Terms and Conditions with Information for Clients and Right of Withdrawal
- Scope of application and definition of terms
- The following general terms and conditions (hereinafter referred to as “TCs”), in the version valid at the time of booking, apply to the business relationship between Dr. Christiane Michelberger, Ostermader Kamp 1, Anlage Hohes Ufer No. 508, 23779 Neukirchen-Ostermade, Germany, company & legal information: https://www.findingawakening.com/impressum/, (hereinafter referred to as “Dr. Michelberger” or “I”) and those persons who accept the services offered by Dr. Michelberger (hereinafter referred to as “Clients”).
- In addition to these terms and conditions, both individual and specific regulations with regard to the contractual relationship between Dr. Michelberger and the Clients can be agreed (e.g. in the form of individual agreements or so-called treatment notes). The specific regulations take precedence over these terms and conditions in the event of a discrepancy.
- Derogating terms and conditions of Clients are not accepted, unless Dr. Michelberger expressly agrees to their validity. The unconditional performance of the service does not represent explicit recognition of the Client’s terms and conditions.
- Within the meaning of these TCs and the Instruction on the Right of Withdrawal, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Section 13 BGB – German Civil Code). An entrepreneur is a natural or legal person or a legally responsible partnership that when concluding legal transactions is exercising their commercial or independent professional activity (Section 14 BGB – German Civil Code).
- “Content” means all content and information, such as photographs, graphics, logos, videos, texts, reviews, information concerning persons, places or links transmitted by the Client.
- The terms used in the context of these Terms and Conditions, such as “Client”, are gender-neutral.
- Subject of the contract, supply and service descriptions
- Dr. Michelberger offers various coaching services that are communicated to Clients via the respective offer pages or individually.
- The services include, in particular, membership of the online discussion forum, which is provided and overseen by Dr. Michelberger. Dr. Michelberger strives to oversee the online forum on a daily basis, but cannot exclude the possibility of an intermediate-term absence of several days. It is not expected that Dr. Michelberger will oversee the forum during her holiday of 6 weeks per year.
- Dr. Michelberger also offers individual coaching sessions, offered primarily via distance communication, such as video chat.
- The representation of the services of Dr. Michelberger on the webpages or in catalogues and brochures is not a legally binding offer, but an invitation to submit a booking request. Furthermore, the aforementioned performance representations do not constitute an assurance or warranty.
- Age of majority
The services offered by Dr. Michelberger are intended for those Clients who have reached the age of majority. By concluding the contract, the Client warrants that they are of the age of majority.
- Prices and payment methods
- All prices quoted on our website are inclusive of any applicable VAT.
- Within the scope of the ordering process and before its completion, Clients can choose from the available payment methods. Clients are informed of the methods of payment available to them before the beginning of the ordering process.
- Where third-parties (e.g. PayPal) are tasked with payment processing, their general terms and conditions shall apply.
- Invoicing is done electronically.
- The membership fee is usually paid monthly in advance and coaching sessions are paid for after booking the appointment. If the due date of the payment is determined according to the calendar, Clients are already in default should they exceed this date. In this case, Clients shall pay the default interest. The obligation of the Clients to pay default interest does not preclude the right to claim further damages.
- The Client shall only be entitled to offset claims, if his counterclaims are legally established or undisputed by us, unless it concerns the Client’s claim for defects. The Client may only withhold payments if all the relevant claims arise from the same contractual relationship.
- Registration in the online forum
- Conclusion of the contract through booking the services of Dr. Michelberger can be done remotely (e.g. by telephone, email or by filling in an online form).
- Clients can register for membership in the online forum using the online form provided, where they can choose the monthly membership fee. Next, Clients will be asked to provide identification details and enter their credit card details for payment. At the end of the order process, Clients will receive an overview of the information provided and can then complete the registration by clicking on the button “Place your order: (Membership fee)”.
- Before submitting the registration, Clients can view and change the information at any time. They can cancel the entire order process by closing the registration window. Mandatory information is marked with an asterisk (*).
- After finishing the registration, Clients will be sent a link to the specified e-mail address within three working days, to be used to confirm the registration. The contract between Dr. Michelberger and the Client will only come into effect upon confirmation of the registration.
