General Terms and Conditions for Coaching and Consulting

1. Scope

These general terms and conditions apply to orders whose subject matter is coaching of the client by the contractor Eva Klein Consulting, owner Eva Klein (hereinafter referred to as „the consultant“). The content of the contract is consulting services on a mental level for the preparation and implementation of personal, business or professional decisions. The following general terms and conditions apply exclusively to the business relationship between the consultant and the client in the version valid at the time of the order. Differing general terms and conditions of the customer are not recognized unless the consultant expressly agrees to their validity in writing. The customer is a consumer if the purpose of the ordered services cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who is acting in the exercise of his commercial or independent professional activity when concluding the contract.

2. Subject matter of the contract & scope of services

When you commission us, our general terms and conditions are deemed to have been accepted. Deviations from these must be agreed in writing. Details of the order such as task, duration, fee, etc. are regulated in a separate written contract (order). The subject of the order is the agreed consulting activity. The consultant’s services are provided when the sessions with the client have taken place. It is irrelevant whether or when the conclusions or recommendations are implemented. The knowledge that is imparted, as well as the self-experience at different, individual levels, is voluntary and at your own risk. Each client decides for themselves to what extent they want to get involved in the content, events, processes and exercises during the sessions. Subsequent changes and additions to the order or the essential work results must be in writing to be effective.
The online offer to conclude a contract is made by the client as soon as they click on the „order now“ field. A contract between the client and the consultant is only concluded when the order is confirmed to the client. The client can select products from the consultant’s range online and collect them in a so-called shopping cart using the „Buy now“ button.
After pressing the „Checkout“ button, the client can select their personal data (name, address, delivery and billing address, payment method). In the last step, the client is shown their entries and the products they have selected on the „Check and order“ page. The client can make changes using the „Edit“ button. By clicking the „Buy now“ button, the client submits a binding application to purchase the goods in the shopping cart.
However, the application can only be submitted and transmitted if the client has accepted these contractual conditions by clicking the „Accept terms and conditions“ button and has thereby included them in their application. The consultant then sends the client an automatic confirmation of receipt by email, in which the client’s order is listed again. The contract is concluded by this order confirmation by the consultant. In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the client by the consultant on a permanent data medium (email or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
The offline offer to conclude a contract comes from the consultant. A contract between the client and the consultant only comes into existence when the order is confirmed to the consultant.

Confidentiality & data protection

The consultant is obliged to maintain confidentiality about all client-related facts that become known to him in connection with the execution of the order, even after the order has been completed. He may not pass them on to third parties without the written consent of the client. This also applies to written statements, in particular order-related reports or recommendations. The consultant also undertakes to carefully store the documents provided and to protect them from being viewed by third parties. The consultant will under no circumstances pass the data on to third parties for their commercial use. The consultant undertakes to keep the information confidential as part of the booking by the client & When processing the booking, the statutory data protection regulations must be observed, in particular the Federal Data Protection Act (BDSG), in order to achieve sufficient protection and security of client data.
We therefore provide separate information in our privacy policy about the collection, storage and processing of personal data as well as the related rights of those affected. You confirm that you have read our privacy policy before using our services and that you agree to it. You give your revocable consent to the consultant contacting you by means of remote communication (e.g. email, SMS, telephone, messenger services, video call). If you object to us contacting you, you must send us an email to: office@eva-klein.de In your email, you must state all the contact options through which we are no longer allowed to contact you. Any incompleteness in this regard is not our responsibility. The actual receipt of your email by us is decisive.
You give your revocable consent to the storage and processing of all personal data you leave with the consultant (e.g. application form: name, address, telephone number, email address, personal interests, financial circumstances, hobbies, character questions). You give your revocable consent to the use of cookies within the consultant’s services, to the evaluation, storage and merging of your user behavior and to the processing and transmission of your personal data and user profiles left with the consultant for marketing and advertising purposes to third-party companies from non-EU/EEA countries.
If outstanding claims are forwarded to a factoring company, the consultant is authorized to transmit all the client’s necessary data to the company.

Duty of cooperation of the client

The coaching or consultations are carried out on the basis of the preparatory discussions held between the parties. It is based on cooperation and mutual trust. In this context, the consultant points out that coaching is a free, active and self-responsible process and that certain successes cannot be guaranteed. The consultant supports the participant as a process companion and support in decisions and changes – the actual change work is carried out by the client himself. The client should therefore be willing and open to deal with himself and his situation. Our statements and recommendations only prepare his personal decisions, but can in no way replace them.

