TERMS AND CONDITIONS of HAVASS – LIFE Coaching Uguray Akcan
Part 1 Scope and Applicable Law
1.1 Scope
(1) The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs
Uguray Akcan
Havasscoaching & Havassacademy
Winzererstrasse 121 80797 Munich
hereinafter referred to as “I”. The legal transactions can be concluded by e-mail, contact form or via the website.
(2) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text takes precedence in the event of any differences in language use.
(3) These General Terms and Conditions apply exclusively. I do not recognize any conditions that conflict with or deviate from these GTC, unless I have expressly agreed to their validity in writing or in text form.
1.2 Applicable Law and Consumer Protection Regulations
(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN sales law applicable in Germany if:
1. a) you order as an entrepreneur,
2. b) you have your habitual residence in Germany, or
3. c) Your habitual residence is in a country that is not a member of the European Union.
(2) In the event that you are a consumer i. s.d. § 13 BGB and you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(4) The version of these GTC valid at the time of booking applies.
(5) The prices at the time of booking apply.
(6) If certain discount or special offers are advertised, these are limited in time or quantity. There is no entitlement to it.
Part 2 Formation of the contract, payment modalities, term of the contracts and vouchers
2.1 Subject matter of the contract
(1) The subject of the contract can be the following services (although the list is not exhaustive):
Individual coaching
group coaching
coaching program
online courses
(2) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
2.2 Prices, terms of payment and due dates
(1) My prices are shown as net prices plus the statutory value added tax to entrepreneurs, displayed for Germany. I report the gross amount to consumers.
(2) An invoice will always be sent to you by email in the form of a PDF document or as a link from Lexoffice. Please use your zip code to open the link. The invoice amount is due immediately upon receipt of the invoice and must be paid to me within 7 days.
(3) Access to the respective services is dependent on prior receipt of payment. As soon as I have received your payment, you are entitled to my corresponding consideration from this point in time.
(4) My member area will only be activated once the amount has been credited to my account. As a rule, you will then immediately receive your access data for the members’ area.
(5) In some cases I also offer payment in installments. The total amount may be higher compared to a full payment. I will inform you of this amount in advance. A premature termination of an agreed installment payment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the possibly increased installment payment amount) at any time before the end of the agreed time in part or in full.
(6) Interest in the agreed amount (amount paid in installments is usually higher than for a one-off payment) as well as costs for appropriate reminders are incurred for late payments, both for purchases and for installment purchases. If the internal dunning process is unsuccessful, I can hand over the open claim to a lawyer for collection. In this case, you will incur costs for the use of legal representation.
(7) If we have agreed to pay in installments and you do not pay after a written reminder and a grace period have been set, I am entitled to end the installment payment prematurely and the entire outstanding amount is then due immediately.
(8) You are not entitled to assert a right of retention against payment claims from me or to offset them; unless it is about undisputed or legal counterclaims.
(9) Wird ein von Dir erteiltes SEPA-Lastschriftmandat ohne rechtlichen Grund gekündigt, musst Du neben den Bankgebühren für Rücklastschriften, auch die anwaltliche Beratung bezahlen. Zudem kann ein solches Vorgehen auch strafrechtliche Konsequenzen nach sich ziehen.
(10) Solltest Du in Zahlungsverzug geraten oder sonst in Verzug, bin ich berechtigt, die Leistung bzw. Lieferung zu verweigern, bis alle fälligen Zahlungen geleistet sind. Ich bin weiterhin berechtigt, Leistungen zurückzuhalten, zu unterbrechen, zu verzögern oder vollständig einzustellen, ohne zum Ersatz eines etwa entstehenden Schadens verpflichtet zu sein. Diese Rechte gelten unbeschadet sonstiger vertraglich vereinbarter oder gesetzlicher Rechte und Ansprüche von mir.
2.3 Formation of the contract
2.3.1 The following applies to bookings made by email or via my contact form:
(1) In the case of coaching, the preparatory first meeting between me and you forms the basis for the consulting service. You contact me via email or the contact form.
The initial consultation lasts about 15 minutes and takes place via zoom.
(2) In the first meeting, we will clarify any questions you may have about the process, the content and the payment options, as well as whether my offer is suitable for you and your request.
(3) Then you let me know directly in a conversation or by e-mail whether you would like to work with me.
(4) Offer: I will send you a contract as a PDF file by e-mail and offer you the binding conclusion of it.
(5) Acceptance: By clicking the General Terms and Conditions button, you accept the offer and the contract is concluded.
