Terms and Conditions & Cancellation Policy
Holistic Warrior®, owner: Annette Boehmer
As of: 16.09.2019
§ 1 Scope
(1) The following terms and conditions apply to all legal transactions with Annette Boehmer, hereinafter referred to as Annette Boehmer or “I”. The legal transactions can come about in person, by phone, by e-mail or via the website (www.holisticwarrior.de) .
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
(3) The version of these Terms and Conditions valid at the time of the order applies.
(4) Prices are valid at the time of booking.
(5) If certain discount or promotional offers are advertised, these are limited in time or quantity.
§ 2 Subject of the contract and general information
Subject of the contract are the following, offered on my website or flyers, services:
- Neurocentered Personal Training
- Neuro-athletics boot camp
- Neuroathletic workshops
- Design Your.Warrior. Online membership
- Certified High Performance Coaching ™
- Personal Life Coaching
- Design.Your.Life. Seminars
- Design.Your.Life. workshops
- Design.Your.Life. Online membership
- Design Thinking Trainings, Workshops and Bootcamps
- Design.Your.Business. Coaching & Consulting
- Holistic Warrior University Continuing Education
(2) There is the possibility to arrange a free first meeting with me. The first conversation lasts about 10-15 minutes and is free of charge and without obligation. Here, the topic of cooperation and the possible procedure will be discussed, so that expectations can be clarified and a decision on further cooperation for both sides is possible.
(3) The topics and possible goals are agreed in advance via phone / Skype / Zoom or by email. I do not owe you any concrete success.
§ 3 Conclusion of the contract
(1) The subject matter of the contract is the training, coaching, seminar and consulting services offered on my website in the form of individual sessions, workshops, seminars, group trainings and group coaching, the sale of online courses and the associated training material.
(2) The offers on my website are non-binding and do not constitute a legally binding offer to conclude a contract.
(3) You can submit a binding purchase offer via the contact form on the website or make an order through the online store. You book one of the services offered by following these steps:
Booking via inquiry / contact form / e-mail
1) On my website you will find my offers.
2) You can send me an inquiry via my contact form on the website.
3) After our telephone call and the promise that you would like to use my services, I will send you an e-mail confirming the booking and the invoice together with these General Terms and Conditions. This is the acceptance of your booking offer. At that moment the contract is closed.
4) Payment can be made in advance via bank transfer or via Paypal Plus.
Orders via the online shop
1) Under the heading “Program” and under “Shop” you will find my offers.
2) You see directly what products and services are offered and you can select them with one click. For some products you still have the option of selecting different options (for example, different seminar dates or packages).
3) If you choose the product / the option, you can directly see if this offer is still available or not. If available, you can add it to the shopping cart by clicking on the button.
4) Above you can have the shopping cart displayed at any time and remove the selected products or change the number.
5) If you have all products in the shopping cart, then you click on the button Show cart. Now you can check your order again.
6) If you have a coupon code, you can enter it now as well.
7) By clicking on the button “Checkout” you will come to another page, where you will be asked for your personal data.
8) For the billing, some information is required (mandatory information with *):
– First name and name
– E-mail address
In the case of the purchase of an online membership, a freely chosen password is required to open a user account in addition to the e-mail address.
9) Here you also have the opportunity to subscribe to the newsletter (will be sent about once a month) on this page by checking the box “subscribe to the newsletter “.
10) As payment options you can use the direct bank transfer, payment by credit card or payment via PayPal Plus. If you choose the payment method PayPal, note the following: By clicking on PayPal you will be redirected to the login page of PayPal. After successful registration, your PayPal address and account information will be displayed. The payment is processed via PayPal on their terms. When paying by credit card, you must enter your credit card details in the fields provided. Your order will then be completed by clicking on the “buy now” button via a secure connection.
In addition, you must agree that you waive your right of withdrawal if the appointment takes place before the 14-day cancellation period, or should it be a digital product, which you get immediate access.
