terms of service
1. field of application
1.1 The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs Andrea Reichhart one-man business Bussardweg 19 66606 St. Wendel - Germany hereinafter referred to as "I", or "Andrea Reichhart" or "Andrea Reichhart and team".
The legal transactions can take place in person, by post, via Messenger, by e-mail, in the initial discussion or via the website.
1.2 With the assignment, these conditions are deemed to have been accepted. Deviations from these GTC must be agreed in writing.
2. my services
2.1 My consulting services are services in accordance with §611ff. BGB. A specific success, such as an increase in sales, is not owed. My statements and recommendations prepare the entrepreneurial decision of the client. In no case can you replace them.
2.2 I am entitled to use assistants, expert third parties and other vicarious agents to implement a consulting contract
2.3 To be clear: My consulting services do not include legal advice. The customer is solely responsible for compliance, for example, with the legal framework for advertising measures on Facebook, including Facebook's advertising guidelines.
3.1 Andrea Reichhart is obliged to treat information about company and business secrets of the client as confidential and not to pass them on to third parties. And, if desired, to have a corresponding declaration of commitment signed.
4. subject of the contract
4.1 The subject of the contract can be the following services (although the list is not exhaustive):
- Online courses
- Online Products
- VIP packages
- Group Coaching programs
- 1:1 online consultation
hereinafter referred to as "Offers" or "Products".
4.2 All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
5. payment and terms of payment
5.1 All fees and course offers are in euros, exclusive of sales tax (unless otherwise stated). For consulting services, the fees published on the website and/or specified in the consulting agreement will be charged.
5.2 I reserve the right to withhold my services as long as the agreed remuneration has not been paid. In the case of installment payments, this applies accordingly if a due installment is not paid.
5.3. The contractually stipulated terms of payment apply to Online Courses/products that are purchased, for example, via Digistore24 or elopage. The same applies here: I reserve the right to withhold my services as long as the agreed remuneration has not been paid. In the case of installment payments, this applies accordingly if a due installment is not paid. This includes exclusion from exclusive Facebook groups and no longer having access to the Online Course/product.
5.4 My fee for a consultation or 1:1 online coaching is due immediately after invoicing (within 7 days) and without deduction before the first consultation session, unless otherwise agreed. Retention of the fee and offsetting are only permissible if the client's claims have been recognized by me or have been legally established.
5.5 If the PayPal payment method is selected for online orders (also in the case of installment payments), Digistore24 or elopage will connect you directly to a PayPal-controlled and secure payment website, which runs on PayPal's secure servers.
6. right of withdrawal for consumers
6.1.1 The cancellation period begins with the conclusion of the contract. The contract is concluded at the moment when you receive the confirmation e-mail of the purchase from me/ Digistore24/ elopage.
6.1.2 Before completing the order, you agree to my terms and conditions and the terms and conditions of Digistore24 or elopage by clicking in the respective box. The specified return regulations apply.
6.2 In the case of digital content / products, there are the following special features with regard to the right of withdrawal (see §356 Para. 5 BGB): If you buy a digital product and you are provided with the entire content immediately after payment, you waive your right of objection - if it is stated accordingly in the product. I would like to point this out directly before completing the order with the following passage: "I agree and expressly request that you start executing the contract before the end of the cancellation period. I am aware that I will lose my right of withdrawal for download products at the beginning of the execution of the contract and for services upon full fulfillment of the contract."
6.3. Satisfaction guarantee if you were active for my Online Course VIDEOQUEEN video school™: I want you to be really happy with the course. If you have looked at the course and implemented the first tips and still notice that the course is not right for you, you will get your money back. In order for me to be able to refund you the money, I have to make sure that you really tried to implement my system.
By that I mean specifically:
- you must prove that you have worked through module 2 completely and the worksheet "how well do you know your target audience?" filled out completely
- have completely filled out the worksheet "how to research online"
- have completely filled out the worksheet "Create your desired customer profile"
In order to meet this requirement, the worksheets must have been completed in full and you must not have looked at more than modules 1 and 2. If you can provide proof of these worksheets and bought the course 14 days or less ago (the exact date and time is decisive), then please send your email with the worksheets attached to firstname.lastname@example.org and I will refund you the full course fee.
7.1 Unless otherwise agreed, all documents handed over to the customer (worksheets, video training, audio files) are included in the agreed remuneration. The copyright to the documents belongs solely to Andrea Reichhart. The client is not permitted to reproduce the documents in whole or in part and/or to make them accessible to third parties without the written consent of Andrea Reichhart.
8. contract duration and termination
8.1 The contract has the fixed term agreed upon conclusion of the contract and is based on the offer or product booked. As a rule, the contract ends automatically when it is fulfilled, which means in concrete terms: you have paid the entire fee and I have provided the corresponding service in return.
8.2 Ordinary termination of the contract is excluded.
8.3 The right of both parties to termination without notice for good cause remains unaffected. The cancellation must be made in writing to be effective. To ensure the written form, an e-mail with the notice of termination is sufficient.
8.4 I have an extraordinary right of termination in particular if you are in arrears with payments more than twice or if you intentionally violate the provisions of these GTC. In this case, the entire fee paid will be retained.
9. group coaching appointments
9.1 Insofar as my consulting services include group coaching appointments (i.e. live consulting of several customers at the same time), the following applies:
9.2 If I am not able to carry out a group consultation appointment for reasons for which I am not responsible (e.g. short-term illness), I will inform the affected customers immediately and communicate the alternative appointment.
9.3 For those participants who cannot be there live, a recording will be made available later.
9.4 The participants have no right to be present live at the online group coaching appointments.
10. limitation of liability
10.1. The seller is liable for intent and gross negligence. Furthermore, the seller is liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which a customer regularly relies. In the latter case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
10.2. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.
10.3. According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers. 10.4. The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr. I do not take part in a dispute settlement procedure before a consumer arbitration board.
11. final provisions
11.1. Changes or additions to these terms and conditions in writing. This also applies to the cancellation of this written form requirement.
11.2. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.
11.3. If a consumer had his domicile or habitual residence in Germany when the contract was concluded and either relocated at the time the action was filed or his whereabouts are unknown at this time, the place of jurisdiction for all disputes is the seller's place of business. If a consumer does not have his domicile or habitual residence in a member state of the European Union, the courts at the place of business of the seller shall have exclusive jurisdiction for all disputes. If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
11.4. Should individual provisions of this contract be ineffective or contradict the legal regulations, the rest of the contract will not be affected. The ineffective provision will be mutually replaced by the contracting parties with a legally effective provision that comes as close as possible to the economic meaning and purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.