- Multiple registrations under different user names, so called “double accounts”, are not allowed.
- Termination of membership of the online forum
- Membership of the forum will be closed for an unlimited period of time and may be terminated by either contracting party by giving notice of 7 days from the end of the month.
- Either contracting party may terminate contracts based on these terms and conditions for good cause, if the other contracting party fails to comply with one or more of the agreements and after a request for correction, fails to remedy the situation within the specified, reasonable time limit, or otherwise within a reasonable period of time. Either contracting party may terminate the contract for good cause even without a previous request to remedy the situation, if the terminating party cannot be reasonably expected to continue the contract taking into account all the circumstances of the individual case and weighing up the interests of both parties.
In the event of a termination without notice by Dr. Michelberger, Dr. Michelberger will not be obliged to reimburse the membership fee applicable to the period until the end of the month in which the termination occurs.
- Upon termination, the final deactivation of the account may take up to seven business days.
- Rights of use and conduct with regard to the online forum
- Dr. Michelberger indicates that the online forums may only be used for the individual purposes of the Client. Any use beyond that, for example, the reading of data by a crawler, framing or other acquisitions of data records, is prohibited.
- Clients may not use any mechanisms, software or other scripts in connection with use of the website, which can interfere with the functioning of the online forum, especially those that allow automated page views or page views to be generated.
- Clients must comply with the individual privacy of other Clients in the online forum and must not make confidential information and content externally available, for example, by publishing it.
- Clients shall protect their access credentials against access by unauthorised third parties and to update them with any changes.
- Clients ensure that the statements made by them in the forum and any content created or uploaded is permitted by law and is free from third party rights. In particular, the following content and actions are not permitted:
- You may not imitate another person (identity fraud);
- Stalking, threats, insults, and claiming incorrect facts;
- Content that is racist, violent, hateful, pornographic, degrading to people and/or immoral;
- Content that violates the protection of minors;
- Content that could affect the health of individuals;
- Content that infringes foreign copyright, trademarks, competition and data protection law;
- Chain letters, bulk messages with or without advertising content (spamming);
- Links to websites containing the aforementioned content;
- Commercial advertising;
- Content that serves the purpose of collecting personal data about other users, in particular, for business purposes and/or use.
- Self-promotional references to offers competing with Dr. Michelberger.
- Dr. Michelberger has the right to remove extraneous content, which, in particular, does not refer to the respective categories of the online forum, or to remove it if it should not fit into any category.
- Submission of content, granting of usage rights in the online forum
- Subject to other agreements, the granting of the following rights solely serves the operation of the online forum and the provision of contractual services in compliance with privacy and data protection rights.
- Clients give Dr. Michelberger, free-of-charge, a single, spatially and temporally unlimited right, to reproduce the content provided by them within the online forum and to make it publicly available and to edit it.
- The grant is subject to the revocation of the Clients and is in accordance with the termination provisions of these terms and conditions.
- In addition, Dr. Michelberger reserves the right to make use of the user content outside the online forum, for example, in the form of case studies in books. Dr. Michelberger hereby takes into account the personality rights of Clients and accordingly will anonymise the content or ask the client for permission.
- Responsibility for contributions of Clients in the online forum
- Dr. Michelberger is not responsible for the content provided by the Clients and does not adopt the content. The opinions therein represent the views of the respective Clients.
- Clients are not obliged to have the content of the user checked, but reserve the right to delete it in whole or in part should there be concrete indications that the content is contrary to regulatory requirements, official prohibitions, third party rights, morality or violates these terms and conditions.
- To the extent that Dr. Michelberger is included in a claim because of disallowed content or other breaches of the law for which Clients are responsible, the Client must at first request indemnify Dr. Michelberger and support Dr. Michelberger in the defence of claims. The exemption includes the necessary legal costs.
- Dr. Michelberger may implement sanctions against Clients if and to the extent that Dr. Michelberger has concrete evidence that Users are violating legal provisions, third-party rights, common decency, and/or these Terms and Conditions of Use.