12) Finally, click on the button “Buy” to give me a binding offer. With that you offer me the conclusion of a purchase contract for the booking.
13) Immediately after sending you will receive a confirmation e-mail. That’s the contract between you and me. This is the acceptance of your booking offer. At that moment the contract is closed.
§ 4 Access to digital products via online membership
(1) The Design-Your.Life. or Design.Your.Warrior. Membership is personal (not transferable to third parties).
(2) It can be completed in the shop on the website and there again terminated.
(3) After completing the membership, you will receive the access data and the login link to the members area.
(4) You have access to the member area as long as you pay the fee due every 4 weeks. The fee is automatically collected via Paypal after every 4 weeks (28 days) and does not have to cover the calendar month.
(5) Membership can be terminated at any time online or via e-mail to email@example.com.
(6) In the event of termination of membership ends with the end of the currently paid 4-weeks section.
(7) The right of termination exists mutually.
(8) Upon termination, access to the members area and thus access to the content ceases.
§ 5 Collection, storage and processing of personal data
(1) To carry out and process a booking I need the following data from you:
– First and Last Name
– E-mail address
– Postal address (for sending the seminar documents at Design.Your.Life seminars and for issuing the formal invoice)
– Telephone number (for appointments advantageous and essential in the case of telephone coaching).
(2) I use the data provided by you without your separate consent exclusively for the fulfillment and processing of your booking / your purchase.
(3) Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of my offers requires your express consent.
(4) If you change your personal information, especially if you change your email address or phone number, please let me know by email.
§ 6 Right of Withdrawal for Consumers
(1) As a consumer, you are entitled to a right of revocation in accordance with the instructions in the Annex. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
(2) The revocation period begins with the conclusion of the contract. The contract is concluded the moment you receive the confirmation of participation by me.
You can cancel your reservation within 14 days free of charge, while the deadline for sending the appropriate form is sufficient.
(3) If the booking is canceled within 14 days and the seminar, the coaching or the training has already started during this time, only a partial reimbursement of the costs can be made. Already provided services will be deducted from the refund.
(4) In relation to the online courses you renounce your right of withdrawal, because you have right after the purchase, access to the content.
(5) In the case of cancellation, any seminar documents received must be returned.
§ 7 Delivery of the goods and shipping costs
(1) I deliver physical participant documents to delivery addresses within Germany and Austria.
(2) The shipping costs within Germany and Austria are included in the seminar fees.
(3) The delivery of seminar documents takes place no later than 5 working days before the seminar starts.
(4) For orders received before 12 noon Monday to Friday, the dispatch will take place on the next working day, provided the order day is not a public holiday.
(5) It should be noted that public holidays are not federally uniform, and the services are provided in different federal states, e.g. Bavaria. The above-mentioned special conditions for holidays therefore apply to public holidays in each of the federal states in which service providers are involved in the processing of an order.
(6) If delivery delays, I will inform you immediately.
(7) In case of unavailability of the ordered goods, I reserve the right not to deliver. In this case, I will inform you immediately and immediately refund any consideration already received.
§ 8 Payment, due date and retention of title
(1) The purchase price is due immediately with order. The payment of the goods takes place by bank transfer or by PayPal. The purchase price has to be paid in advance. Only after receipt of the payment I send you your goods.
(2) The goods remain my property until full payment.
§ 9 Warranty for purchases of goods
(1) All shipped goods are carefully assembled and checked for defects before shipment.
(2) If the goods are nevertheless defective, I will, within a reasonable period of time, be liable for supplementary performance, i. to eliminate the defects. Since my products are predominantly produced in a limited number of pieces, it can happen that a subsequent delivery of an identical product is not possible or only with a time delay. In coordination with you I send you an adequate product. If the supplementary performance chosen by you is only possible with disproportionate costs, I am entitled to make additional remissions in the other form.
