General Terms and Conditions and Right of Withdrawal for Consumers of Tanya Schindelin
Part 1: Scope of application and applicable law
1 Scope of application
(1) The following General Terms and Conditions apply to all legal transactions with consumers and entrepreneurs with
Tanya Schindelin
Eldoradostraße 30
74211 Leingarten
Germany
hereinafter referred to as Tanya Schindelin. Legal transactions can be concluded in person, by post, by messenger, by e-mail, in an initial consultation or via the website.
(2) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text shall take precedence in the event of any differences in language usage.
(3) These GTC apply exclusively. I do not recognize any terms and conditions that conflict with or deviate from these GTC that you use unless I have expressly agreed to their validity in writing or in text form.
(4) In individual cases, I use a supplementary agreement in addition to these GTC. This shall be concluded separately between us and, in case of doubt, shall take precedence over these GTC.
2 Applicable law and consumer protection regulations
(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany if:
a) you order as an entrepreneur,
b) you have your habitual residence in Germany or
c) your habitual residence is in a country that is not a member of the European Union.
(2) In the event that you are a consumer within the meaning of Section 13 BGB and you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
(3) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
(4) Swiss substantive law applies exclusively to Swiss consumers. German law is agreed for business customers from Switzerland.
(5) The version of these GTC valid at the time of booking/ordering shall apply.
(6) The prices at the time of booking/ordering apply.
(7) If certain discounts or special offers are advertised, these are limited in time or quantity. There is no entitlement to them.
Part 2: Conclusion of the contract, payment modalities, term of the contracts and revocation
3 Subject matter of the contract
(1) The subject of the contract may be the following services (whereby the list is not exhaustive):
· Coaching
· Mentoring
· Training
· Group Coaching
· Coaching-Programs
· Online-Programs
· Courses und seminars
(2) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
4 Prices, terms of payment and due dates
(1) My prices are to be understood as gross prices(incl. statutory VAT, indicated for Germany).
(2) An invoice is always sent to you by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to me. If payment in installments has been agreed upon, then the respective installment is due by the 7th of each month and must be paid to me.
(3) Access to the respective services/programs/coachings is subject to prior receipt of payment. As soon as I have received your payment/installment payment, you are entitled to my corresponding consideration from this point on.
(4) Access to my member area will only be granted once the amount has been credited to my account. As a rule, you will then immediately receive your access data for the member area/the link to generate your access data for the member area.
(5) In some cases, I also offer payment in installments. The total amount may be higher compared to full payment. I will inform you of this amount in advance. Early termination of an installment payment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the increased installment amount, if applicable) in part or in full at any time before the end of the agreed period.
(6) Interest will be charged for late payments for both purchases and installment purchases in the agreed amount (the installment payment amount is usually higher than for a one-off payment) as well as costs for appropriate reminders. If the internal dunning process is unsuccessful, I can hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for legal representation.
(7) If we have agreed on payment in installments and you do not pay after a reminder in text form and a grace period, I am entitled to terminate the installment payment prematurely and the entire outstanding amount is then due immediately.
(8) You are not entitled to assert a right of retention or set-off against my payment claims, unless they are undisputed or legally enforceable counterclaims.
(9) If you are in default of payment or otherwise in arrears, I am entitled to refuse performance or delivery until all payments due have been made. I am also entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights apply without prejudice to other contractually agreed or statutory rights and claims of mine.
5 Formation of the contract
The following applies to bookings made verbally, by telephone, in writing, by E-Mail, SMS, Whats-App, a messenger service, via my contact form or directly via my appointment booking tool:
(1) In a coaching session, the preparatory initial meeting between me and you forms the basis for the consulting service. You can contact me via email and/or Messenger or book your free initial consultation via email or my appointment booking tool. The initial consultation lasts 30 minutes. The initial consultation takes place by telephone or via Zoom.
(2) If you would like to book an appointment via my appointment calendar, click on the button: “Free initial consultation”/”Register for a free initial consultation”. I use the provider youcanbookme https://youcanbook.me/privacy for this. If you click there, a page will open showing you possible dates.This information will of course only be used for the preparation of our telephone call/zoom meeting. If no contract is concluded with you, I will delete this data immediately.
