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Terms and Conditions of Daniela Schmidt,

Valid from (20 September 2022)
Provider: (Daniela Schmidt)
Address:Daniela Schmidt
Paracelsusgasse 7-9
3003 Gablitz
 

Phone:+43 699 10390426
e-mail: daniela@danielaschmidt.com
Competent supervisory authority: Bezirkshauptmannschaft St. Pölten
Responsible chamber: Member of the Austrian Chamber of Commerce (WKO, WKNOE)

Table of Contents


1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Right of Withdrawal (Right of Withdrawal) for Consumers
5. Cancellations, Changes and Refunds
6. Use of service packages
7. Postponement of appointments by Daniela Schmidt
8. Limitations of Liability
9. Final Provisions
 

1 Scope


1.1 The following general terms and conditions (GTC) apply to all business relationships between Daniela Schmidt and the customer for transactions made in the online shop https://www.danielaschmidt.com/. The version valid at the time the contract is concluded is decisive.

1.2 These GTC apply exclusively. The customer agrees to the application and binding nature of these terms and conditions and the data protection declaration by clicking on the corresponding check box before completing the booking process and the associated submission of a binding contractual declaration. These terms and conditions also apply to future bookings by the customer, even if these are not expressly agreed again.

1.3 Customers within the meaning of these General Terms and Conditions are consumers. If consumers are mentioned in these general terms and conditions, these are natural and legal persons for whom the purpose of the booking cannot be attributed to a commercial, self-employed or pre-professional activity, i.e. a transaction is not part of the operation of their company.

 

2 Conclusion of Contract

 

2.1 All offers from Daniela Schmidt are non-binding; in particular, the presentation of the services in the online shop does not represent a binding offer by the Daniela Schmidt; they are merely an invitation to submit an offer.

2.2 The one-off services offered in the online shop are booked in the following steps:

-Selection of the desired service

-Login to the customer account or create a new customer account
-Appointment selection (date and time)
-Entering personal data for the booking (first name, last name, email address, optional: telephone number)
-Accept the retrievable and storable terms and conditions by clicking on the check box
-Selection of the payment method and payment (including entering the required data such as credit card number)
-Binding sending of the booking

2.3 The booking of the service packages offered in the online shop (e.g. Family Fuel Coaching, which includes four weekly coaching sessions) takes place in the following steps:

-Selection of the desired service
-Login to the customer account or create a new customer account
-Selection of a start date: From this point in time, the period begins in which the services must be used (e.g. January 1, 2022 as the start date. The services can be used in the period from January 1 to January 31, 2022 in be claimed).
-Accept the retrievable and storable terms and conditions by clicking on the check box
-Selection of the payment method and payment (including entering the required data such as credit card number)
-Binding sending of the booking

2.4 By sending the booking, the customer recognizes the pre-contractual information for consumers and the general terms and conditions as solely relevant for the legal relationship with the Daniela Schmidt.

2.5 Daniela Schmidt will immediately confirm receipt of the customer's booking ("Booking Confirmation"). This confirmation serves the customer only as proof of the successful receipt of the booking and does not in itself represent acceptance of the booking. The booking confirmation only represents a declaration of acceptance if the customer has chosen a credit card, instant transfer or another immediate payment method as the payment method or Daniela Schmidt expressly declares this in writing in the booking confirmation, e.g. by designating it as "order confirmation".

2.6 Acceptance is effected by sending an order confirmation by e-mail, whereby the time of receipt of the order confirmation by the customer is decisive. If an immediate payment method was selected, the contract is already concluded at the time of payment.

2.7 The text of the contract will in any case be saved by Daniela Schmidt and sent to the customer by e-mail together with the legally effective General Terms and Conditions after the conclusion of the contract.

 

3 Prices and terms of payment

 

3.1 The prices offered are daily prices in EURO and apply until revoked. Since Daniela Schmidt is exempt from sales tax as a small business owner in accordance with Section § (1) Z 27 UStG, the prices do not include sales tax.

VAT included (gross = net).

3.2 The customer can pay the price by credit card, instant transfer or other payment methods offered in the online shop. When paying by credit card, instant transfer or another instant payment method, the purchase price is due for payment at the same time as the booking confirmation is sent.

