Status: 09.11.2021
1 Scope
1.1 These General Terms and Conditions apply to all contracts that a consumer or entrepreneur (hereinafter: "Customer") concludes with Aila Kick - Personalised Health & Nutrition Coaching, Owner: Ms. Aila Kick, Ebnerweg 2a, 82256 Fürstenfeldbruck, Germany (hereinafter: Provider) directly (e.g. by e-mail or similar) or via the appointment booking function on the website for services of the Provider (hereinafter also: Service).
1.2 The Provider expressly objects to the inclusion of any terms and conditions of the Customer, unless the contracting parties agree in writing on a deviating provision.
1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4 Should individual provisions of the Terms and Conditions prove to be void or ineffective, this shall not affect the validity of the remaining provisions. The parties undertake to agree, in place of the void or ineffective provisions, such provisions that have as far as possible the legal and economic content of the void or ineffective provisions. In the event of a loophole, this provision shall apply accordingly.
2 Subject of the contract
2.1 The provider is a certified nutritionist (Nutritional Therapy, Dipl ION, Richmond - UK) and a member of BANT (British Association for Nutrition and Lifestyle Medicine, UK).
It offers the following services:
3 Offer and conclusion of contract
3.1 The services described on the website of the Provider do not constitute binding offers of the Provider, but serve as illustration and submission of an offer by the Customer
3.2 The Customer has the option to request the services by booking an appointment (currently via the tool Calendly) on the homepage of the Provider or by e-mail, telephone with the Provider. The contract is concluded when the customer submits a binding registration and the provider accepts this offer.
3.3 When booking an appointment via the homepage, the customer selects a suitable date for the service as well as the duration (one-time or a package with 3 appointments) and, after entering his billing and contact data and, if applicable, assigning a password if he wishes to create a customer account, has the opportunity to check and, if necessary, correct his information. After confirming that he has read and accepted the GTC and the privacy policy, the customer submits a binding offer to conclude a contract to the provider by clicking on the button "Book bindingly now". The contract is concluded by transmission of the order confirmation by the provider.
3.4 Together with the order confirmation, the Supplier shall send the Customer the text of the contract as well as these General Terms and Conditions together with the cancellation policy. The contract text will be stored by the provider.
3.5 Registration of minors is only possible in coordination with the provider and only with a written declaration of consent from the parent or guardian, unless a parent or guardian participates themselves.
3.6 The scope of the contractual service obligation results exclusively from the service description of the Provider and/or the information in the contract confirmation. Ancillary agreements that change the scope of the contractual services require express written confirmation.
4 Prices and payment methods
4.1 The agreed prices apply. These include the statutory value-added tax, which is shown separately, and are exclusive of travel expenses and expense allowances, which will be notified to the customer in advance.
4.2 The following payment options are currently available to the customer:
Invoice
In case of payment on invoice, the invoice amount is due immediately upon receipt.
Stripe
The payment methods invoice, credit card payment and direct debit are processed in cooperation with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, available at https://stripe.com/de/legal, to which the Provider assigns its payment claim. If the payment method invoice is selected, the following shall apply: The invoice is payable within 14 days from the invoice date. The invoice will be issued upon shipment of the goods and sent by e-mail. Payment is made directly to the seller If the credit card / direct debit payment method is selected, Stripe will collect the invoice amount from the customer's specified credit card / current account. In case of assignment, payment can only be made to Stripe with debt discharging effect. The credit card / account will be debited immediately after sending the customer's order in the online store. Even if the payment method invoice / credit card payment / direct debit via Stripe is selected, the provider remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
4.3 If the customer is in default with his payment obligations, the provider may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
4.4 The Provider shall always issue an invoice to the Customer, which shall be sent to the Customer in text form.
5 Cancellations and rebookings
5.1 Customers may cancel and rebook confirmed booking requests under the conditions set out in section 2. If the customer is a consumer, he/she is also entitled to the right of withdrawal described at the end of these GTC. In this case, the following provisions shall only apply after the expiry of the cancellation period. The right to extraordinary termination shall also remain unaffected by the following provisions.