(3) In the initial consultation, we will clarify whether my offer is suitable for you and your request. I will be happy to answer all your questions on the subject of “karma”.
(4) Offer: With the booking/order you offer me the conclusion of a binding contract.
(5) Acceptance: The contract between us is concluded when you receive my confirmation e-mail.
(6) You can pay by bank transfer/standing order. You will receive an invoice from me by e-mail. The entire invoice amount is due immediately upon commissioning. As soon as your payment has been received, you are entitled to my corresponding consideration.
a. Bank transfer: I will send you the invoice as a PDF file by e-Mail. You then transfer the specified amount to my business account.
b. Standing order: You set up a standing order in my favor.
6 Right of withdrawal for consumers
(1) As a consumer, you have a right of withdrawal in accordance with the instructions in the appendix.
(2) The withdrawal period begins with the conclusion of the contract. The contract is concluded the moment you receive the purchase confirmation email from me. When purchasing a physical product, the withdrawal period begins when the goods have been handed over to you or a person authorized by you. You can cancel your purchase free of charge within 14 days.
(3) In the case of services such as coaching, the right of withdrawal has the following special features:
a) If you purchase the coaching program and I am to start the service directly or within the 14-day withdrawal period, you waive your right of withdrawal to this extent.
b) I will point this out BEFORE you complete your booking/order: „You expressly request that I start the service before the end of the 14-day withdrawal period. You therefore waive your right of withdrawal if I perform the service in full. In the event of a pro rata service to you (as the customer) within the revocation period, I am entitled to the consideration (payment) for the service provided – even in the event of revocation.
(4) If the booking is canceled within 14 days and I have already started my service during this time, you are only entitled to a pro rata refund of your costs. Services already provided will then be deducted from the refund on a pro rata basis.
(5) In the case of digital content/products, the right of withdrawal has the following special features:
a) If you buy a digital product and you receive the entire content immediately after payment, you waive your right of withdrawal.
b) BEFORE completing the order, you declare that you waive your right of withdrawal: “I hereby waive my 14-day right of withdrawal so that I can have full access to the digital content immediately.”
c) AFTER completing the purchase of a digital content, I will confirm the expiry of the right of withdrawal in such a way that you can save this declaration for yourself so that it is accessible to you at any time.
(6) If you have not paid a purchase price for my service or the digital content, but have provided me with your personal data, the right of withdrawal expires by law upon commencement or provision of my service.
7 Contract term and termination
(1) The respective term of our contract depends on the coaching/consulting booked. As a rule, the contract ends automatically through fulfillment. This means that you have paid my entire fee and I have provided the corresponding service in return.
(2) The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on my part exists in particular if you are more than 2 times in arrears with payments, if you intentionally violate provisions of these GTC and/or have intentionally or negligently committed prohibited acts or if our relationship of trust is permanently disturbed.
Part 3: Details on the range of services offered and cancellation conditions
8 Duration of a counseling session and location of the coaching
(1) The duration of the coaching/consulting depends on the program booked.
(2) As a rule, there are 1:1 coaching sessions as well as group coaching sessions.
(3) The coaching/consultations will take place by telephone or online via Zoom. A recording will be made available later for participants who are unable to attend live.
9 Scope of services and unused services
(1) The scope of the product depends on the coaching program/offer/course program.
(2) If a booked appointment is repeatedly canceled by a participant, no further appointment must be offered. This appointment will then lapse. The entitlement to payment for the appointment remains in force. The payment for the appointment will be retained. There is no entitlement to a refund.
(3) As the appointments take place online, it is possible to look up the recorded appointments, especially for group appointments. There is no entitlement to attend the event live. The dates will be communicated in good time so that participants can reserve the time for them.
(4) If you cancel a booked coaching/consultation, you are not entitled to a refund of the payments you have made.
10 Cancellation of the (online) coaching on my part
(1) I am entitled to cancel a group (online) coaching/coaching program/course/seminar, even at short notice, if not enough participants have registered.
(2) I am also entitled to cancel (online) coaching (1:1 or for groups) if the speaker falls ill at short notice and no replacement can be provided.
