General terms and conditions of Lena Sophie Rose
- Scope of application
1.1 The following general terms and conditions apply to all legal transactions with consumers and sole proprietorship companies
Lena Sophie Rose
Saalfelderstr. 40
28215 Bremen
Legal transactions can take place by telephone, email, contact form or via the website.
1.2 The language available for concluding the contract is exclusively German. Translations into other languages are for your information only. The German text takes precedence in the event of any differences in language usage.
1.3 These General Terms and Conditions apply exclusively. Conditions that conflict with or deviate from these General Terms and Conditions that the customer uses will not be recognized unless I have expressly agreed to their validity in writing or in text form.
2 Applicable law and consumer protection regulations
2.1 The law of the Federal Republic of Germany applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany, if
- a) you have your usual residence in Germany
- b) you as an entrepreneur book a service/buy a product
or
- c) your habitual residence is in a country that is not a member of the European Union.
2.2 In the event that you are a consumer i. S.d. § 13 BGB and you have your habitual residence in a member state of the European Union, German law also applies, although mandatory provisions of the state in which you have your habitual residence that are more favorable to the consumer remain unaffected.
A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2.3 Only substantive Swiss law applies to Swiss consumers. For business customers from Switzerland, German law is agreed.
2.4 The version of these General Terms and Conditions valid at the time of the order applies. You can find the current terms and conditions at the end of the document.
2.5 The prices apply at the time of booking a counseling session, a workshop, a yoga class, the purchase of a product and/or the booking of a course.
2.6 If certain discount or special offers are advertised, these are limited in time or quantity. There is no entitlement to this.
3 Subject of the contract and general information
3.1 The subject of the contract is the following services offered on the website:
⁃ Counseling individual sessions (online or in person by arrangement)
⁃ Participation in workshops (online or in person by arrangement)
⁃ Yoga lessons (online or in person, group or individual)
You can find the current offers on my website.
3.2 During a counseling/advice/yoga class, the preparatory initial conversation between me and you forms the basis for the support.
The initial consultation (clarification of the topic, general conditions and organizational matters) lasts approx. 20 minutes and is free of charge and non-binding.
During the initial consultation, you will name the topic/reason for the counseling/advice/yoga class. Together we will find out whether collaboration is conceivable for both of us and whether our views and expectations match.
3.3 All contracts concluded on the basis of these General Terms and Conditions are service contracts, unless expressly agreed otherwise. The subject of the contract is therefore the provision of the agreed services, not the achievement of a specific success. The psychologist provides her services based on the information provided by the client.
4 Conclusion of the contract
4.1 The following applies to bookings made by telephone, in writing, by email, SMS, WhatsApp or a messenger service:
4.1.1All offers on the Internet are non-binding and do not represent a legally binding offer to conclude a contract.
4.1.2 Offer:
By booking/ordering, you are bindingly offering me the conclusion of a consulting contract/purchase agreement.
You also declare that you have read and accepted these terms and conditions. I pointed out the terms and conditions to you in the purchase contract before the first appointment and noted where they can be viewed on the website.
4.1.3 Assumption:
The contract between us is concluded when you receive my booking confirmation, either in text form by email or in a conversation by verbal and telephone agreement.
4.1.4 Payment by bank transfer as a one-off payment is available as a payment option. After conclusion of the contract, the total amount is due immediately. I will also send you the account details with the invoice and confirmation email.
ALTERNATIVE:
You can pay via PayPal.
I will also send you the Paypal address with the invoice and confirmation email.
4.2 The following applies to bookings via my website:
You book the counseling/workshop/yoga class by going through the following steps:
4.2.1 On my website you will find the exact content of my offers under the “Offers” section.
4.2.2 You have the opportunity to book your free 20-minute introductory meeting with me under the “Contact” item and the contact form on each page. Please fill out the contact form and I will contact you as soon as we have an appointment Once you have agreed, you will receive an appointment confirmation from me.
4.2.3 After our initial discussion, I will send you my offer and purchase contract via email. In this email you will also find a reference in the purchase contract with a link to my current terms and conditions.
As soon as I have received confirmation from you, the contract between us has been concluded.
4.2.4 Alternatively: In our free initial consultation, I will explain my special offer for you directly. If you decide during the conversation that you want to work with me, you will receive an email confirming the contract and the first invoice after the phone call.
4.2.5 The payment options are payment by bank transfer or Paypal as a one-off payment. After conclusion of the contract, the total amount is due immediately.
I will also send you the account details with the confirmation email.
4.2.6 You can pay via PayPal or advance payment.
- a) By selecting “Paypal” you will receive an email from me with the invoice with the transfer details.
- b) By selecting “Prepayment” you will receive an email from me with the invoice containing the transfer details.
5 Collection, storage and processing of your personal data
5.1 To carry out and process a booking we need the following data from you:
– E-mail address
– First and Last Name
– Address data (for invoicing)
– Date of birth (optional)
5.2 We use the data you provide without your separate consent exclusively to fulfill and process your order(s), for example to deliver the digital product.