(3) The period of limitation of warranty claims for the delivered goods is two years from receipt of the goods.
§ 10 Duration of a coaching session as well as compensation and location of coaching
(1) The duration of the service depends on the booked coaching service.
(2) The coaching or training can take place in groups or 1: 1, it is specified in each of the terms of reference.
(3) The remuneration is also stated for the respective product. The prices are excluding travel / travel costs.
(4) After acceptance of the offer by you, I am entitled to conclude contracts with third parties in connection with the performance to be performed. I am entitled to serve myself for the fulfillment of the contractually owed services of third parties.
(5) Unless otherwise agreed, the coaching sessions will be held in person and if there is no other information, the location will be at YogaKitchen, Comeniusstraße 1, 40545 Düsseldorf (Room 301, 3rd floor). Other options are by phone or online via Skype or Zoom.
§ 11 General information about the coachings and seminars
(1) The training, coaching and seminars I offer accompany a free, active and self-responsible process. A certain success cannot be promised and is not owed. My content can show you directions and accompany your own free choices.
(2) You are fully responsible for your physical and mental health both during the coaching / seminars and after the course. Any actions you may take as a result of the coaching / seminars are in your own area of responsibility.
§ 12 Cancellation of seminars and appointments
(1) You can withdraw from the contract before expiry of the 14-day cancellation option. The declaration of withdrawal can only be made in text form by e-mail to firstname.lastname@example.org.
(2) The cancellation costs are, depending on when your notice of cancellation is received by me:
Cancellation of training / coaching free of charge until 24 hours before the appointment, then 50% of the fee.
Seminars free of charge until 2 weeks before the appointment, then 50% of the fee.
(3) In order to avoid a cancellation fee, substitute participants may be named, or a transfer may be made to a later date.
(4) If you have booked for more than one person, these cancellation terms apply to each and every person.
(5) Up to one day before the start of the training / coaching / seminar, can appoint a substitute participant. Please inform me in this case the contact details of the person.
§ 13 Cancellation of training, coaching or seminars by Annette Boehmer
(1) I am entitled to cancel a coaching, seminar or training at short notice, due to illness or because not enough participants have registered.
(2) I am also entitled to cancel a seminar, coaching or training if the referent falls ill at short notice and no substitute can be made.
(3) I will refund the participation fee back in cases 1 and 2. I do not assume any additional costs incurred by you.
(4) If a participant behaves contrary to the contract by violating these general terms and conditions or against my house rules, I have the right to exclude him from the seminar.
This is especially the case if the participant disturbs the course of the seminar and does not refrain from it even after a request. In this case, no costs will be refunded.
§ 14 Scope of services and services not used
(1) The scope of service depends on the respective training, coaching or seminar description.
(2) If you cannot fully participate in any of the trainings, seminars or coaching sessions, reimbursement of the participation fee is excluded.
§ 15 General information for trainings, seminars and group coaching
(1) As a seminar instructor / trainer / coach I am authorized to give you instructions for the duration and during the event.
(2) You as a participant are informed of the acceptance of these terms and conditions on the following:
(3) Participation in some training, coaching or seminars involves physical activity and requires good health. In order to exclude injuries to the body and health, I try to the best of my knowledge and belief comply with my duty of care.
(4) Before any training, coaching or seminar that requires physical activity, I must be informed about health problems and any medical conditions, so that the respective participant can best be protected from harm. If there are identifiable health problems, I am entitled to exclude the participant in question from the event.
(5) Participation is at your own risk. During the entire seminar time, you are fully responsible for your health.
(6) Trainings, seminars or coaching with a share of exercise are never without residual risk. You are insured against an accident and recovery only within the scope of your own accident insurance.
(7) As a participant, you are obliged to cooperate in the event of performance disruptions within the scope of the statutory provisions, to avoid possible damages or to keep them low. In particular, I ask you to report any complaints immediately to me. If you neglect to report a defect, any claim for reduction of the participation fee will be forfeited.