(3) In cases 1 and 2, we will first try to find an alternative date. If this is not possible, you will be refunded the participation fee. Further costs incurred by you, such as accommodation and travel costs, will not be covered.
(4) If a participant acts in breach of contract by violating these General Terms and Conditions, I have the right to exclude him/her from the online coaching/coaching program/seminar/course.
coaching program/seminar/course. This is particularly the case if the participant disrupts the course of the (online) coaching/coaching program and does not refrain from doing so even after being requested to do so, or if a participant repeatedly fails to keep appointments made (e.g. appointments). In this case, no costs will be refunded.
Part 4: Rights and obligations of the customer
11 Access to the coaching program
(1) This is a personal and non-transferable access to the coaching program/online course/digital products.
(2) You will receive the access data for your member area by e-Mail. You are authorized to download the digital content on a maximum of 5 different devices.
(3) The login data sent during registration (user name, password, etc.) must be kept secret by you and not made accessible to unauthorized third parties.
(4) Ensure that access to and use of your user data is restricted to you. If there are any facts that justify the assumption that unauthorized third parties have gained knowledge of your access data, please inform me immediately so that I can block or change it.
(5) I may block your access temporarily or permanently if there are concrete indications that you are violating or have violated these GTC and/or applicable law or if I have another justified, significant interest in blocking your access. When deciding whether to block your account, I will take your legitimate interests into account appropriately.
(6) Access is only granted after payment for the digital product has been made.
(7) If you have any questions about using the services you have purchased or if access is not working, you can contact my support team (info@tanyaschindelin.com).
12 Right to use the digital content or the documents from the coaching/coaching program/seminar/course
(1) Audio/video and PDF files and other documents may be downloaded and printed out by you for your own use only. Downloading and printing files is only permitted within this framework. In this respect, you may also have the printout made with the technical support of a third party (e.g. a copy store). In all other respects, I reserve all rights of use to the files and documents. This means that the samples and documents and also the knowledge imparted may not be made accessible to third parties, either free of charge or for a fee. The documents are also not intended for consulting use.
(2) Therefore, in particular, the making of copies of files or printouts for third parties, the forwarding or forwarding of files and documents to third parties or other use for purposes other than one’s own study purposes, whether for a fee or free of charge, during and also after completion, requires my express prior written consent.
(3) The trademarks and logos shown on the documents are protected by copyright law. You are obliged to use the documents and files to which you have access only within the scope expressly permitted here or permitted by mandatory statutory provisions even without my consent and not to promote unauthorized use by third parties. This also applies after termination, revocation or cancellation of participation.
(4) Forms of use that are permitted on the basis of mandatory statutory provisions are of course excluded from this reservation of consent.
13 Collection, storage and processing of your personal data
(1) I need the following data from you to carry out and process a booking:
· First and last name
· Address
· E-mail address
· For entrepreneurs also company name and VAT ID no.
Which specific data is mandatory can be seen from the mandatory fields depending on the product.
(2) In the case of chargeable services, the name details, in particular the company name, must be correct. The same applies to the address. The invoices are created on the basis of this information. Should corrections be necessary here, this may lead to additional expenses, which I will charge at a reasonable rate.
(3) If you change your personal details, especially if you change your e-mail address, please notify us by e-mail to info@tanyaschindelin.com.
14 Own provision of suitable IT infrastructure and software
You are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software required to use my online services (in particular web browsers and PDF programs such as Acrobat Reader®, Zoom) yourself and at your own expense and risk.
15 General information about my coaching program/coaching/courses/seminars
(1) The coaching program is based on cooperation.
(2) Participation in the coaching program requires a willingness to learn on your own responsibility. I cannot promise any specific success for these processes. I am merely a process facilitator and provide assistance, patterns and instructions. You alone are responsible for implementing and making management decisions.
(3) You are fully responsible for your own physical and mental health both during the session and in the period between appointments. All measures that you may take as a result of the coaching are your own responsibility. If you have a mental illness or have been medically diagnosed with one, then ask your doctor whether coaching could be useful. I reserve the right to discontinue coaching in such cases.
(4) The coaching sessions cannot replace medical treatment or consultation. Cooperation with doctors and psychotherapists is very important. For this reason, ongoing treatment should not be interrupted or discontinued, nor should any necessary future treatment be postponed or avoided altogether.