5.3 Without setting up a customer account, we only store the data within the scope of our tax and commercial law obligations.
5.4 If you change your personal information, you are responsible for updating it yourself.
Please send me an email to lenasophierose11@gmail.com with your changed contact information.
6 Right of withdrawal for consumers
6.1 As a consumer, you have a right of withdrawal in accordance with the instructions listed in the appendix.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
6.2 The cancellation period begins with the conclusion of the contract. The contract is concluded the moment you receive confirmation of the booking from me.
6.3 For digital products, there are the following special features regarding the right of withdrawal:
- a) If a digital product (e.g. an audio file, PDF, etc.) is purchased and you are provided with the entire content directly, you waive your right to object.
- b) We refer to this directly BEFORE completing the order.
This can be done in the offer email or directly with your product.
I would like to point out that you are waiving your 14-day right of withdrawal because you
- you get direct access to an audio file/PDF
- I should start providing services (counseling/workshop/yoga lessons) straight away.
6.4 The separate cancellation form and instructions can be found here: Cancellation
7 Prices, payment terms, installment payments and due dates
7.1 My prices are gross prices (including statutory VAT).
According to the small business regulation in accordance with Section 19 of the UstG, I do not report any sales tax.
7.2 The possible payment methods (e.g. bank transfer, Paypal) can vary per product.
7.3 An invoice will generally be sent to you by email in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to me within 7 days.
7.4 In principle, the total amount is due immediately after the order is placed.
7.5 If the customer defaults on payment or otherwise defaults, I am entitled to refuse service or delivery until all due payments have been made. In addition to late payment interest at a statutory rate, the customer must pay EUR 5.00 per reminder from me. I am still entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage that may arise. These rights apply without prejudice to any other contractually agreed or statutory rights and claims of mine.
7.6 Late payments will incur default interest in the agreed amount as well as costs for appropriate reminders, both when purchasing on account. If the internal dunning process is unsuccessful, I can hand over the outstanding claim to a lawyer for collection. In this case, you may incur costs for legal representation.
7.7 You are not entitled to assert or set off a right of retention against my payment claims; unless these are undisputed or stated counterclaims.
8 Duration of a consultation unit Location of the consultation
8.1 A counseling/yoga unit usually lasts 60 minutes. A workshop usually lasts 90-120 minutes.
8.2 The counseling/private yoga class usually takes place 1:1. A workshop/group yoga class usually takes place in groups of up to 12 people.
8.3 Unless otherwise agreed between the parties, the counseling sessions will take place online via Zoom/Google Meets.
9 General information on advice, workshops and yoga lessons
9.1 Advice is based on cooperation and mutual trust. Counseling/advice/workshop is a free, active and self-responsible process in which a certain success cannot be promised and is not owed.
9.2 You are fully responsible for your physical and mental health both during the session and in the phase between appointments. Any actions you may take as a result of the consultation/workshop are your own responsibility.
9.3 You are responsible for your own health. If you have a mental illness or have been diagnosed by a doctor, ask your doctor whether counseling/advice/workshops might be useful. I reserve the right to cancel the counseling/mentoring/workshops in such cases.
If you have a physical illness/have been diagnosed by a doctor or are currently in pain, ask your doctor whether yoga might be useful. Only do exercises that won’t cause you any physical harm. You are fully responsible for your physical health during yoga classes.
10 Scope of services and services not used during the consultation
10.1 The scope of services depends on the respective counseling/workshop/yoga class.
10.2 If a counseling/workshop/yoga class on my part is canceled due to illness, for example, this appointment will be rescheduled. In the event that this is not possible, you will receive a refund of the amount paid.
10.3 If you cancel an appointment, it depends on the time of cancellation whether we will reschedule the counseling/workshop/yoga class or whether it will expire. You can find regulations on this in the following regulation 11.
11 Cancellation conditions Counseling/Workshop/Yoga
11.1 An appointment can be canceled free of charge up to 48 hours before the appointment.
11.2 If you cancel 48 hours before the appointment, the entire amount will be due.
11.3 If you cancel a counseling/workshop/yoga class, the full fee will be retained unless a medical certificate is available.
11.4 Cancellation must be made in text form (email) to the email address lenasophierose11@gmail.com.
12 Cancellation of counseling/yoga/workshop by Lena Sophie Rose
12.1 I am entitled to cancel a group counseling/workshop/yoga class, even at short notice, if not enough participants have registered.
12.2 I am also entitled to cancel a 1:1 or group consultation/workshop/yoga class if the speaker falls ill at short notice and no replacement can be provided.
12.3 In cases 1 and 2 we will first try to find an alternative date. If this is not possible, you will receive the participation fee back. Further costs that you have incurred, such as travel costs, accommodation costs, etc. will not be covered.
12.4 If you behave in breach of contract by violating these general terms and conditions, I have the right to exclude you from the counseling/workshop/yoga class.