3.3 Invoicing by Daniela Schmidt takes place by sending an e-mail to the e-mail address provided by the customer. In the case of electronic invoice transmission, the customer is entitled to request the invoice in paper form.

3.4 Daniela Schmidt is entitled to charge 5% interest on arrears p.a., but in any case the statutory interest on arrears.

We reserve the right to assert further damages. If the customer does not pay the amount owed after setting a reasonable grace period, Daniela Schmidt has the right to withdraw from the contract and/or to demand damages instead of performance.

3.5 The customer undertakes to bear all the necessary costs associated with the collection of the claim for which he is responsible for appropriate out-of-court debt enforcement and collection measures, insofar as these are in reasonable proportion to the claim being pursued.

If the customer is in arrears, incoming payments will first be offset against the costs incurred by the collection of extrajudicial, including debt collection and legal dunning and judicial nature, against the interest accrued so far, and only then against the capital. If there are several obligations on the part of the customer towards Daniela Schmidt, the incoming payments are credited in the above-mentioned manner to those arrears that have been outstanding for the longest time.

 

4 Right of Withdrawal (Right of Withdrawal) for Consumers

 

4.1 Pursuant to Article 16 letter l of the Directive 2011/83/EU on consumer rights, which all member states in the EU have transposed into national law, there is no right of withdrawal with regard to services that are provided in connection with leisure activities, provided that a specific point in time or period of time is contractually provided for the fulfillment of the contract by the entrepreneur. In accordance with Article 6 paragraph 1 letter h of the Directive 2011/83/EU on consumer rights, Daniela Schmidt hereby informs consumer customers that there is no right of withdrawal when booking services in the online shop for which a specific point in time or period is contractually provided.

 

5 Cancellations, Changes and Refunds

 

5.1 Every appointment booking is binding. If the customer does not make full or partial use of the services offered, there is no right to reimbursement of the costs.

5.2 Cancellation free of charge is not possible. Free rebooking to another date is possible up to 24 hours before the booked date. To change your booking to another date free of charge, please contact us in writing by email at daniela@danielaschmidt.com.

5.3 The bookings are transferable to another person.

 

6 Use of service packages

 

6.1 If the customer has purchased a service package (e.g. Family Fuel Coaching, which includes four weekly coaching sessions), the services purchased can be viewed in the customer account under “My Bookings”.

6.2 The customer can use these already purchased services in a certain, predetermined period of time (booking period). To use the services, the customer can book an appointment under “My Orders” for which the service will take place.

6.3 If the customer has not used all the services from the purchased service package during the booking period, there is no right to a refund of the aliquot purchase price. The service that has not yet been used is no longer visible in the customer account when the booking period has expired.

6.4 The customer can use the open service at a later point in time, which is outside the booking period. The appointment is made exclusively by email to daniela@danielaschmidt.com. It is not possible to book an appointment in the customer account, since the open services are no longer visible in the customer account when the booking period has expired.

 

7 Postponement of appointments by Daniela Schmidt

 

7.1 Daniela Schmidt is entitled to postpone the booked appointment for important reasons (illness, accident or similar hindrances). The customer is informed of this by email.

7.2 The already paid booking of the service remains valid, a refund is excluded. A new appointment for using the service is agreed by sending an email to daniela@danielaschmidt.com

 

8 Limitations of Liability

 

8.1 Claims for damages are limited to damages caused intentionally or through gross negligence by Daniela Schmidt. claims for damages in the case of slight negligence are excluded.

The exclusion of liability does not apply to damage attributable to Daniela Schmidt resulting from bodily injury, damage to health or loss of life of the customer.

8.2 Daniela Schmidt is only liable for its own content on the website of its online shop. Insofar as links allow access to other websites, Daniela Schmidt is not responsible for the external content contained there. Daniela Schmidt does not adopt the third-party content as its own. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain the intellectual property of the company Daniela Schmidt; the customer does not receive any rights of use or exploitation whatsoever.

8.3 The customer is obliged to inform Daniela Schmidt of changes to his e-mail address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.

 

9 Final Provisions

 

9.1 The contract language is German.

9.2 Changes and additions to this contract, including ancilliary agreements, must be made in writing to be effective.

9.3 Austrian law shall apply to the exclusion of the UN Sales Convention.

For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

9.4 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.


Austria
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