General Terms and Conditions
Section 1 – Provider, inclusion by reference of the General Terms and Conditions
(1) The Provider and contracting party for the services presented on our website “juliane-schmidt.com” is
Juliane Schmidt
Hauptstraße 8
27211 Bassum
Germany
phone +49 152 – 2456 9190
e-mail mail@juliane-schmidt.com
(referred to hereinbelow as the “Provider”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Client. We hereby object to any terms and conditions that the Client may have established.
Section 2 – Principles of cooperation
(1) Coaching is a voluntary process and its success depends largely on your involvement – particularly on the information you share with us. Therefore, please be open and honest, and do not withhold any information that could be relevant to the coaching. Only then can we provide you with the best possible support.
(2) Mutual trust is the basis for successful cooperation. We therefore undertake to treat the content of our discussions as confidential. This does not apply if you release us from our duty of confidentiality or we are legally obliged to disclose information. We always conduct our coaching to the best of our knowledge and belief. Our coaching can provide you with valuable suggestions and practical assistance. However, please note that we cannot promise any specific outcome. Neither can coaching replace a medical or psychotherapeutic diagnosis or therapy.
Section 3 – Services offered and conclusion of contract
(1) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in German or English to the Client’s discretion.
(2) If interested, the Client can contact the Provider and request a quote by providing their name, e-mail address, home address and the services desired. Upon receipt of the request, the Provider will assess the extent to which he can meet the Client’s requirements. As far as the desired service is available, the Provider provides the Client with an individual offer by e-mail.
(3) The offer shall bind the Provider for one week. Until expiration of the commitment period, the Client can accept the offer by e-mail, which will result in the conclusion of the contract. A confirmation received after expiry of the commitment period shall be handled as new offer from the Client and only lead to a sales contract if the Provider confirms the Client’s offer.
(4) The Provider confirms the conclusion of the contract by e-mail (contract confirmation).
(5) The Provider stores the offer and the contract confirmation sent by e-mail to the Client. Beyond that, the Provider will neither save the contract text nor make it accessible to the Client. Therefore, the Client is advised to save the e-mails received from the Provider for later reference.
6) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Client by e-mail. At the same time, the Provider stores the contract text in his electronic data processing. As the Client cannot access the Provider’s data, it is the Client’s responsibility to save the e-mail with the contract text for later reference.
Section 4 – Prices and payment
(1) All product prices are total prices. Prices include VAT.
(2) The Customer can use the following payment method for his order: bank transfer.
(3) The Provider shall only perform his service when the Client has made payment. In this respect, the Client is obliged to pay in advance.
(4) For services provided towards Clients outside the European Union, the Client may be obliged to pay import tax to his local tax authority (“Reverse Charge”). The Provider has no means of influencing this local tax.
Section 5 – Coaching Sessions
(1) Coaching sessions shall take place on the agreed date and time at the provider’s place of business, unless another location or a remote session by video conference has been agreed.
(2) For online sessions, the Client shall receive the necessary access information after scheduling the appointment. It is the Client’s responsibility to keep the access information protected from access by third parties.
(3) Participation in an online session requires that the participant has an Internet-capable terminal with microphone and camera, and an Internet connection with download and upload bandwidthsq of at least 6 MBit/s.
(4) Coaching sessions – where provided online – are no distance learning in terms of § 1 FernUSG (German Distance Learning Act).
(5) Recording video and/or audio data of coaching sessions is not permitted unless all participants have given their express prior consent.
Section 6 – Right of withdrawal for consumers
(1) A Client ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
(3) The details result from the withdrawal information.
Section 7 – Cancellation Policy
(1) For booked coaching sessions, the Provider grants the Client a right of cancellation under the following conditions: Up to the end of the 2nd day before the start of the event the Client may cancel the contract while the Provider will not charge a cancellation fee. The cancellation shall be only effective if it is made in text form (e.g. by e-mail). The Provider shall immediately refund to the Client any fee already paid for the cancelled contract.
(2) This right of cancellation does not affect the Client’s statutory rights to withdraw from the contract for other reasons.
Section 8 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 9 – Out-of-court Dispute Resolution
We are neither obliged nor willing to participate in consumer dispute resolution proceedings.
Section 10 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