§ 16 Duration of the training / coaching / seminars and their termination
(1) For the services in the context of the training / coaching, the agreed duration of the services shall apply regardless of the results achieved so far.
(2) The services end at the end of the agreed period or at the end of the booked package.
§ 17 Use only for personal and private purposes
(1) The content provided (analogue and digital teaching materials) is protected by trademark and copyright law. You may use the content as part of your purchase for your personal professional and personal use. Reproduction and distribution to third parties is not allowed.
(2) All rights based on the provided content, in particular the right of reprinting, translation, reproduction by photomechanical or similar means, storage and processing by means of electronic data processing or its distribution in computer networks remain reserved to me, even in extracts. You do not receive any ownership or exploitation rights to the content.
§ 18 Own provision of suitable IT infrastructure and software
You are a participant for the provision and guarantee of Internet access (hardware, TK connections, etc.) and the other for the use of online offers of necessary technical facilities (especially high-speed Internet) and software (especially web browser and Acrobat Reader®) itself and at your own expense and at your own risk.
§ 19 Limitation of Liability
(1) I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations whose fulfillment makes the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you as a participant can regularly rely. In the latter case, however, I am liable only for the predictable, contract-typical damage. I am not liable for the slightly negligent violation of duties other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected.
(2) According to the current state of the art, data communication via the Internet cannot be guaranteed error-free and / or available at all times. I am not responsible for the constant and uninterrupted availability of the website.
§ 20 final determination
(1) The terms and conditions set out here are complete and conclusive. Amendments and additions to these Terms and Conditions should be made in writing in order to avoid any ambiguity or dispute between the parties as to the agreed contractual content, whereby e-mail is sufficient.
(2) Insofar as you were domiciled or ordinarily resident in Germany upon conclusion of the contract and have either relocated from Germany at the time of the legal action or your place of residence or usual whereabouts is unknown at this time, the place of jurisdiction for all disputes shall be the registered office of the Company in Dusseldorf.
(3) I would point out that in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes under Regulation (EU) No 524/2013. For details see Regulation (EU) No 524/2013 and the Internet address: https://ec.europa.eu/consumers/odr
(4) Should individual provisions of this contract be ineffective, this shall not affect the remainder of the contract.
Consumer information and cancellation policy
(1) The languages available for the conclusion of the contract are German and English.
(2) The presentation of my services on the website does not constitute a binding offer on my part. Only the booking of a service by you is a binding offer according to § 145 BGB. In case of accepting this offer, I will send you a booking confirmation by e-mail. This is the contract for the booking between you and me.
(3) The prices quoted by me are final prices including taxes.
(5) As a consumer you have a right of withdrawal according to the following instructions –
Right of cancellation
As a consumer, you have the right to withdraw from the contract within fourteen days without giving a reason.
You have no right of withdrawal, if you have explicitly agreed with your booking, that the service should be started before the end of the cancellation period. You have effectively waived your right of withdrawal. We have warned you about the purchase.
Deadline for online products / bookings of courses / booking of trainings / consultations / coachings:
The revocation period is fourteen days from the date of the conclusion of the contract. The contract is concluded on the day on which you receive a confirmation email from us after successful booking.
When sending physical products: 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 product.
If we send the goods from an order in several partial deliveries then the period begins to run from the receipt of the last delivery.
To exercise your right of withdrawal, you must contact me
Oberkasseler Straße 87
Send a clear statement (such as a letter sent by post, fax or e-mail) in which you communicate your decision to withdraw from this contract. To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation:
If you revoke this Agreement, I shall reimburse you for all payments I have received from you no later than fourteen days from the date on which I received the notice of your revocation of this Agreement. For this repayment, I’ll use the same form of payment you used on the original transaction.
If you made the payment as a bank transfer, please let me know your account details, as I can only see a part of your bank account details on the bank statement.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.