Terms of Service - Michaela Wiedemann

General Terms and Conditions

Table of contents

Scope of application, definitions
Services of the provider
Conclusion of contract
Right of withdrawal for consumers
Prices and terms of payment
Eligibility to participate, transfer of contract
Falling below the minimum number of participants
Change or failure of the service
Contractual right of rescission (cancelations) for presence offers and cancellation fee
Granting of rights of use for digital content and transfer
Contents of the services and material used
Contract term and termination
Warranty
Liability
Clients
Duty of confidentiality
Documentation and data protection
Legal explanatory note
Applicable law
Subsidiary agreements
Alternative dispute resolution
Severability clause

1) Scope of application, definitions

1.1 These General Terms and Conditions (hereinafter “GTC”) of Michaela Wiedemann, trading as “Michaela Wiedemann” (hereinafter “Provider”), apply to the provision of digital content, for participation in online or live courses and for all contracts for the provision of services as listed in point 2 (hereinafter “Services”), which a consumer, group of consumers or entrepreneur (hereinafter “Client”) concludes with the Provider with regard to the services offered on the Provider’s website. The inclusion of the Client’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4 Digital content within the meaning of these GTC is data that is created and provided in digital form.

2) Services of the provider

2.1 The Provider offers the following types of services:

Both online and face-to-face events,
Online live courses,
Provision of digital content,
Therapeutic services,
Spiritual energy work
Mind Body Spirit Medicine

The nature and content of the services can be found in the respective description on the provider’s website. The services offered are individual, holistic, spiritual and/or therapeutic offers. There are no learning success checks within the meaning of the German Distance Learning Protection Act (FernUSG).

2.2 Insofar as the Provider conducts online events or online live courses, it shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Provider shall provide the Client with suitable application software before the start of a video conference, whereby it may also use the services of third parties for this purpose. For error-free participation in the online video event, the client’s system must meet certain minimum requirements, which are communicated to the client on the provider’s website. The client is responsible for compliance with the system requirements. The Provider shall not be liable for technical problems that are attributable to inadequate system requirements on the part of the Client.

2.3 In the case of face-to-face events, the Provider shall provide its services exclusively in personal contact with the Client and in premises selected by the Provider for this purpose. Unless otherwise stated in the Provider’s service description, the Client shall not be entitled to select a specific venue for the desired event.

2.4 Unless otherwise stated in the description of the services offered by the Provider and unless the parties have agreed otherwise, the Provider shall provide its services in its own name.

2.5 The Provider shall provide its services with the utmost care and to the best of its knowledge and belief. However, the Provider does not guarantee a specific outcome. In particular, the Provider does not guarantee that the Client will achieve a certain desired target state or that the Client will achieve a certain state of mind. This depends not least on the personal commitment and will of the client, over which the provider has no influence. The determination of desired goals, the choice of topics for discussion and the implementation of developed solution steps remain the responsibility of the client. In particular, the provider has no influence on the individual effects of spiritual energy work on the client.

2.6 Insofar as the Provider provides digital content in the form of reproducible video or audio material, this shall be done exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the digital content provided, the client’s technical system must meet certain minimum requirements, which are communicated to the client on the provider’s website. The client bears sole responsibility for compliance with the system requirements. The Provider shall not be liable for technical problems that are attributable to inadequate or unsuitable system requirements on the part of the Client.

If the Provider delivers digital video or audio material that does not contain reproducible material, the delivery shall be made available for download.

3) Conclusion of contract

3.1 The services described on the Provider’s website do not constitute binding offers on the part of the Provider, but are intended for the submission of a binding offer by the Client.

3.2 The Client can submit its offer via the online registration form provided on the Provider’s website. After entering their data in the registration form, the Client submits a legally binding contractual offer for the selected service by clicking the button that concludes the registration process. The client can also submit the offer to the provider by e-mail or post.

3.3 The Provider may accept the Client’s offer within five days,

by sending the client a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the client is decisive in this respect, or
by requesting payment from the client after submission of the client’s contractual declaration.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the client and ends at the end of the fifth day following the sending of the offer. If the provider does not accept the client’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the client is no longer bound by his declaration of intent. The same applies in the event that the service selected by the client begins before the expiry of the acceptance period and the provider does not accept the client’s offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 When registering via the Provider’s website, the text of the contract shall be saved by the Provider after the contract has been concluded and sent to the Client in text form (e.g. email, fax or letter) after the Client’s order has been sent. The provider will not make the text of the contract available beyond this.

3.5 Before submitting a binding offer via the Provider’s online registration form, the Client can correct his entries at any time using the usual keyboard and mouse functions.

3.6 The German and English languages are available for the conclusion of the contract.

3.7 If the client registers further participants for an event, he undertakes to be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.

3.8 As a rule, the Provider shall contact the Client by email to process the contract. The Client must ensure that the e-mail address provided by it when submitting the offer is correct so that the e-mails sent by the Provider can be received at this address. In particular, when using SPAM filters, the client must ensure that all e-mails sent by the provider or third parties commissioned by the provider can be delivered.

