Allgemeine Geschäftsbedingungen

Terms and Conditions (GTC)

The terms and conditions of Johannes Duemler, SPATHA, Fürstenrieder Str. 279a, 81377 Munich (hereinafter: "SPATHA").

§ 1 Scope

(1) The following general terms and conditions (GTC) apply to all contracts that SPATHA and its agents conclude with its customers,

(2) These terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer will only become part of the contract if and to the extent that SPATHA has expressly agreed to their validity. This requirement of consent applies in any case, for example even if SPATHA starts providing the services without reservation, knowing the terms and conditions of the customer.

§ 2 SPATHA services / cooperation of the customer

(1) SPATHA provides standardized or individual, online-based advisory and coaching services for the customer, depending on the booking. Unless expressly agreed otherwise in writing, SPATHA does not owe the performance of a work. In particular, SPATHA is not responsible for whether the customer achieves his personal goals as a result of the advice or whether he can actually make a positive change in life.

(3) The customer must always carry out the cooperation activities incumbent on him in full and in a timely manner. If the customer fails to cooperate and thus prevents SPATHA from providing the service, SPATHA's claim for remuneration remains unaffected.

(4) With regard to the services to be provided by SPATHA to the customer, SPATHA has the right to determine the performance in accordance with Section 315 of the German Civil Code (BGB).

§ 3 Conclusion of contracts

If the contract is concluded via the SPATHA website, the customer submits an offer to conclude a contract with the order, which SPATHA must accept.

§ 4 Payments, Prices, Conditions

(1) The prices specified and communicated by SPATHA are binding. The prices communicated include the applicable statutory sales tax.

(2) The remuneration for the services of SPATHA is generally due upon conclusion of the contract after receipt of the invoice, unless the offer from SPATHA is different.

(3) A (SEPA) direct debit authorization issued to SPATHA also applies to further business relationships until revoked.

(4) If the SEPA direct debit is agreed between the parties as the payment method, the customer must give SPATHA a written SEPA direct debit mandate after the contract has been concluded.

The following sample is to be used by the customer:

Johannes R. Dümler, SPATHA, Fürstenrieder Str. 279a, D-81377 Munich and his agents are authorized to make recurring, due payments from my account IBAN: ……………………………………………………… .. (please enter)

collect via SEPA core direct debit. At the same time, I instruct my bank to redeem the direct debits drawn on my account by Johannes Dümler, Fürstenrieder Str. 279a, D-81377 Munich and their vicarious agents. I can request reimbursement of the debited amount within eight weeks starting with the debit date. The terms and conditions agreed with my bank for payments by direct debit in the SEPA core direct debit procedure apply.

First name and surname of the account holder: ………………………………………… ..

Street and house number of the account holder: ………………………………………… ..

Post code and place of credit institution (name and BIC): ………………………………………

IBAN: ………………………………………… ..

…………………………………………………………… ...

Place, date and signature of the account holder

-----

(5) SPATHA will issue the customer with a proper invoice showing sales tax.

(6) In the event that agreed direct debits cannot be withdrawn from the customer's account and a reversal occurs, the customer is obliged to transfer the amount owed to SPATHA within three working days of the reversal and the costs caused by the reversal to the bank to take over.

(7) Offsetting with counterclaims is only mutually permissible if the other contractual partner has recognized the offsetting or if it has been legally established. The same applies to the exercise of a right of retention by a contracting party.

(8) SPATHA is also entitled to collect due claims from service providers (Elopage, Copecart, PayPal, etc.).

§ 5 right of withdrawal

(1) Consumers have a statutory right of revocation when concluding a distance selling transaction and for contracts concluded outside of business premises, about which SPATHA instructs in accordance with the following paragraphs 2 and 3:

(2) In the case of services, especially consulting and coaching services, the following cancellation policy applies:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us (Johannes Duemler, SPATHA, Fürstenrieder Str. 279a, D-81377 Munich, e-mail: support@spatha.de) by means of a clear declaration (e.g. with the Post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the portion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract.

(3) In the case of the purchase of goods, the following cancellation policy applies:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

(4) You can use the following sample withdrawal form to withdraw your consent, but this is not mandatory:

Model withdrawal form

(If you want to cancel the contract, please fill out this form

and send it back.)

- At

Johannes Dümler

SPATHA

Fürstenrieder Str. 279a

D-81377 Munich

Email: Email: support@spatha.de -

I / we (*) hereby revoke the contract concluded by me / us (*)

about providing the following

Service (*)

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

Signature of the consumer (s) (only if this is communicated on paper)

- date

(*) Delete where inapplicable

§ 6 Default / Withdrawal

(1) Deadlines for the provision of services by SPATHA do not begin before, as agreed, the data necessary for the services are available at SPATHA in full or the necessary cooperation activities have been carried out in full.

(2) If the customer is in arrears with due payments, SPATHA reserves the right not to carry out further services until the outstanding amount has been settled.

(3) If the customer is in arrears with at least two payments due to SPATHA in the case of payment in installments, SPATHA is entitled to extraordinary termination of the contract and to discontinue the services. SPATHA will assert the entire remuneration, which is due by the next regular termination date, as compensation.

§ 7 fulfillment

(1) SPATHA will perform the agreed services in accordance with the offer with the necessary care. SPATHA is entitled to use the help of third parties for this.

(2) The customer is aware that, unless otherwise explicitly agreed in writing, SPATHA owes the provision of services and not the production of a work. At the customer's request, SPATHA will provide information about the services provided under the contract within a reasonable period of time.