Payment conditions

All prices stated on the consultant’s website are exclusive of the applicable statutory sales tax. Unless otherwise agreed individually in writing, the client is obliged to pay in advance for all services provided by the consultant up to 48 hours before the agreed appointment, otherwise the appointment is deemed to be cancelled and can be reassigned by the consultant. Payment must be received at least 48 hours before the agreed date so that the appointment can take place.
The corresponding shipping costs for physical goods are stated to the client in the order form and are to be borne by the client unless the client exercises his right of withdrawal.
The goods are shipped via a parcel service provider.
With regard to the shipping of digital products, the client is responsible for providing a correct email address and regularly checking his SPAM mailbox and, if necessary, asking the consultant where his digital product is.
In the event of a withdrawal, the client must bear the direct costs of the return shipment.
All our other offers are subject to change and subject to change. Unless otherwise agreed, all fees quoted are exclusive of travel costs, expenses and statutory VAT. This also applies to fixed-price offers. The fee for the consultant’s services is calculated according to the time spent on the activity (hourly fees) or agreed in writing as a fixed price. Fixed-price offers are also service offers. Fixed prices are therefore billed before the agreed project time. The invoice before the start of the coaching or consulting measures is due immediately upon invoicing and without deduction by bank transfer, unless otherwise agreed.
If the client explicitly requests this, it is possible to request an installment payment agreement. If the consultant agrees, the invoiced amount is then to be paid in three consecutive monthly installments of 1/3 each, no later than the 1st of the month. Alternatively, an individual payment method can be agreed. In case of late payment, the total amount is due immediately.
In the event of a direct debit being returned, particularly due to insufficient funds in the account, the resulting bank fees must be paid by the client.
As already described under (1), there is an obligation to pay in advance with regard to the respective fee.

Liability

The client’s claims for damages are excluded. Excluded from this are the client’s claims for damages arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the consultant, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
In the event of a breach of essential contractual obligations, the consultant is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of the client’s claims for damages arising from injury to life, body or health.
The restrictions in paragraphs 1 and 2 also apply to the benefit of the consultant’s legal representatives and vicarious agents if claims are asserted directly against them.
The limitations of liability resulting from paragraphs 1 and 2 do not apply if the consultant has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies if the consultant and the client have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
Special exclusion of liability: The client is solely responsible for his decisions, actions and results in his life. Under no conceivable circumstances can the consultant be held responsible/liable if the client implements decisions, actions or work results in his life and business processes that are based on the coaching session. The consultant does not offer professional medical, psychological, therapeutic, legal or financial advice.

Force majeure

If the consultant is unable to perform (e.g. due to illness), the consultant is entitled to postpone the fulfillment of the obligations for the duration of the hindrance and for a reasonable start-up period. Events of force majeure that make the performance significantly more difficult or temporarily impossible entitle the respective party to postpone the fulfillment of its performance for the duration of the hindrance and for a reasonable start-up period. The parties shall inform each other immediately of the occurrence of such circumstances. If the coaching session cannot be carried out due to force majeure, in particular storms, earthquakes, floods, and/or the suspicion of attacks, assassinations, hostage-taking, war, unrest, civil war, revolution, terrorism, sabotage, strikes, pandemic, Covid-19, Eva Klein Consulting is not obliged to carry out the session. In this case, Eva Klein Consulting assumes no liability for expenses of any kind in connection with the session fee. In particular, travel or accommodation costs will not be reimbursed.

Protection of the consultant’s intellectual property

The client is responsible for ensuring that the reports, workbooks, drafts, drawings, e-books or other works produced by the consultant as part of the order are only used for his own purposes and are not published without express consent in individual cases. The use of the consulting services provided for companies associated with the client requires a separate written agreement.