(5) Before we started working together, you gave me your separate consent to collect and consider your health data.
(6) I have also pointed out in this declaration of consent that as a coach / consultant I do not make any diagnoses and do not give any medical advice or information.
(7) Counseling requires normal mental and physical resilience. In the case of complaints with disease value, you are requested to seek medical treatment. Counseling is not psychotherapy or medical treatment and is not intended to replace them.
16 Know-how protection and confidentiality
(1) You are aware of the fact that all information that you receive during our cooperation about the way I provide my services (ideas, concepts and operational experience (know-how) developed by me) and which must be kept secret due to legal regulations or the nature of the matter is subject to business secrecy. For this reason, you undertake to maintain business secrecy and to keep the aforementioned information confidential.
(2) Within the framework of a reference agreed in writing, you are entitled to speak/write about the way in which you work with me.
(3) The obligation to maintain confidentiality extends beyond the end of our cooperation.
(4) The following information is not affected by confidentiality if
• they were already known before the confidentiality obligation,
• they were developed independently of me,
• they were or are publicly accessible upon receipt of the information or subsequently became publicly accessible through no fault of your own.
(5) An appropriate contractual penalty shall be payable for each breach of the confidentiality obligation.
Part 5: Confidentiality and liability regulations
17 Confidentiality of both parties
(1) I undertake to maintain confidentiality about all confidential information about you during and after the coaching program.
(2) You are obliged to maintain confidentiality about all information that is to be treated as confidential and of which you become aware in the course of the collaboration and only to use it towards third parties with my prior written consent. This also applies to all documents that you receive from me as part of the coaching program or to which you have access.
(3) In group programs, the duty of confidentiality also applies to confidential information that you learn about other participants during the program.
18 Liability for content
(1)In the coaching program/ in my advice on karma resolution, I point out options for action and give general recommendations for action if necessary. The responsibility for implementation and making management decisions lies solely with you.
(2) The files and documents I have provided are samples that you must adapt to your needs. No liability is assumed for the completeness and up-to-dateness of these samples.
(3) I reserve the right to optimize and adapt the contents at any time.
19 Limitation of liability
(1) I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. In the latter case, however, I shall only be liable for the foreseeable damage typical of the contract. I shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, I am not liable for the constant and uninterrupted availability of the offer.
(3) All of the aforementioned limitations of liability also apply to my vicarious agents.
20 Force majeure
(1) Force majeure shall be deemed to exist if there is an external event that has no operational connection and cannot be averted even with the utmost care that could reasonably be expected. Force majeure is to be assumed in the event of natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fire, political events (wars, civil wars), as well as other events such as epidemics, pandemics, epidemics, diseases and quarantine orders by authorities, countries and states. The lists are not exhaustive; comparable events such as those mentioned in paragraph 1 also fall under the concept of force majeure.
(2) The party that first learns of the event shall inform the other party promptly.
(3) In the event of force majeure within the meaning of paragraph 1, we agree that the contractual services shall initially be suspended for the duration of the hindrance. This means that the services of both parties will be suspended for the time being. Fees already paid in advance for consultations, events, courses, etc. remain with me for this period. If you still have to make payments, the payments for services already rendered are still to be made by you. You can pause payment for services not yet rendered for the period of the contract suspension. Once the unforeseeable event has ended, the contract shall be resumed.
Any further possible damages shall be borne by each party.
(4) If the event lasts longer than 6 months, we are both entitled to terminate the contract in text form with a notice period of 3 weeks to the end of the month. The services already provided by me services are to be paid by you. Fees paid in advance are to be reimbursed by me. If you have made a payment to secure a guaranteed place in one of my events/courses, this fee will not be refunded, as the consideration to secure you a place was provided by me and is incurred regardless of whether the event/course takes place or not. The additional ticket fee, online course fee etc. will of course be refunded to you. Even in the event of this termination, each party shall bear any further losses (e.g. hotel bookings, flight bookings etc.) themselves.