(6) Payment by credit card, Pay Pal and instant transfer are available to you as payment options. The entire invoice amount is due immediately when the order is placed. As soon as your payment has been received, you are entitled to my corresponding consideration.
2.3.2. The following applies to bookings of my programs via a website/landing page:
(1) You can find my offers under the headings “Online Courses” and “Live Programs”.
(2) If you select the online course, you will get to its product page and find all the information, content and the price.
(3) If you have decided to purchase the online course, then click on the “Buy now” button.
(4) You will be forwarded to a contact form, which you should fill out. Information about your name and address will be requested. By clicking in the respective boxes, you give your consent to the storage and processing of your data and your consent to my terms and conditions, the right of withdrawal and the data protection declaration.
(5) After submitting the form, you will receive a confirmation of receipt from me.
(6) After I have checked the form, I will send you an order confirmation and the invoice by e-mail.
(7) Payment in advance, Paypal or credit card is available to you as a payment option. The entire invoice amount is due immediately. As soon as your payment has been received, you will be given access to the members’ area.
2.3.3 When booking through my online shop, the following applies:
(1) You can find my offers under the headings “Online Courses” and “Live Programs”.
(2) You can see directly which courses are offered. Here you can select the desired product and then get to the page of the respective product. There you will find all information, content and the price and can select them with one click.
(3) If you have decided to purchase the product, then click on the “Buy” button.
(4) You will then be taken to a STRIPE GmbH page where you can enter your e-mail address, first and last name and your address. Above you can display the shopping cart at any time and remove the selected products or change their number.
(5) The payment options available to you are PayPal/credit card/immediate payment/payment in advance/direct debit. You will receive an invoice from STRIPE .COM via email. The entire invoice amount is due immediately. As soon as your payment has been received, you will be given access to the members’ area.
PayPal: By selecting the “PayPal” payment method and confirming “Buy Now” you will be redirected to the PayPal log-in page. After successful registration, your address and account data stored with PayPal will be displayed. Payment is processed via PayPal on their terms. The service provider is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useagreement-full.
Visa or MasterCard: By clicking on “Continue with credit card” you can store your data via a secure connection and complete the order with the “Buy now” button. A connection to the respective bank will then be established.
If you select the “SOFORT” payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, you must have an online banking account with PIN/TAN procedure activated for participation in “SOFORT”, identify yourself accordingly during the payment process and confirm the payment order to “SOFORT”. . The payment transaction will be carried out immediately afterwards by “SOFORT” and your bank account will be debited. You can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
4. Payment in advance: By selecting “Payment in advance” and clicking on the “Buy now” button, you will receive an email from me with the transfer details.
5. Direct debit: You enter your account details when selecting SEPA direct debit and confirm this with the “Buy now” button.
(6) If you have a voucher code, you can now enter this as well.
(7) Before completing the order, by clicking in the respective box, you give your consent to the storage and processing of your data and your consent to the STRIPE terms and conditions and these terms and conditions, the right of withdrawal and the data protection declaration. All texts are linked there. Depending on the program, you must also agree that you waive your right of withdrawal.
(8) Finally, you click on the “Buy now” button and thus submit a binding offer. With this you offer STRIPE the conclusion of a purchase contract for the booking.
(9) Immediately after sending you will receive a confirmation email from STRIPE. At this point, a contract is formed between you and STRIPE.
2.4 Term and Termination
(1) The respective term of our contract depends on the booked coaching. As a rule, the contract ends automatically upon fulfillment. This means you have paid my entire fee and I have provided the appropriate consideration.
(2) The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on my part exists in particular if you are in arrears with payments more than 2 times, if you intentionally violate provisions of these General Terms and Conditions and/or intentionally or negligently committed prohibited actions or our relationship of trust is permanently disturbed.
Part 3 Details of the range of services and cancellation conditions
3.1 Dauer einer Beratungseinheit sowie Ort des Coachings
(1) The duration of the coaching is usually 60 minutes, up to 90 minutes
(2) There is usually 1:1 coaching and group coaching.
(3) The coaching takes place online via Zoom or, if necessary, Facebook Live in a closed group. A recording will be made available later for those participants who cannot be there live.
3.2 Scope of Services and Unused Services
(1) The scope of the product depends on the coaching program.
(2) A booked appointment must be canceled at least 48 hours before the start. Otherwise the full fee a.
(3) If you repeatedly cancel a booked appointment, no further appointment needs to be offered. This appointment then expires. The right to payment for the appointment remains. Payment for the appointment will be retained. There is no right to a refund.
