General Business Terms (GBT)
§1 Scope of application/general terms
The following terms and conditions apply in the version valid at the time of conclusion of the contract for all business relations between ES Potentialberatung GbR (hereinafter also referred to as “we” or “us”), Preuskerstraße 12, 01558 Großenhain, Germany and yourself (hereafter referred to as “client” or “you “). Our GBT and our GDPR are part of every contract between you and us.
The contract is concluded between the client and ES Potentialberatung GbR, Preuskerstraße 12, 01558 Großenhain, Germany.
Contract languages are German and English
1.4 Age limit
By accepting these terms and conditions, you are assuring us that you are 18 years or older.
§2 Subject and conclusion of the contract
2.1 Conclusion of contract
A binding conclusion of contract comes only by a written order confirmation by us by e-mail, which we send you after the expiry of processing time and after receipt of the payment specified in the offer on our PayPal account.
2.2 Claim to the service offered
There is no general claim to participation in the service offer. We reserve the right to refuse requests without stating reasons.
By the receipt of the payment on our PayPal account, our GBT, as well as our GDPR, apply as accepted. All ancillary agreements require our written confirmation. ES Potentialberatung GbR is entitled at any time to amend or supplement these General Terms and Conditions, including all possible attachments, with a reasonable period of notice.
2.4 Service contract
Unless otherwise agreed in writing, the contracts concluded between you, the client and us, ES Potentialberatung GbR are service contracts. The Subject of the contract is, therefore, the provision of the agreed services, not the achievement of success in some sort.
§3 Performance description
We provide you with coaching offers, which you can book directly through our website www.heilueben.com. The exact contents can be found in the respective program description.
We are entitled to have the contract or parts of the contract fulfilled by third parties.
3.3 Service delays
Performance delays due to force majeure and due to extraordinary and unforeseeable events, which can not be prevented by utmost care from us (this includes in particular strikes, official or court orders and cases of improper or improper self-supply despite the covering business), we do not have represented. They entitle us to postpone the performance for the duration of the obstructing event.
3.4 Prevention on your part
Should you be indisposed due to illness or other important reasons for the agreed date, we have to make side agreements in writing about a postponement of the originally arranged date.
In case of unavailability for reasons mentioned above, we can withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse immediately any compensation already paid.
3.6 Time of performance
We start with the provision of services according to the date agreed in the contract.
3.7 Right of retention
3.7 Right of retention
The assertion of a right of retention only applies to such counterclaims that are due and based on the same legal relationship as your obligation.
3.8 Service provision via zoom
Any and all online services will be provided via zoom.
3.9 Right to participate
The right to participate in the offered coaching consists only of a contract between the customer and us.
§4 Right of cancellation
Due to (a the individualisation of our offer to the customer and (b the nature of a leisure time arrangement of our offer there is no right of cancellation according to §312g BGB right of cancellation paragraph 2 sentence 1 and 9.
§5 Your responsibilities
You are solely responsible for the content and accuracy of the data and information you provide. These may not violate the applicable laws or these terms and conditions. You also undertake not to transmit any data whose content violates the rights of third parties (such as personal rights, name rights, trademark rights, copyrights, etc.).
You shall indemnify us from any claims asserted against us by third parties for such violations. This includes the reimbursement of costs of necessary legal representation.
5.3 Data protection
You are solely responsible for the security of the information you are transmitting. We can not be held responsible for the loss of information sent to you as we do not provide a general data protection guarantee.
5.4 Duty to collaborate
You are obliged to provide the necessary collaboration for the contract so that we can perform the contractual service. This means u. a. that you are reachable on the agreed dates and via the contact details sent to us by e-mail.
5.5 Special note
A success resulting from the execution of the contract in the sense of an actual improvement of the quality of life or an economic success is not owed. We are also not liable for the improper application and / or implementation of the recommendations contained in our services or in the documents provided. You are to inform yourself beforehand whether our proposals for action are suitable for you or whether they are associated with further risks. We only provide you with our products or services. The handling and implementation is solely up to you.