4) Right of withdrawal for consumers

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the provider’s withdrawal policy.

5) Prices and terms of payment

5.1 Unless otherwise stated in the supplier’s offer, the prices quoted are total prices that include statutory VAT.

5.2 Costs for travel, accommodation and meals for face-to-face events are not included in the price and must be borne by the client, unless otherwise stated in the provider’s course description.

5.3 The Client shall be informed of the payment options on the Provider’s website. For payments in countries outside the European Union, further costs may be incurred in individual cases for which the Provider is not responsible and which are to be borne by the Client. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

5.4 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the client does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

6) Eligibility to participate, transfer of contract

6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the provider.

6.2 If a third party enters into the contract between the Client and the Provider, the Client and the Provider shall be jointly and severally liable for the participation fee and any additional costs incurred as a result of the entry of the third party.

7) Falling below the minimum number of participants

7.1 The Provider may specify a minimum number of participants for its services. If a minimum number of participants is specified, the Provider shall make express reference to this in the service description.

7.2 If the minimum number of participants is not reached, the Provider may withdraw from the contract by giving notice to the Client no later than seven days before the start of the course. The Provider shall send its declaration of withdrawal to the Client immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course. If several services are the subject of the contract, the Provider’s withdrawal in the aforementioned cases shall be limited to the service affected by the shortfall in the minimum number of participants (“partial withdrawal”). The partial withdrawal shall have no effect on the other agreed services.

7.3 If the Provider exercises its right of withdrawal in accordance with the above clause, the Client may demand participation in another service of at least equal value if the Provider is in a position to offer such a service from its range at no extra cost to the Client. The client must assert his request to the provider immediately upon receipt of the provider’s declaration.

7.4 If the Client does not exercise his right in accordance with the above clause, the Provider shall immediately refund any participation fee already paid to the Client. The Provider shall use the same means of payment that the Client used for the original transaction, unless expressly agreed otherwise.

8) Change or failure of the service

8.1 The Provider reserves the right to change the time, place and/or content of the service, provided that the change is reasonable for the Client, taking into account the interests of the Provider. Only insignificant changes to the service that become necessary after conclusion of the contract and were not brought about by the Provider in bad faith are reasonable. The Provider shall inform the Client in good time in the event of a change to the time, place and/or content of the service.

8.2 In the event of a significant change to the service, the client may withdraw from the contract free of charge or instead request participation in another service of at least equal value if the provider is in a position to offer such a service from its range at no extra cost to the client.

8.3 If several services are the subject of the contract, in the aforementioned cases the withdrawal by the client is limited to the service affected by the change (“partial withdrawal”). The partial withdrawal shall have no effect on the other agreed services. The client may only withdraw from the entire contract if he has no interest in the other agreed services.

8.4 The client must assert the rights in accordance with the above paragraphs immediately after informing the provider of the change in service.

8.4 The Provider is entitled to cancel the service at short notice for important reasons, such as force majeure or illness of the Provider, against full reimbursement of any participation fee already paid. The Provider shall endeavor to find an alternative date if the service is cancelled.

9) Contractual right of rescission (cancelations) for presence offers & cancellation fee

Irrespective of any existing statutory right of withdrawal, the Provider grants the Client the right to cancel its registration for a service provided by the Provider as part of a presence offer free of charge in accordance with the following provisions (contractual right of withdrawal):

9.1 The Client may cancel its registration for an attendance offer of the Provider up to 28 days before the start of the booked service without stating reasons by submitting a declaration to the Provider in text form (e.g. e-mail). The date of receipt of the declaration by the Provider shall be decisive for compliance with the cancellation deadline. If the Client cancels his registration in due time, the Provider shall refund any participation fee already paid in full within a period of two weeks from receipt of his declaration. For this purpose, the Provider may use the same means of payment that the Client used for his payment to the Provider.

9.2 If the cancellation deadline is not met by the client or if the agreed appointment is not kept by the client, the client shall owe the provider a cancellation fee in the amount of the agreed service fee or the agreed remuneration.

9.3 Any existing statutory right of withdrawal of the client is not restricted by the right of withdrawal regulated above.

9.4 There is expressly no contractual right of withdrawal for the Provider’s online offers.

10) Granting of rights of use for digital content and transfer

10.1 Unless otherwise stated in the content description on the Provider’s website, the Provider grants the Client the non-exclusive right, unlimited in terms of time and place, to use the content provided exclusively for private purposes. Disclosure to third parties and editing, modification or publication by the client is expressly prohibited.

10.2 The provision of digital content in the form of recorded video or audio material takes place exclusively via the provision of an online stream using certain technical means. The provision of other digital content that does not contain reproducible material shall take place via the provision of downloads.

10.3 The granting of rights shall only become effective once the client has paid the contractually owed remuneration in full. The Provider may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.

11) Contents of the services and material used

11.1 The Provider is the owner of all rights of use that are necessary for the provision of the services. This also applies with regard to documents and materials that may be provided or handed over to the client in connection with the service.