(3) Since the appointments take place online, there is the possibility, especially for group appointments, to look up the recorded appointments. There is no entitlement to attend the event live. The dates will be communicated in good time so that the participants can reserve the time for them.
(4) If you cancel a booked coaching session, you are not entitled to a refund of the payments you have made, unless you present a medical certificate.
3.3 Right of withdrawal for consumers
(1) As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. Please check carefully whether you booked the product directly with me or through my third-party provider STRIPE. In the latter case, you must address your revocation to STRIPE.
(2) The cancellation period begins with the conclusion of the contract. The contract is concluded the moment you receive the confirmation e-mail of the purchase from me or STRIPE.
(3) Services such as coaching have the following special features with regard to the right of withdrawal:
If you buy the coaching program and I should start the service directly or within the 14-day cancellation period, you waive your right of cancellation.
I point this out directly in MY OFFER with the following passage: “You expressly request that I begin the service before the end of the cancellation period of 14 days. You are aware that you will lose your right of withdrawal if I provide the service in full. In the case of a proportionate service to you (as a customer) within the cancellation period, I am entitled to the consideration (payment) for the service provided – even in the event of a cancellation.
(4) Digital content / products have the following special features with regard to the right of withdrawal:
If you buy a digital product and you receive the entire content immediately after payment, you waive your right of withdrawal.
I point this out immediately BEFORE completing the order with the following passage: “I hereby waive my right of withdrawal of 14 days so that I can directly access the digital content in full.”.
(5) If the booking is canceled within 14 days and the coaching program has already started during this time, you are only entitled to a proportionate reimbursement of your costs. Services already rendered will then be deducted pro rata from the refund.
3.4 Cancellation of the coaching by Uguray Akcan
(1) I am entitled to cancel coaching (1:1 or for groups) if I fall ill at short notice and no replacement can be provided.
(2) In the aforementioned case, we will first try to find an alternative date. If this is not possible, you will get the participation fee back. Further costs, such as accommodation and travel costs that you have incurred, will not be covered.
(3) If you act in breach of contract by violating these General Terms and Conditions, I have the right to exclude you from the coaching program. This is particularly the case if you disrupt the course of the coaching program and continue to do so even after being asked to do so, or if you repeatedly fail to keep appointments that you have made (e.g. appointments). In this case, no costs will be reimbursed.
Part 4 Rights and Obligations of the Customer
4.1 Access to the Coaching Program
(1) It is a personal and non-transferrable access to the coaching program or the online courses. Goods are generally not shipped. However, as part of the “Online Havassacademy” you will receive a THANK YOU package from me. Shipping costs do not apply to this.
(2) You will receive the access data for your member area via email.
(3) You must keep the login data (user name, password, etc.) sent during registration secret and not make it accessible to unauthorized third parties.
(4) Make sure that your user data is accessed and used exclusively by you.
(5) I can block your access temporarily or permanently if there are concrete indications that you are violating these GTC and/or applicable law or if I have another legitimate, significant interest in the blocking. When deciding whether to block, I will take your legitimate interests into account appropriately.
(6) A right to access only exists after payment for the digital product has been made.
(7) If you have questions about the use of the purchased services or access does not work, you can contact my support (havassacademy@gmail.com).
4.2 Right to use the digital content or the documents from the coaching program
(1) Audio/video and PDF files, accompanying e-mails and other documents may be accessed (downloaded) and printed out by you as a customer and only for your own use. Downloading and printing files is only permitted within this framework. In this respect, as a customer, you may also have the printout made with the technical support of third parties (e.g. a copy shop). Apart from that, I reserve all rights of use to the files and documents. This means that the samples and documents and also the knowledge imparted may not be made accessible to third parties, neither free of charge nor subject to a charge. The documents are also not intended for use as a consultant.
(2) Therefore, in particular, the production of copies of files or printouts for third parties, the transfer or forwarding of files and documents to third parties or other use for purposes other than one’s own study, whether for a fee or free of charge, requires during and also after the end of the express previous written consent from me.
(3) The trademarks and logos listed on the documents enjoy protection under trademark law. As a customer, you are obliged to use the documents and files accessible to you only within the framework expressly permitted here or within the framework permitted by mandatory legal regulations without my consent and not to promote unauthorized use by third parties. This also applies after termination, revocation or termination of participation.
(4) Forms of use that are permitted due to mandatory legal provisions are of course excluded from this reservation of consent.
