General terms and conditions – August 2023
General terms and conditions
§ 1 Application of the General Terms and Conditions
(1) The General Terms and Conditions accepted by both contracting parties govern the terms and conditions between the provider Pampiloxa GmbH, managing director authorized to represent: Angelika Collisi, Bildstrasse 26, 97903 Collenberg, hereinafter referred to as “Provider” and the Customer as a coaching contract / consulting contract within the meaning of §§ 611 ff. BGB, unless otherwise agreed in writing between the contracting parties.
(2) The Provider offers various services for booking. These are in particular but not conclusively coaching, workshops, seminars and consulting services (online and offline) in particular in the area of project management, team development, personality development, leadership and self-management.
(3) The subject of the order is the provision of an agreed service, the consultation (service contract) and not the achievement of a specific success (no contract for work and services). The commissioned services shall be deemed to have been rendered when the necessary consultations have taken place and any questions that may arise have been dealt with. The customer undertakes in his own interest to provide all relevant information truthfully and completely.
(4) These General Terms and Conditions shall apply both to companies pursuant to § 14 BGB and to consumers pursuant to § 13 BGB.
§ 2 Conclusion of contract
(1) The description of the Provider’s services on the Provider’s website or on the ThriveCart platform does not yet constitute a legally binding offer. The customer books a corresponding service with the provider after the provider has submitted an individual offer. The provider accepts this booking by means of a booking confirmation.
(2) The contract is concluded in any case only when the provider confirms the booking of the customer and not already by the booking itself. The customer is bound to the booking for a period of two (2) weeks. The customer receives an invoice with the booking confirmation by e-mail.
(3) The conclusion of the contract is also possible via the platform ThriveCart. The customer is given the opportunity to submit a binding offer (hereinafter: “order”) to the provider via ThriveCart by placing an order via the online order form. The general terms and conditions of ThriveCart apply in addition.
(4) The Provider shall be entitled to refuse a service contract without stating reasons if the necessary relationship of trust cannot be expected, if the Provider cannot or may not provide advice due to his specialization or for legal reasons, or if there are reasons that could bring him into conflicts of conscience. In this case, the provider’s entitlement to a fee for the services rendered up to the point of refusal of the consultation shall remain intact.
§3 Content of the service contract
(1) The Provider shall provide its services to the Customer in the form of applying its knowledge and skills in the above-mentioned areas.
(2) A subjectively expected success of the customer cannot be promised or guaranteed. Insofar as the Customer rejects discussions and wishes to be advised exclusively according to scientifically recognized methods, the Customer shall declare this to the Provider.
(3) The Customer undertakes to use the information materials, reports and analyses prepared by the Provider within the scope of the Service only for its own purposes. The Customer shall receive the exclusive and non-transferable right of use thereto. As a rule, documents and tables are either personal and not usable by third parties or created by the Provider individually for the Customer.
(4) All documents of the provider are protected by copyright. This applies to the content of the provider’s website, lectures, presentations, scripts, and other documents. The customer is not entitled to copy, distribute, or publicly reproduce such documents. The customer is also not entitled to make picture, film, or sound recordings of the service without the express permission of the provider.
(5) The Provider shall ask the Customer whether the Service may be recorded for internal purposes only. The customer is free to decide whether to give his consent.
§4 Performance of the service
(1) The service is based on cooperation and mutual trust. The customer is not obligated to implement the recommendations provided. The customer acknowledges that all steps and measures taken by him within the scope of the service are his own responsibility.
(2) The Provider shall be entitled to cancel the performance of the service if he or a third service provider engaged by him is prevented, e.g., by riot, strike, lockout, natural disasters, severe weather, traffic obstruction or illness, from holding the coaching/consulting on the agreed date through no fault of his own. A claim for damages for the customer does not exist in this case.
(3) In the event of a cancellation by the provider, the provider shall offer the customer an alternative date. If no agreement is reached on an alternative date, the remuneration already paid shall be refunded to the customer. The refund shall only cover the amount actually received by the provider, i.e. less the costs and fees incurred by the payment method chosen by the customer.
(4) If the Customer is unable to attend a live appointment, he must notify the Provider of this no later than 48 hours before the agreed appointment. Otherwise, the fees specified under § 5 para. 3 shall apply.
(5) The illustration and description of the service provision and any location on the website of the provider are for illustration purposes only and are only approximate. The provider reserves the right to make changes for good cause, provided that this is reasonable for the customer. In this case, the customer will be informed immediately.
(6) The Provider shall be entitled to make adjustments to the content or the process of providing the Service for technical reasons, for example if there is a need to update or further develop the content of the Service, provided that this does not result in any significant change to the content of the Service and the change is reasonable for the Customer.