11.2 The Client may only use the content of the services, including any documents or materials provided or made available, to the extent required by the purpose of the contract as agreed by both parties. In particular, the Client shall not be entitled to record the service or parts thereof or to reproduce, distribute or make publicly accessible materials or documents without the separate permission of the Provider. This also applies to the use of the logo of which the Provider is the owner.

11.3 In the case of online events, the client shall be provided with course-related material exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the client is not entitled to receive the material in physical form.

12) Contract term and termination

12.1 The contract is concluded for a limited period of time for the contract term shown in the respective service description of the Provider and ends automatically at the end of the contract term.

12.2 The right of the Provider and the Client to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

12.3 Notices of termination must be made in writing or in text form (e.g. by e-mail).

13) Warranty

13.1 The Provider shall provide its services personally, carefully and conscientiously. German private law does not provide for a warranty for services in the form offered by the Provider. In this respect, no guarantee can be given for the satisfaction of the client with the service provided in each case. The services provided by the provider also do not guarantee any particular success.

13.2 No guarantee can be given for the unrestricted accessibility of the Provider’s website. The Provider also accepts no liability for technical problems with the booking or payment software integrated into the website.

13.3 The Provider assumes no liability for the non-occurrence of a booked online service due to technical problems on the part of the Client during e-mail, telephone or Internet transmission. In the event that a booked online service does not materialize due to technical problems on the part of the Provider with e-mail, telephone or Internet transmission, the Provider shall offer the Client an alternative date. If the Client is unable to make an alternative appointment within a reasonable period of time, the Provider shall refund the remuneration already paid for the online service that did not take place. Such a claim by the client is limited to the amount of the remuneration already paid by the client for the service that was not provided.

14) Liability

14.1 The Client shall act on its own responsibility after receiving or participating in a service from the Provider. The Provider accepts no liability for actions taken by the Client in connection with the Provider’s services.

14.2 Otherwise, the Provider shall be liable to the Client for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

(a) The Provider shall be liable without limitation for any legal reason

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise agreed,
due to mandatory liability such as under the Product Liability Act.

(b) If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Client may regularly rely.

(d) The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.

15) Assurance and cooperation of the client

15.1 The Client warrants that he/she does not suffer from any illness or disorder that impairs his/her ability to conduct business or that prevents emotional-psychological work for medical-psychological reasons. If psychotherapy is currently being carried out or is advisable due to the client’s state of health, the client assures that he will inform the provider of this immediately. In this case, the client must also ensure that treating therapists are permanently informed about the work with the provider and have also agreed to the client’s participation in this work.

15.2 The client undertakes to arrive punctually at the agreed appointment. The appointment shall begin at the agreed time. If the client arrives late, the booked service shall nevertheless end at the agreed time.

15.3 The Client warrants that it will perform the booked services in an undisturbed location and avoid interruptions by persons, telephone calls or other activities etc. The recording of conversations or other services by the client is prohibited.

16) Duty of confidentiality

16.1 The Provider is subject to a duty of confidentiality towards third parties.

16.2 Information may only be disclosed to third parties if the client has given their prior written consent. However, the duty of confidentiality does not apply to the prevention or prosecution of suspected criminal offenses or the protection of higher legal interests.

16.3 In the event of the announcement of suicidal acts and a lack of ability/willingness to contact a specialist doctor, therapist or clinic, the provider will immediately contact the relevant authorities within Germany in order to avert any danger to the client as far as possible.

17) Documentation and data protection

17.1 The Provider is entitled to document and archive the course and relevant findings of discussions with the Client. This includes, for example, anamnesis forms, topic-specific questionnaires and notes on the content, results and agreements of discussions within the booked services.

17.2 The Provider shall also store and process the Client’s personal data to the extent necessary for invoicing and accounting purposes. In addition, the Provider’s privacy policy shall apply.

18) Legal notice

18.1 The Provider’s joint work with the Client includes discussions and, depending on the services offered, also methods from the fields of positive psychology, systemic therapy, solution-oriented therapy, creative and play therapy, spiritual energy work, mind-body-spirit medicine and other methods (such as relaxation techniques, mindfulness exercises, etc.), which the Provider has acquired on the basis of her professional qualifications and further training measures. The provider’s services are used for personal development, the development of life goals, the harmonization of the client’s energy fields, the activation of resources and/or the activation of self-healing powers.

18.2 The Provider makes no promises of cure and makes no diagnoses. Existing medical or therapeutic treatments should be continued in any case. Participation in services or the use of services from the Provider expressly does not replace a visit to a doctor or alternative practitioner.

18.3 The Provider’s service does not consist of a ready-made solution for the Client, nor does it serve to diagnose, cure or alleviate illnesses, suffering or physical injury in humans.

19) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

20) Subsidiary agreements

Agreements deviating from these GTC require at least the text form and the express consent of the provider. This also applies to agreements deviating from this clause.

21) Alternative dispute resolution

21.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

21.2 The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Freisbach, October 1^st, 2024