4.3 Collection, storage and processing of your personal data
(1) In order to carry out and process a booking, I need the following data from you:
First and Last Name
address
E-mail address
for entrepreneurs also company name and VAT ID no.
Which specific data is absolutely necessary results from the mandatory fields depending on the product.
(2) In the case of paid services, the information on the name, in particular the company name, must be correct. The same applies to the address. The invoices are created on the basis of this information. If corrections are necessary here, this can lead to additional work, which I will charge at a reasonable rate.
(3) If you change your personal information, especially if you change your email address, please send an email to Havassacademy@gmail.com.
4.4 Own provision of suitable IT infrastructure and software
As a customer, you are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software required to use my online offers (in particular web browsers and PDF programs such as Acrobat Reader®, Zoom) himself and at his own expense and risk.
4.5 General information on the coaching program by Uguray Akcan
(1) Das Coaching-Programm beruht auf Kooperation.
(2) Die Teilnahme am Coaching-Programm setzt eigenverantwortliche Lernbereitschaft voraus. Für diese Prozesse kann ich keinen bestimmten Erfolg versprechen. Ich bin hierbei lediglich Prozessbegleiter und gebe Hilfestellungen, Muster und Anleitungen. Die Umsetzung und das Treffen von Entscheidungen obliegen alleine Dir.
4.6 Know-how-Schutz und Geheimhaltung
(1) You are aware of the fact that all information that you receive during our cooperation about the way I provide my services (ideas, concepts and operating experience (know-how) developed by me) and that due to legal regulations or the nature are to be kept secret in substance, are subject to business secrets. For this reason, you undertake to protect business secrets and to maintain secrecy about the above information.
(2) Within the framework of a reference agreed in writing, you are entitled to speak/write with me about the way of working with me.
(3) The obligation to secrecy is effective beyond the end of our cooperation.
(4) The following information is not affected by confidentiality:
were already known before the confidentiality obligation,
developed independently by me
was or is publicly available when the information was received or subsequently became publicly available through no fault of your own.
(5) A reasonable contractual penalty shall be due for each violation of the confidentiality obligation.
5th part Confidentiality and liability regulations
5.1 Confidentiality of both parties
(1) I undertake to maintain secrecy about all of your confidential information for the duration and also after the end of the coaching program.
(2) You are obliged to maintain secrecy about all information to be treated as confidential, which you become aware of in the course of the cooperation, and to use this information towards third parties only with my prior written consent. This also applies to all documents that you receive from me as part of the coaching program or that you have access to.
(3) In group programs, the duty of confidentiality also applies to confidential information about the other participants that you learn about them as part of the program.
5.2 Liability for Content
(1) The files and documents I provide are samples that you have to adapt to your needs. No liability is assumed for the completeness and topicality of these samples.
(2) I reserve the right to optimize and adapt the content at any time.
5.3 Use of Subcontractors
(1) I am authorized to use subcontractors in my own name without requiring your separate consent.
(2) I have concluded a confidentiality agreement with the subcontractor.
5.4 Limitation of Liability
(1) I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you can regularly rely. In the latter case, however, I am only liable for the foreseeable, contract-typical damage. I am not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability do not apply in the event of injury to life, limb or 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 to be error-free and/or available at all times. In this respect, I am not liable for the constant and uninterrupted availability of the offer.
(3) All of the above limitations of liability also apply to my vicarious agents.
5.5 Force Majeure
(1) Force majeure occurs when an external event occurs that has no operational connection and cannot be averted even with the utmost care that could reasonably be expected. Force majeure is to be assumed in the case of natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fires, political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases and quarantine orders by authorities, countries and states .
The enumeration is not exhaustive, comparable events, such as those mentioned under paragraph 1, also fall under the concept of force majeure.
(2) The party that first learns of the event will promptly inform the other party.
(3) In the event of force majeure within the meaning of paragraph 1, we agree that the contractual services will initially be suspended for the duration of the hindrance. This means that our respective services will be discontinued for the time being. Fees already paid for consultations, events, courses etc. remain with me for this time. If you still have to make payments, you still have to make the payments for services already provided. For services that have not yet been rendered, you can pause payment for the period of the contract suspension.
After the end of the unforeseeable event, the contract is resumed.
Any further possible damage is borne by everyone.
(4) If the event lasts longer than 12 months, we are entitled to terminate the contract in text form with a notice period of 3 weeks to the end of the month.