This is particularly the case if you disrupt the course of the counseling/workshop/yoga class and do not stop doing so even after being asked to do so. In this case no costs will be refunded.
12.5 I am also entitled to exclude you from counseling/workshops/yoga if you repeatedly do not keep to the appointments you have made, e.g. if you do not attend subsequent appointments.
12.6 Even if you disrupt the course of the counseling/workshop/yoga class and do not stop doing so even after being asked to do so, I am entitled to exclude you from the counseling/workshop/yoga class.
12.7 In the cases paragraphs 12.4-6, I will not reimburse you any costs.
13 Confidentiality
I undertake to maintain secrecy about all confidential information from you for the duration of the counseling/workshop/yoga class and even after our collaboration has ended.
14 Know-how protection and business secrets
14.1 You are aware of the fact that all information that you receive during our collaboration about the way in which I provide services (use ideas, concepts and operational experience (know-how) developed by me and which is based in particular on legal regulations or the nature of the The matter must be kept confidential. For this reason, you undertake to maintain the confidentiality of the above-mentioned information. In addition, you are not entitled to use this information outside of our contract In this case, it is prohibited and always requires express permission from me.
As part of a coordinated testimonial, you are entitled to speak/write about the way you work with me.
The obligation to maintain trade secrets extends beyond the end of the parties’ cooperation.
14.2 The following information is not covered by confidentiality: it was already known before the confidentiality obligation, was developed independently by me, was or is publicly accessible when the information was received, or subsequently became publicly accessible through no fault of the contractor.
14.3 An appropriate contractual penalty is due for any breach of the obligation of confidentiality.
15 Exclusion from medical treatments
15.1 As a coach/consultant/yoga teacher, I do not make any diagnoses and may not and will not give any medical advice or information.
15.2 The consultation is not psychotherapy or healing treatment and is not intended to replace it. The consultation requires normal psychological and physical resilience. If you have illness-related symptoms, you are asked to seek medical or psychiatric treatment.
15.3 I am not a doctor and do not make any medical or health promises.
16 Copyright on my materials and documents and online courses
16.1 The files and documents may only be accessed (downloaded) and printed out by you as my customer and only for your own training. Downloading and printing files is only permitted within this framework. In this respect, you as a customer may also have the printout carried out with the technical support of third parties (e.g. a copy shop).
Otherwise, all usage rights to the files and documents remain reserved. This means that you will not receive any additional terms and conditions. Therefore, in particular, the making of copies of files or printouts for third parties, the passing on or forwarding of files to third parties or the other use for purposes other than one’s own study purposes, whether paid or free of charge, requires my express prior written consent, even after the consultation has ended.
Full or partial commercial use is excluded.
16.2 The brands and logos listed on the documents enjoy protection under the trademark law/copyright law.
As a customer, you are obliged to use the documents and files accessible to you only within the scope expressly permitted here or by virtue of mandatory legal regulations, even without my consent, and to prevent unauthorized use by third parties. This continues to apply even after the consultation/workshop has ended.
16.3 Forms of use that are permitted due to mandatory legal provisions are of course excluded from this reservation of consent.
17 Own provision of suitable IT infrastructure and software
As a participant, you are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software necessary to use Lena Sophie Rose’s online offerings (in particular web browsers and PDF programs such as Acrobat Reader ®) yourself and at your own expense and risk.
18 Liability for course content
In my counseling/workshops/yoga lessons I only give recommendations for action. The implementation of these recommendations is the sole responsibility of the customer.
19 Limitations of Liability
19.1 I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. In the latter case, however, I am only liable for foreseeable, contract-typical damage. I am not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
19.2 Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, I am not liable for the constant and uninterrupted availability of the online offering.
19.3 All of the liability limitations mentioned also apply to our vicarious agents.
20 Changes to these Terms and Conditions
These terms and conditions can be changed if there is an objective reason for the change. These could be, for example, changes in the law, changes in case law or a change in economic circumstances. I will inform you in good time about the planned changes. After receiving the information, you have a 14-day right of withdrawal.
21 Final provisions
21.1 The terms and conditions written here are complete and final. In order to avoid ambiguities or disputes between the parties about the agreed contractual content, changes and additions to these terms and conditions should be made in writing – whereby e-mail (text form) is sufficient.
21.2 If you had your place of residence or habitual abode in Germany when the contract was concluded and either moved out of Germany at the time we filed the lawsuit or your residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes is my company’s headquarters in Bremen.
21.3 I would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. You can find details about this in Regulation (EU) No. 524/2013 and at the internet address: http://ec.europa.eu/consumers/odr
21.4 If individual provisions of this contract are invalid, this will not affect the rest of the contract. The scope of services agreed in the regulation must then be adjusted to the legally permissible extent.
Status of the terms and conditions: April 10, 2024
*transalted from german into english, in case of uncertanity the german version is the one to be taken into account when it comes to legal issues.