(7) The Provider is entitled to change the place and time of the announced service provision, provided that the Customer is notified of the change in a timely manner and it is reasonable for the Customer.
(8) The customer is responsible for a correctly specified e-mail address and the regular retrieval of his e-mails.
§5 Payment and cancellation
(1) Payment shall be made in advance without deduction within 14 days from receipt of the invoice or from booking, unless otherwise regulated or agreed. Instalment payments require a separate agreement with the provider.
(2) Unless otherwise agreed, when booking services, payment must be made by the agreed date, otherwise there is no entitlement to the provision of services on the agreed date or, in the case of live courses, no entitlement to participation. The provider is entitled to withhold his service until full payment.
(3) Cancellation less than 48 hours before the agreed appointment is subject to a fee. A cancellation fee of 50% of the agreed remuneration will be charged. In case of absence without cancellation or only partial participation in a booked appointment, no refund of the fee agreed for the appointment is possible.
(4) All prices on the website of the Provider are listed as gross prices.
(5) If individual services are not used by the Customer, the Provider reserves the right to invoice the entire participation nevertheless.
§6 Confidentiality
(1) The Provider is subject to an absolute duty of confidentiality. The duty of confidentiality shall continue to exist beyond the termination of the agreed contractual services for the performance of the contract.
(2) The Provider shall treat the Customer data confidentially and shall only provide information regarding the content of the conversations and consultations with the express written consent of the Customer (release from the duty of confidentiality).
§7 Warranty
(1) The provider endeavours to provide all activities with the utmost care and in compliance with recognised scientific findings and principles. All recommendations and analyses are made to the best of the provider’s knowledge and belief.
(2) The Provider does not guarantee the effectiveness of its recommendations. The success of the service provision is for the most part beyond its sphere of influence and depends significantly on the cooperation of the customer, which is why it cannot be guaranteed.
§8 Liability
(1) The Provider shall be liable to the Customer 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, the Provider shall be liable – unless otherwise stipulated in Paragraph 3 – only in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, the liability of the Provider is excluded subject to the provision in para. 3.
(3) The liability of the Provider for damages arising from injury to life, body, or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§9 Term and termination of the service contract
(1) The service contract is concluded for the service agreed in the respective contract. Courses are concluded for the term agreed in the respective contract.
(2) The right to terminate without notice and for cause remains unaffected. An extraordinary right of termination on the part of the Provider exists in particular if the Customer is more than 2 times in arrears with payments, if the Customer intentionally violates provisions of these GTC and/or intentionally or negligently commits prohibited acts or if the relationship of trust is permanently disturbed.
(3) In the event of premature termination by the Customer for good cause, the Provider’s claim to remuneration shall remain unaffected. The customer retains the right to prove that the provider has not incurred any damage or has incurred significantly less damage.
§10 Data protection
The customer expressly agrees to the data processing of his personal data within the framework of the contractual relationship. Customer data will be treated with absolute confidentiality. The communicated data of the customer are used exclusively for the professional execution of the service. The data will not be passed on to third parties.
§11 Right of withdrawal
(1) With regard to the right of withdrawal, the provider refers consumers to the separate cancellation policy.
(2) The right of withdrawal only applies to customers who are consumers.
§12 Final provisions
(1) Should individual provisions of the Coaching Contract / Consulting Contract or the General Terms and Conditions be or become invalid or void, this shall not affect the validity of the Coaching Contract / Consulting Contract as a whole. The invalid or void provision is rather to be replaced in free interpretation by a provision that comes closest to the purpose of the contract or the intention of the parties.
(2) The law of the Federal Republic of Germany shall apply.
(3) Amendments and supplements to this contract must be made in writing to be effective. Verbal collateral agreements do not exist.
(4) If the Customer is a merchant, the place of jurisdiction shall be the registered office of the Provider. In all other respects, the statutory provisions shall apply.
Cancellation policy prepared in accordance with EGBGB Annex 1 to Art. 246a § 1 para. 2 sentence 2. Reference: BGBl. I 2013, 3642 – 3670
CANCELLATION POLICY
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, Pampiloxa GmbH, Managing Director: Angelika Collisi, Bildstrasse 26, 97903 Collenberg, Phone: 093769749164, E-Mail: office@pampiloxa.com, by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is 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 for 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).
|
Pampiloxa GmbH 97903 Collenberg Email: office@pampiloxa.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*) – Ordered on (*)/received on (*) – Name of the consumer(s) – Address of the consumer(s) – Signature of the consumer(s) (only in case of notification on paper) – Date (*) Delete as applicable |
© Recht 24/7 Schröder Rechtsanwaltsgesellschaft