Usage rights

The consultant has exclusive copyright exploitation rights to all images, videos, texts, webinars, databases, etc. published by the consultant (e.g. on Facebook or on password-protected platforms). Any use of this content is not permitted without the consultant’s consent.
The client receives a simple right of use in relation to the content stored by us in the password-protected member area exclusively for the duration of the contract term. This right of use serves to implement the contract concluded individually with the client.
The client must take appropriate measures to ensure that third parties do not gain access to the content provided by the consultant. The client is prohibited from passing on login data to third parties.
Passing on to third parties or copying the content stored by the consultant on our platforms is strictly prohibited. If the client copies content from the protected member area and/or edits it and/or passes it on to unauthorized third parties and/or allows unauthorized third parties access to our content, an appropriate contractual penalty to be determined by us and reviewed by the competent court in the event of a dispute is deemed to have been forfeited.
The client does not receive any right of use in relation to advertising texts/advertisements that we have published on our websites or within forums/groups.
Forms of use that are permitted due to mandatory legal provisions are of course exempt from this consent requirement.

Right of withdrawal for consumers (a)

As a consumer, you have a right of withdrawal in accordance with the instructions set out in Section 10b.
The withdrawal period begins when the contract is concluded. The contract for consultations, seminars and training courses is concluded at the moment you receive confirmation of the booking of your consultation/training/seminar from us. You can cancel your booking free of charge within 14 days, whereby sending the relevant form (see below) is sufficient to meet the deadline. In the event of cancellation, processing fees amounting to half of the coaching package are due up to the middle of the agreed coaching period. After that, the entire agreed price is due, as the place cannot be allocated that quickly. The free content and discussions enable an intensive preliminary suitability test for the client.
For physical products, the cancellation period always begins when you receive the goods or when a person you have authorized receives them. The right of cancellation is excluded for products that have a firm seal and as soon as the seal has been broken. The same applies to signed products.
For digital products, there are the following special features with regard to the right of cancellation:
1. If a digital product (e.g. an online course, an e-book, an audio file, etc.) is purchased and you are provided with the entire content directly, you waive your right of objection.
2. We refer to this directly BEFORE completing the order as follows: We would like to point out that you waive your 14-day right of cancellation because
  1. You receive direct access to all course content and/or
  2. You can download the e-book, workbook, etc. directly and/or
  3. We should start providing the service (coaching/advice) immediately.

Right of cancellation for consumers (b)

You have the right to cancel this contract within fourteen days without giving any reason. You have no right of withdrawal if you expressly agreed when booking that the service should begin before the end of the withdrawal period. The same applies if you have received access to a digital product whose content you can use directly. You have thus effectively waived your right of withdrawal. We informed you of this before concluding the contract.

Start of the period for online products/courses/consultations/coaching The withdrawal period is fourteen days from the day the contract is concluded. The contract is concluded on the day on which you receive a confirmation email from us or Thrivecart after successfully booking a consultation/course. You have a separate 14-day right of withdrawal for each individual booking.
Start of the period for physical products/goods The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the goods. If we send the goods from an order in several partial deliveries, the period begins upon receipt of the last partial delivery. For a subscription order, the period begins upon receipt of the first product. If you have purchased through Thrivecart, please also send your cancellation to the following address:
Thrivecart LLC, Austin, Texas, email: support@thrivecart.com
For all purchases not processed through Thrivecart, please inform Eva Klein Consulting (represented by Eva Klein, Witzlebenstr. 6, 14057 Berlin, office@eva-klein.de) in a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the following sample cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF CANCELLATION

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a different type of delivery than the inexpensive standard delivery offered by us), as described above, immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. If you have made the payment by bank transfer, send us your account details again because we only see part of your account details on the bank statement.

The model for the cancellation form is based on Appendix 2 to Article 246a § 1 Paragraph 2 Sentence 1 No. 1 and § 2 Paragraph 2 No. 2 EGBGB (If you want to cancel the contract, please fill out this form and send it back.)
The cancellation form to Thrivecart LLC, Austin, Texas, email: support@thrivecart.com.
To Eva Klein Consulting, represented by Eva Klein, Witzlebenstr. 6 . 14057 Berlin, office@eva-klein.de.

Miscellaneous

Contracts between the consultant and the client are subject to the law of the Federal Republic of Germany, with the irrevocable exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
If the client is a merchant, a legal entity, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of Eva Klein Consulting.
The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points are replaced by the statutory provisions, if any.
The version of these terms and conditions valid at the time of the order applies. The status of the terms and conditions can be found at the end of the document.
The exclusive place of jurisdiction is irrevocably Berlin.
We would like to point out that in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr. We do not participate in the dispute resolution process.

Status: Berlin November 5, 2024