6.1 Goals of the provided offer
Every offer we make in consulting and coaching will be about HeilÜben with which the founder Laureen Richard ended pain and inflammation and has been healthy ever since. We provide information about the HeilÜben for self-help and thus aim to pass on experience. However this does not replace medical or therapeutic treatment and is to be used at your own responsibility. It is not our intention to make diagnoses or make therapy recommendations.
§7 Copyright and usage rights
The content and structure of the products and services offered by us and the related documents and files including all authorized copies are our intellectual property.
We do reserve the right to designate you as a reference and to take pictures in the services offered and to reference them in brochures, brochures and our website. You are entitled to a right of objection.
7.3 Consultation results
You may use the results, information, and documentation provided in the agreement only for private or corporate purposes. We reserve all rights and claims relating to copyrights, trademarks and other related intellectual property rights, as well as all methods, procedures, ideas and concepts and contents of the healing practice that are contained in the results to be provided. You are entitled to the limited, irrevocable and non-transferable right to use these services, which is otherwise unlimited in terms of time and place.
7.4 Copyright infringement
We do reserve the right to claim for any breach of the contractual conditions, especially in case of copyright infringement.
§8 Availability of our services
8.1 Further development of the service/availability
We endeavor to adapt our services to current technical developments. We do therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the customer taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation for purposes of updating and maintenance partially or completely within reasonable limits. We also do not guarantee the availability of the services offered at any time and do not guarantee that the services offered or parts thereof can be made available and used from any location.
8.2 Technical requirements
The use of the website or our services requires compatible devices (for example, functioning internet access or programs that allow video telephony). It is up to you to put or to keep the device in a state, that allows the use of our services.
9.1 Disclaimer of liability
We and our legal representatives and vicarious agents are liable only for intent or severe negligence. Insofar as essential contractual obligations (consequently such obligations whose fulfillment is of particular importance for the achievement of the purpose of the contract) are also liable for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the case of a grossly negligent breach of non-essential contractual obligations, we are liable to contractors only in the amount of the foreseeable, contract-typical damage.
9.2 Product Liability Act
The disclaimer above does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act remain unaffected by this disclaimer.
9.3 Application and implementation
We are not liable for an improper application and/or implementation of the recommendations contained in our services or in the documents produced. You have to inform yourself in advance whether our proposals are suitable for you. The remaining liability clauses are not affected by this.
§10 Closing provisions
10.1 Place of jurisdiction
Our place of business is the exclusive place of jurisdiction for all legal disputes may arising from this contract.
10.2 Choice of law
Unless compelling statutory provisions contrary to your home law, German law is to the exclusion of UN sales law as agreed.
10.3 Additional fees
Payment via PayPal allows you to pay in any currency accepted by PayPal, but we reserve the right to charge processing fees should you not pay in any of the following currencies: euros, US-dollars or british pounds.
10.4 Photo and video recordings
Pictures will be taken during the event. In the following, we will inform you about the type and purpose of the pictures, about the legal basis and your rights.
The images are used for the following purposes: making the images available to the participants; Internal image database or image archive; Public reporting on the event.
Legal basis of the recordings: legitimate interests in the use of the recordings for the aforementioned purposes in accordance with Art. 6 para. 1 sentence 1 lit. f., 85 GDPR in connection with §§ 22, 23 KUG.
Retention period of the image recordings: The image recordings are kept for as long as is necessary for the aforementioned purposes. The images can be stored internally without restriction, e.g. to secure copyright claims by proof of original recordings or for historical / archival reasons.
ES Potentialberatung GbR
01558 Großenhain, Deutschland
Your rights: You can assert your right to information or correction, deletion and restriction of the processing of the photographs and you can complain to the responsible supervisory authority. You can object to the processing of recordings and data that concern you at any time.