(3) If SPATHA is prevented from providing the agreed services and the reasons for the hindrance originate from the sphere of the customer, SPATHA's claim for remuneration remains unaffected.

§ 8 Behavior and Consideration

(1) SPATHA is entitled to temporarily or permanently exclude the customer from participating in communities and groups should the customer violate or impair the interests of SPATHA within the group / community (e.g. through statements that are harmful to the business, untrue statements, criminal acts).

§ 9 Third Party Property Rights

The customer guarantees that work materials (e.g. photos) provided to SPATHA are free of third-party rights or that the permits required for the purposes of the main contract are available. In this respect, the customer releases SPATHA from any claims made by third parties upon first request.

§ 10 rights of use

(1) The event documents created and made available by SPATHA are subject to copyright protection. With full payment of the owed remuneration, the client receives a non-transferable, simple, spatially and temporally unlimited right to use the documents provided for his own purposes in relation to the performance and work results created and made available by SPATHA. The transfer of the work and performance results to third parties (including affiliated companies) is excluded.

(2) As long as work results are not completed, the corresponding partial results count as work results.

§ 11 liability

(1) Services provided at SPATHA are provided with the greatest care and in compliance with the highest health criteria. However, they are expressly not a substitute for medical, medical or therapeutic advice and / or treatment.

(2) The use of our services, products or events does not release the customer from the responsibility to have his own state of health adequately checked by a medical, medical or therapeutic authority.

(3) By making use of the services, the customer assures that he has adequately checked his state of health by a doctor or that he will refrain from doing so at his own risk.

(4) In the case of intent and gross negligence, SPATHA is liable in accordance with the statutory provisions.

(5) In the case of simple negligence, SPATHA is only liable if the breach of an essential contractual obligation is involved. In this case, SPATHA's liability is limited to the foreseeable, contract-typical damage. An essential contractual obligation is an obligation, the fulfillment of which enables the proper execution of a contract in the first place and which the other party can regularly rely on to be observed.

(3) Claims for damages in the event of injury to life, limb or health remain unaffected by the above limitations of liability.

(4) The above limitations of liability also apply in favor of employees and vicarious agents of SPATHA.

§12 events

(1) An event requires a minimum number of participants, which is announced to the customer in good time. SPATHA can cancel the event no later than the 7th day before the agreed start of the event if the specified minimum number of participants is not reached. An alternative date will then be announced for this. If the customer cannot take advantage of this, he is entitled to withdraw from the contract. In this case, payments made will be reimbursed immediately, even if the event is canceled.

(2) Due to the absence of a lecturer or the rented venue or force majeure (such as natural disasters, strikes) and similar reasons, the course of the event may deviate from the specified structure (in particular in terms of location and time) or the event may be finally canceled. In this case you will be informed immediately. If an event date has to be postponed, the customer will be informed immediately. If the customer cannot take advantage of this, he is entitled to withdraw from the contract. In this case, payments made will be reimbursed immediately, even if the event is canceled.

(3) Withdrawal from the contract and cancellation costs for events: The customer has the right to withdraw from participation in the event free of charge up to 14 days after the conclusion of the contract. At a later point in time, SPATHA can demand appropriate compensation in the amount of up to 100% of the payments made or agreed for the event. SPATHA reserves the right to provide evidence and assert any further damage. The customer is entitled to prove that the damage was not incurred at all or was significantly lower than the above flat rates. If there is a claim, the payments made for the event will be immediately reimbursed in the corresponding amount in the event of withdrawal.

(4) Withdrawal in the event of illness, etc.: In the event of an obstacle through no fault of their own (such as illness, accident, death in the family) and providing appropriate evidence, the customer can cancel participation at any time in writing. Participation in one of the alternative dates is then made possible. A complete withdrawal is only possible, however, if no participation in another date is possible within 12 months of the original event date due to the obstacle through no fault of our own.

(5) Transfer of the event ticket: The event ticket can also be transferred to a suitable substitute participant, but only with prior consent from SPATHA.

(7) Unused services: If the customer does not make use of individual services that were properly offered to him for reasons attributable to him (e.g. due to leaving the event prematurely), he is not entitled to a proportionate reimbursement of the price.

(8) Event costs: Unless otherwise stated in writing, a flat-rate conference fee will be charged for participation regardless of the place of overnight stay. This conference flat rate, as well as costs for accommodation and other costs such as travel expenses, are not included in the payments made or agreed for the event. The conference flat rate is paid directly at the venue.

§ 13 Choice of law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law

(2) The place of jurisdiction is Rosenheim if the customer is a merchant, a legal entity under public law or a special fund under public law.

§ 14 final provisions

(1) Deviations from these terms and conditions are only effective if they have been agreed in writing (§ 126 BGB). This also applies to changes to this written form requirement. Individual agreements made with the customer in individual cases, including side agreements, additions and changes) always take precedence over these General Terms and Conditions. A written contract or written confirmation from SPATHA is authoritative for the content of such agreements.

(2) Should any provision of this contract be or become void in whole or in part, or should a loophole in this contract emerge, this shall not affect the validity of the remaining provisions. Instead of the void provision or to fill the gap, the effective provision shall be deemed to have been agreed which, in legal and economic terms, comes closest to what the parties wanted or would have wanted according to the meaning and purpose of this contract, if they considered this point when concluding the contract would have.

Terms and Conditions as of October 23, 2020