- When choosing the sanction to be imposed, Dr. Michelberger will take into consideration the legitimate interests of the affected Users and, among other things, whether the case involves accidental misconduct or a deliberate violation. The following graduated sanctions are available to Dr. Michelberger:
- Partial or complete deletion of a User’s Content;
- The issue of a warning to the User;
- Limitations/restrictions of the use of Dr. Michelberger’s services;
- Temporary blocking of a Client; and
- Irrevocable blocking/termination of a User and, if necessary, banning the User.
- As soon as a client has been temporarily or permanently blocked, he may no longer use the online forum with other Client accesses and may not log on again.
- Booking and cancellation of individual coaching
- In terms of individual coaching sessions, Clients can, on request, receive a quote for the requested service from Dr. Michelberger. Upon accepting it, either expressly or implied, e.g. which could be, for example, through use of the services, the agreed performance contract is concluded. Offers provided by Dr. Michelberger are binding for 14 days unless otherwise stated.
- The coaching services are billed in 15-minute increments.
- Clients can withdraw from the contract at any time. The cancellation is to be explained to Dr. Michelberger. Should clients cancel before the beginning of the coaching sessions, Dr. Michelberger shall lose the right to remuneration for the coaching. Instead, Dr. Michelberger may, insofar as the withdrawal is not due to Dr. Michelberger or there is a case of force majeure, require adequate compensation (the “cancellation fee”) for arrangements made and expenses incurred up to the date of the cancellation. The cancellation fee is dependent on the price of the coaching, taking into account the proximity of the time of cancellation to the contractually agreed beginning of the coaching, and it shall be calculated as a percentage of the price of coaching, also taking into account any expenses usually saved and possible other uses of the service.
- In the event of cancellation by the client up to 48 hours prior to the start of coaching, no cancellation fees are incurred. For cancellations within 48 hours before the start of coaching, the entire agreed remuneration is counted as a cancellation fee.
- Saving the text of the contract
- Dr. Michelberger sends the Client an order confirmation containing all details of the order to the specified email address. With the order confirmation, the Customer shall receive a copy of these TOCs in addition to the withdrawal policy and detailed information of the ordered services on a durable medium. Dr. Michelberger also stores the text of the contract but do not make it available online.
- Dr. Michelberger must take into account the well-being of clients. Dr. Michelberger is therefore entitled to reject coaching or similar treatments without giving reasons, if the necessary relationship of trust cannot be expected to be established or if she is not able to handle it for legal reasons or because it does not fall within her area of expertise, or if there are reasons that could bring about conflicts of conscience. Dr. Michelberger can use methods that are not recognised by schools of medicine and not generally explained. The subjective expected success of Clients cannot be promised or guaranteed. As far as the client rejects the methods of Dr. Michelberger, this must be explained to Dr. Michelberger. The implied warranties are not affected by the rejection.
- Dr. Michelberger is entitled before or during the performance of her services to carry out necessary substantive, methodological and organisational changes or deviations, insofar as they increase the benefits of the pronounced treatment services or do not change them significantly.
- The content provided within the framework of services and documents is created in good faith and knowledge. A liability and warranty for the correctness, topicality, completeness and quality of the content is excluded.
- Dr. Michelberger is not liable for force majeure, especially war, civil war, strike, natural disasters and shipping restrictions that come into force after the conclusion of the contract or are not known.
- Clients are obliged to cooperate in the event of service and performance disruptions within the scope of the statutory provisions, and to avoid possible damages or to keep them to a minimum.
- In addition, statutory regulations shall apply to warranty performance and disruptions to performance and services.
- Right of withdrawal for consumers
A consumer is any natural person who enters into a legal transaction for a purpose that cannot be predominantly assigned to either their commercial or their independent professional activity.
Right of withdrawal
You have the right to withdraw from this agreement within 14 days without specifying grounds. The withdrawal period is fourteen days from the first day of concluding the agreement. In order to exercise your right of withdrawal, you must inform us (Dr. Michelberger, Ostermader Kamp 1, Anlage Hohes Ufer Nr. 508, 23779 Neukirchen-Ostermade, Germany, Telefon: +49-171-9371440, E-Mail: firstname.lastname@example.org) of your decision to terminate this agreement by means of clear declaration (e.g. a letter sent by post, telefax or email). You can use the attached sample withdrawal form. However, this is not mandatory.