5.2 The customer's declaration of participation is binding and can only be declared invalid after consultation with the provider. If no other arrangement has been agreed, the following applies in general:
6 Change in implementation by the provider
6.1 The provider reserves the right to cancel, postpone or terminate the event:
7 Scope of services and services not used
7.1 The scope of services is determined by the respective contract between the parties.
7.2 The provider may exceed or fall short of the time stipulated in the contract by +/-10% without giving rise to a claim for an increase or reduction of the participation fee.
7.3 If the event is extended at the request of the customer or participants, the provider reserves the right to charge separately for the additional time on the basis of the underlying hourly rate.
7.4 If the event is terminated prematurely at the request of the customer or participant, or if a customer/participant terminates their activity before the end of the event, there is no entitlement to a reduction or refund of the participation fee.
7.5 Late appearance or non-appearance ("no-show") at the event does not entitle the participant to a reduction or refund of the participation fee. This also applies in the event that individual participants of a group event do not appear or do not appear on time and the event can therefore only begin with a delay.
7.6 If individual services are not used by a customer / participant, the provider reserves the right to charge the entire participation fee nevertheless. This does not apply if the customer / participant can prove that no or only minor damage has occurred.
7.7 Other costs directly related to the event shall be borne in full by the customer in the cases mentioned in paragraphs 3 to 6, if applicable.
7.8 The Provider reserves the right to cancel events in individual cases for good cause (e.g. illness, injury, unacceptable weather conditions, danger to life and limb, force majeure, official orders and recommendations):
8 Obligations of the customer
8.1 The customer has the obligation to provide complete information regarding any pre-existing conditions, known allergies and intolerances, current illnesses, medications and other medical treatments as well as diets and other nutritional advice.
8.2 The Provider recommends the Customer to visit his doctor regularly during the participation in the Service and to have check-ups.
8.3 The customer further undertakes to provide the information on his person as accurately as possible.
8.4 Furthermore, the Customer is obligated to obtain any consent from third parties who may be affected by the Provider's services prior to the commencement of the Provider's activities and to confirm the existence of the consent to the Provider.
9 General conditions of participation and conduct of the customer
9.1 In principle, there is no claim to a guarantee of success; participation in or attendance at the event is at the participant's own risk.
9.2 Accompanying persons who do not participate in the event are only permitted with the prior consent of the Provider.
9.3 The customer assures to check before each event / lesson that he has no contagious diseases and is free from health impairments. In case of illness, the customer agrees not to participate in group lessons.
9.4 The provider and its vicarious agents (coach/trainer/seminar leader/supervisor) are authorized to issue instructions to the customer/participants for the duration and within the scope of the event.
9.5 The customer / participant behaves contrary to the contract if, despite a warning, he persistently disturbs the implementation of the event, or if he behaves to a considerable extent contrary to good morals, so that a smooth running of the event cannot be guaranteed. In this case, the provider reserves the right to exclude the customer / participant from the event. If applicable, there is no claim for reimbursement of the participation fee or other costs.
9.6 The client / participants undertake not to be under the influence of alcohol or other narcotics that can impair the ability to react and the physical well-being. In the event of violations of this, the provider is entitled to exclude the client / participant from the event. If applicable, there is no claim for reimbursement of the participation fee or other costs.
9.7 Before the start of the event, the provider must be informed about health problems and any illnesses of the customer / participant, so that the corresponding participant can be protected from harm in the best possible way.
9.8 In case of recognizable health problems, the provider is entitled to exclude the respective customer / participant from the event. The provider reserves the right to charge the participation fee. The customer is at liberty to provide evidence of lower expenses.
10 Disclaimer
10.1 The customer, participants and accompanying persons waive their right to assert claims against the provider and its vicarious agents (coach/trainer/seminar leader/supervisor) for personal injury and property damage in connection with participation in the event.
10.2 In the event of damage or destruction of third party property, the customer, participant and accompanying persons agree to compensate third parties for the damage and to indemnify the provider and its agents (coach/trainer/seminar leader/supervisor).
10.3 In the case of nutritional advice, the service does not constitute medical advice and does not replace medical treatment or therapy. Despite the greatest care, no guarantee can be given for the accuracy and completeness of the information provided. The success of the nutritional advice depends essentially on the cooperation of the customer and cannot be guaranteed. Likewise, no guarantee is given for physical or psychological (consequential) damage to health, should this occur after a consultation.