(5) In the event that the event lasts longer than 12 months, the contract will be terminated. I will then prepare a final invoice. This statement will list the services I have provided and the payments you have made. In the event that you still have to make payments for services already rendered, these must be paid within 14 days of receipt of the final invoice. If there is a credit note in your favor, this will be paid to you within 14 days of the final invoice being sent. The final statement can be sent as a PDF attachment by e-mail. Further claims due to force majeure are excluded. Each party is responsible for any damages incurred.
Part 6: Final provisions and place of jurisdiction
21 Amendment of these GTC
These GTC may be amended if there is an objective reason for the amendment. This could be, for example, changes in the law, adjustments to my offers, changes in case law or a change in economic circumstances. In the event of significant changes that affect you, I will inform you of the planned changes in good time. You have a 14-day right of withdrawal after being informed. After expiry of this period, these new regulations will have become an effective part of the contract.
22 Final provisions
(1) The terms and conditions set out here are complete and conclusive. Amendments and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between us about the agreed content of the contract – whereby E-mail (text form) is sufficient.
(2) If you, as a consumer, had your domicile or habitual residence in Germany when the contract was concluded and either moved out of Germany at the time the action was brought by me or your domicile or habitual residence is unknown at this time, the place of jurisdiction for all disputes is the registered office of Tanya Schindelin in Heilbronn, Germany. For merchants within the meaning of the German Commercial Code (HGB), legal entities under public law or special funds under public law, the place of jurisdiction is the registered office of Tanya Schindelin.
(3) I would like to point out that in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following Internet address: https://ec.europa.eu/consumers/odr
I do not participate in the dispute resolution procedure.
(4) Should individual provisions of this contract be or become invalid, this shall not affect the remainder of the contract. The scope of services agreed in the provision shall then be adjusted to the extent permitted by law.
Version 2
January 2024
Appendix
Appendix 1:
Consumer information and withdrawal policy
(1) The language available for the conclusion of the contract is exclusively in German.
(2) The presentation of my services on the website does not constitute a binding offer on my part. Only the booking of a service by you is a binding offer according to § 145 BGB. If this offer is accepted, I will send you a booking confirmation by E-Mail. This concludes the contract for the booking/purchase.
(3) The prices I quote are gross prices including taxes (for Germany).
(4) The data required for the processing of the contract between you and me will be stored by me and are accessible to you at any time. In this respect, I refer you to the provisions of the privacy policy on my website.
(5) As a consumer, you have a right of withdrawal in accordance with the following Instruction –
Cancellation policy
As a consumer, you have the right to withdraw from the contract within fourteen days without giving any reason.
You have no right of withdrawal if you have expressly agreed at the time of your booking / purchase that I should begin to perform the service before the end of the withdrawal period and this service has been fully provided. If I have provided the service in part, you no longer have a right of withdrawal in this respect.
In the case of digital content, you lose your right of withdrawal if you agree to receive immediate access to the entire content.
Start of deadline for booking Coaching/coaching programs/courses/seminars
The withdrawal period is fourteen days from the date of conclusion of the contract. The contract is concluded on the day you receive a confirmation e-mail from me after a successful booking/purchase.
To exercise the right to cancel, you must inform me
Tanya Schindelin
Eldoradostraße 30
74211 Leingarten
Deutschland
or via
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
You can use the attached sample withdrawal form, but this is not mandatory.
Appendix 2
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, I must refund all payments I have received from you within fourteen days of the day on which I receive notification of your withdrawal from this contract. For this refund, I will use the same means of payment that you used for the original transaction. If you have made the payment by bank transfer, please let me know your account details, as I can only see part of your account details on the bank statement.
If you have agreed that I should start with the service before the 14-day withdrawal period has expired, then you must also provide me with the consideration (fee) for these services and in this respect have no claim for reimbursement.
Sample revocation template
Model withdrawal form in accordance with
Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB
Tanya Schindelin
Eldoradostraße 30
74211 Leingarten
Deutschland
or via
info@tanyaschindelin.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the booking of the coaching program (description, so that it can be clearly determined to which booking the revocation refers)
▪ booked on: (*). . . . ./ . . . . .
▪ Confirmation e-mail received on: (*)
▪ Name of the consumer(s);
▪ Address of the consumer(s);
▪ Account details for the refund
▪ Signature of the consumer(s) (only for notification on paper);
Date
(*) Delete as appropriate