The timely notification of the withdrawal from the contract before the expiry of the withdrawal period shall be deemed sufficient for compliance with the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments we received from you, including the delivery costs (with the exception of any additional costs arising from the fact that you selected a type of delivery other than that offered by us, the cheapest standard delivery). We shall reimburse you immediately, at the latest within fourteen days from the date on which we receive notification of your contract withdrawal. For this reimbursement, we shall use the same method of payment that you used in the original transaction, unless other arrangements have been explicitly agreed with you; under no circumstance shall you be charged fees for this reimbursement.
If you requested that the services should begin during the withdrawal period, you must pay us a suitable amount corresponding to the proportion of the services already rendered in comparison to the overall scope of the services provided for in the agreement up until the time at which you inform us you are exercising your right of withdrawal with regard to this agreement.
Sample withdrawal form
(Should you wish to withdraw from the agreement, please fill out this form and return it to us).
– To: Dr. Michelberger, Ostermader Kamp 1, Anlage Hohes Ufer Nr. 508, 23779 Neukirchen-Ostermade, Germany, E-Mail: email@example.com.
– I/we hereby withdraw from (*) the agreement I/we concluded for the purchase of the following goods (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name of the Client(s)
– Address of the Client(s)
– Signature of the Client(s) (only for paper correspondence)
(*) Delete as appropriate.
- Changes to these Terms and Conditions of Use
- Dr. Michelberger reserves the right to change these Terms and Conditions of Use at any time and with immediate effect, unless this is unreasonable for the Users. A change is carried out when the following objective reasons are present: a) if the purpose of the change is to ensure that the Terms and Conditions of Use are in compliance with applicable law and, in particular, if the current legal situation changes; b) if the purpose of the change for Dr. Michelberger is to ensure compliance with legal or regulatory judgments; c) if entirely new services from Dr. Michelberger, elements of the service offered by Dr. Michelberger, or technical or organizational processes from Dr. Michelberger will require a new description in the Terms and Conditions of Use and the existing contractual relationship with the User will not be affected; and d) if the change is simply advantageous for the Users.
- In such a case, Dr. Michelberger will send the amended Terms and Conditions of Use to the email address provided to Dr. Michelberger by the User at least two weeks before such amended Terms and Conditions of Use take effect. As part of the notification concerning changes to the Terms and Conditions of Use, Dr. Michelberger shall inform the Users of the consequences of objection. If the User does not object to the new Terms and Conditions of Use within a period of two weeks after receiving the email, the amended Terms and Conditions of Use are deemed accepted by the User.
- Limitation of liability
- The following limitations and restrictions of liability apply to the liability of Dr. Michelberger for damages and do not affect the statutory requirements for claims:
- Dr. Michelberger has unlimited liability if damages were caused by intent or gross negligence.
- Furthermore, Dr. Michelberger is liable (i) for the negligent breach of duties, the violation of which endangers the execution and fulfillment of the contract, as well as (ii) for the breach of duties, the fulfillment of which allows for the proper execution and fulfillment of the contract and the compliance on which they rely. In this case, however, Dr. Michelberger is only liable for damages that are foreseeable and typical of this type of contract. The typical damage is for clients who are entrepreneurs is generally limited to the fixed fee and otherwise limited to the amount of the client’s contractual fee for the period in which the breach of duty took place, unless the limitation would be unreasonable in individual cases from an equitable point of view. Typical damages do not exceed five times the agreed remuneration for clients who are entrepreneurs. Dr. Michelberger is not liable for violating duties other than those defined in the preceding paragraphs if the violation is due to simple negligence.
- The aforementioned limitations do not apply (i) to injury to life, body or health, (ii) to a defect after assumption of a guarantee for the quality of the contractual product, and (iii) to fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
- If the liability of Dr. Michelberger is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
- Final provisions, Jurisdiction and Applicable Law
- Clients can only transfer claims arising from this contract to Dr. Michelberger with the approval of Dr. Michelberger.
- The place of jurisdiction and place of fulfilment is Neukirchen-Ostermade if the client is a business, a public legal entity or a public-law special fund. For Clients who are businesses, the laws of the Federal Republic of Germany shall apply.
- The complaints procedure is done via online dispute resolution for consumers (OS): https://ec.europa.eu/consumers/odr/.
Most recent revision: 11.02.2018