The services already rendered by me are to be paid by you. Any fees paid in advance are to be reimbursed by me. If you have made a payment to secure a guaranteed place in one of my courses, this fee will not be refunded, as the consideration for securing you a place was provided by me and accrues regardless of whether the course takes place or not. The additional online course fee will of course be reimbursed to you. Even in the case of this termination, everyone bears further damage (e.g. hotel bookings, flight bookings, etc.) themselves.
(5) In the event that the event lasts longer than 18 months, the contract will be terminated. A final invoice will then be drawn up by me. My services and the payments you have made are listed in this statement. In the event that you still have to make payments for services already provided, these must be paid within 14 days of receipt of the final statement.
If there is a credit in your favour, this will be paid to you within 14 days after the final statement has been sent. The final invoice can be emailed as a PDF attachment. Further claims due to force majeure are excluded. Each party bears the damage incurred for itself.
Part 6 Final Provisions and Place of Jurisdiction
6.1 Amendment of these GTC
These GTC can be changed if there is a factual reason for the change. This can be, for example, changes in the law, adjustments to our offers, changes in case law or a change in the economic situation. In the event of significant changes that affect you, we will inform you in good time about the planned changes. You have a 14-day right of withdrawal after the information. After this period has expired, these new regulations have become an effective part of the contract.
6.2 Final Provisions
(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between us about the agreed content of the contract – e-mail (text form) being sufficient.
(2) If you, as a consumer, had your domicile or habitual abode in Germany when the contract was concluded and either relocated from Germany at the time I brought an action or your domicile or habitual abode is unknown at that time, the place of jurisdiction for all disputes is mine Based in Vechelde. For entrepreneurs, the place of jurisdiction for all disputes is my registered office in Vechelde.
(3) I would like to point out that, in addition to the ordinary legal channels, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. You can find details on this in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr
I do not participate in the dispute resolution process.
(4) Should individual provisions of this contract be or become invalid, the rest of the contract shall not be affected thereby. The scope of services agreed in the regulation must then be adjusted to the legally permissible extent.
Status 07/ 2021
ATTACHMENT
Annex 1:
Consumer information and cancellation policy
(1) The language available for the conclusion of the contract is exclusively German.
(2) The presentation of my services on the website does not constitute a binding offer on my part. Only when you book a service is a binding offer according to § 145 BGB. If you accept this offer, I will send you a booking confirmation by email. This concludes the contract for the booking/purchase.
(3) The prices I quote are net prices plus taxes (for Germany).
(4) The data required for the execution of the contract between you and me are stored by me and are accessible to you at any time. In this respect, I refer to the regulation of the data protection declaration on my website.
(5) As a consumer, you have a right of withdrawal in accordance with the following instructions –
RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
As a consumer, you have the right to withdraw from the contract within fourteen days without giving any reason.
You are not entitled to a right of cancellation if you expressly agreed when you made your booking/purchase that I should start performing the service before the end of the cancellation period and that this service was rendered in full. If I have partially rendered the service, you are no longer entitled to a right of withdrawal.
Beginning of the period when booking coaching programs
The cancellation period is fourteen days from the day the contract was concluded. The contract is concluded on the day on which you receive a confirmation e-mail from me after a successful booking/purchase.
To exercise your right of withdrawal, you must contact me
Uguray Akcan info@havasscoaching.com
Havassa Academy & Havas coaching
Winzererstr121
80797 Munich
or to Havassacademy@gmail.com . …
by means of a clear declaration (by e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form for this, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you revoke this contract, I have to repay all payments made that I have received from you no later than fourteen days from the day on which I received notification of your revocation of this contract. For this repayment I use the same means of payment that you used in the original transaction.
If you made the payment by bank transfer, please let me know your account details, as I can only see part of your account details on the account statement.
If you have agreed that I should start with the service before the end of the 14-day cancellation period, then you also have to pay me the consideration (fee) for these services and in this respect you have no right to a refund.
Appendix 2:
SAMPLE WITHDRAWAL TEMPLATE
Sample withdrawal form according to
Appendix 2 to Article 246a Section 1 Paragraph 2 Sentence 1 No. 1 and Section 2 Paragraph 2 No. 2 EGBGB
Uguray Akcan ( Info@havasscoaching.com)
Havasscoaching & Havassacademy
Winzererstr121
80797 Munich
or to Havasscademy@gmail.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the booking of the coaching program (description so that it can be clearly determined to which booking the revocation relates)
booked on: (*). . . . ./ . . . . .
Confirmation email received on: (*)
name of consumer(s);
address of consumer(s);
Account details for the refund
Signature of the consumer(s) (only if notified on paper);
Date
