BGB.
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§ 3 Conclusion of contract
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(1) The presentation and advertising of our services on our websites, brochures or within advertisements (for example on Facebook, Instagram) does not constitute a binding offer to conclude a contract with us.
(2) The conclusion of the contract between us and the customer can take place by telephone (video chat, telephone, etc.) or in writing (e-mail). If the contract is concluded by telephone, the customer shall not be entitled to receive the contents of the contract from us again in written form, unless otherwise agreed. If the contract is concluded by telephone, you can correct the information you have given us at any time by simply informing the other party.
(3) Contracts between us and the customer are concluded by telephone through concurrent declarations of intent.
(4) We will immediately confirm the receipt of your orders and orders placed via e-mail, our websites / video chat by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time. In the case of a video chat, our declaration of acceptance may already be made directly in the conversation with you.
(5) If the performance of the services ordered by you is not possible, for example for technical reasons, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and, if applicable, immediately refund any consideration already received.
(6) The contract language is German. In exceptional cases, it may be English if the customer does not speak German.
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(7) The offer/contract text will not be stored by us after conclusion of the contract and is therefore not retrievable by the customer. Exceptions apply in the case of a contract concluded by telephone via video chat, provided we save the recording, and a direct contract confirmation by e-mail. We will inform you of this separately if necessary.
§ 4 Terms of delivery/service
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(1) We are entitled to provide our services in part, insofar as this is reasonable for you or corresponds to the purpose of the contract.
(2) The duration of the coaching or consulting services will be agreed with the client individually.
§ 5 Prices, terms of payment, SEPA direct debit, invoice
(1) All prices quoted to you are net prices excluding the statutory value added tax, which is added when the service is booked. Shipping costs do not apply.
(2) The provider is entitled to commission a third party company located within the EU (e.g. Copecart, Digistore24) to process the payment to the customer,
(3) The payment for our services is generally due in full upon conclusion of the contract, unless the individual contractual agreement with the customer states otherwise.
(4) You may choose to transfer the price owed to one of our specified accounts or grant us a (SEPA) direct debit authorisation. In the event of a (SEPA) direct debit authorisation being granted, we will arrange for your account to be debited on the due date.
(5) If you choose the SEPA direct debit payment method, you are obliged to send us a written SEPA direct debit mandate signed by you immediately after placing the order. In this respect, the sample enclosed is to be used.
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(6) The customer shall receive an invoice for the booked services.
§ 6 Rights of use
(1) Until our remuneration has been paid in full, you are not entitled to any right of use of our course materials (videos, eBooks, PDF etc) unless otherwise agreed. Reproduction and/or transfer to third parties is only permitted with our express prior consent.
(2) We have copyrights to all images, films and texts published on our websites. Any use of the images, films and texts without our express consent is not permitted and will be prosecuted by us under civil and criminal law in the event of infringement.
§ 7 Warranty
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(1) We are liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB - as far as relevant. The limitation period for statutory claims for defects is one year and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the articles.
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§ 8 Conduct and consideration
(1) The customer is obliged to show consideration for our interests when posting ratings and comments within social media. In particular, the customer may not publish / disseminate any untrue statements of fact or defamatory criticism about us and our programmes.
(2) If the customer participates in communities and groups of ours (e.g. on Facebook, Instagram), he is obliged to protect our interests there as well. We are entitled to temporarily or permanently exclude the customer from participation in communities and groups if the customer (e.g. through business-damaging statements) violates or impairs our interests within the group/community.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - insofar as not otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage.
In all other cases, our liability is excluded subject to the provision in para.
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(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
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§ 10 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts.
More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.