10.4 If the instructions of the Provider are not followed by the Customer or if unauthorized changes have been made by the Customer to the consulting content (consulting documents), the Provider shall not be liable. The Provider shall not be liable for incorrect or incomplete information provided by the Customer or for concealment of important facts relevant to nutrition and health.
10.5 Apart from the liability for material defects and defects of title, the Provider shall be liable without limitation if the breaches of duty giving rise to liability have been committed intentionally or by gross negligence. In the event of slight negligence, the Provider shall only be liable in the event of a breach of material contractual obligations and cardinal obligations and limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. The Provider shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
10.6 The limitations of liability of the preceding paragraphs shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.7 If the liability of the Provider is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
10.8 The Provider is in possession of a valid professional liability insurance (Hiscox SA, Branch Office for Germany, Arnulfstraße 31, 80636 Munich/ Area of validity of the insurance: Worldwide).
11 Contract duration and termination
11.1 The duration of the contract is regulated in the individual contract.
11.2 Termination without notice for good cause is possible. An important reason exists, for example, if
12 Copyright and rights of use
12.1 All services rendered by the Provider, including presentations, project sketches, project papers, concepts, plans, layouts and the like are subject to copyright law. The parties agree that all services are subject to the protection of the provisions of copyright law, even if the necessary requirements for protection, such as the necessary level of creation, should not be met in individual cases. In particular, the applicability of §§ 31 ff. and §§ 97 ff UrhG is agreed in such a case.
12.2 The works of the Provider (in particular the online courses / live trainings as well as e-books and other digital content) may only be used for the agreed type of use and the agreed purpose to the agreed extent. The customer acquires the right to use the works within the intended scope upon payment of the fee. Repeat uses (subsequent edition) or multiple uses (e.g. for another product) are subject to a fee; they require the express consent of the Provider. The transfer of granted rights of use to third parties shall also require the express consent. The Provider shall be entitled to information about the scope of use. Rights of use to work that has not yet been paid for at the end of the contract shall remain with the Provider, subject to any other agreements made.
13 Confidentiality and data protection
13.1 The customer is aware and agrees that the personal data required for the processing of the order will be stored by the provider on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by the Provider. The collection, processing and use of the Customer's personal data shall be carried out in compliance with the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The customer can find further information in the privacy policy of the provider.
13.2 The customer has the right to revoke his consent(s) at any time with effect for the future. In this case, the provider is obliged to delete the customer's personal data immediately. In the case of ongoing services, the deletion shall take place after completion of the service.
13.3 Furthermore, the Provider undertakes to maintain confidentiality about confidential circumstances of the Customer that become known during the duration and also after the end of individual or group coaching sessions, insofar as and as long as there is no statutory duty of disclosure. Likewise, the Customer undertakes to maintain confidentiality about all confidential circumstances of other participants in a group coaching session under the same conditions.
14 Applicable law, place of jurisdiction, dispute resolution
14.1 The business relations between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
14.2 The place of jurisdiction is the registered office of the Provider, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are not known at the time the action is brought.
14.3 Consumers have the option of using alternative dispute resolution. The European Commission provides a platform for online dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr/. Information about online dispute resolution can be found there and it serves as a contact point for the out-of-court settlement of disputes arising from online sales contracts or online service contracts.
14.4 Furthermore, the Provider is not willing to participate in an out-of-court conciliation procedure.
15 Right of withdrawal and cancellation policy
15.1 If the Customer is a natural person who enters into a contract with the Provider for a purpose that can predominantly be attributed neither to his commercial nor self-employed activity (consumer), he shall have a right of revocation.
15.2 However, the right of withdrawal is excluded for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision (cf. Section 312g (2) (9) of the German Civil Code).
15.3 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Aila Kick - Personalised Health & Nutrition Coaching, Aila Kick, Ebnerweg 2a, 82256 Fürstenfeldbruck, ak@ailakick.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, you can use the attached sample withdrawal form, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
- To Aila Kick - Personalised Health & Nutrition Coaching, Aila Kick, Ebnerweg 2a, 82256 Fürstenfeldbruck, ak@ailakick.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
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Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
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Signature of the consumer(s) (only in case of notification on paper)
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Date
(*) Delete as applicable.