Terms and Condition
1. Scope of Application
1.1 All offers, services and/or deliveries of any kind (in short "Services"), which are provided by Sophie Marie von Eichstedt (in short "SvE") in the context of the offer, the booking and the holding of the courses by SvE as well as which SvE provides under the domain "https://www.thehealthness.com" to the customer (in short the "customer" or the "consumer"), are exclusively based on these General Terms and Conditions (in short "GTC") in the respective valid version. With the acceptance or use of the services, the customer submits to these GTC in any case. Deviations from these GTC require in each individual case the explicit, prior and written consent of SvE.
2 Conclusion of Contract and Validity
2.1 The contract between SvE and the Customer comes into effect by concluding the contract via the Website. By clicking the button "order with costs" a binding offer for the conclusion of the selected product is made. The contract is concluded by accepting the offer by e-mail. An automatically generated e-mail, which merely confirms receipt of the offer, shall not be deemed to be acceptance of the offer. The customer bears the sole responsibility for correct and complete information, a functioning e-mail access.
2.2 Consumers can cancel online contracts within fourteen days from the date of receipt.
2.3 If a Consumer cancels the contract, SvE will repay all payments made by the Consumer without undue delay and no later than 14 days from the day on which SvE received the notification of cancellation. For this repayment, SvE shall use the same means of payment that the Consumer used in the original transaction, unless expressly agreed otherwise; in no case shall the Consumer be charged any fees due to this repayment.
2.4 Expiration dates are indicated in the description of each course or service on the Website. Future course prices may change, but SvE will honor your purchased course or service until the expiration date, regardless of whether there is a price increase in the meantime.
2.5 All introductory offers, promotions and discount codes are valid for one-time use per person only, unless otherwise expressly stated. SvE reserves the right to charge the full price if the Customer uses an introductory offer, promotion or discount code twice for the purchase of a single course or other service.
3. Reservation and Cancellation of a Course
3.1 In order to make a reservation, the customer must first purchase a class or other service via the website.
3.2 The booking of a specific course is a leisure service within the meaning of Section 18 (1) (10) FAGG, which is provided at a specific time or within a precisely specified period. Therefore, in principle, the customer has no statutory right of withdrawal in this case (Section 18(1)(10) FAGG).
3.3 If the customer wishes to cancel a booked place in a course or service, he may do so up to 12 hours before the relevant course or service. In this case, the course will be credited back to the Customer's account and may be used at a later time (but not more than within 14 days, otherwise the service will be time-barred), subject to the applicable expiration date for that course or service. Alternatively, the customer may already book an alternative date at the time of cancellation. The money will not be refunded in either case.
3.4 The Customer may choose between a live streamed course and a recorded course. In the latter case, the service can be accessed once within 48 hours via the link provided. If the service is not consumed within this period, the right to consume the service expires without refund.
4. Use of the Studio
4.1 Refrain from endangering and harassment. Each client shall refrain from unnecessary noise, harassment and any endangerment of other clients.
4.2 The making of photo and video recordings of the services (including the recording of the courses) as well as their dissemination is only permitted with the prior consent of SvE.
4.3 As far as it is necessary to comply with the regulations set forth in these GTC, to prevent dangers, to prevent and avert damages as well as to prevent harassment and impairment of the health of other customers, SvE and its employees can give instructions on how to behave. These instructions must be followed. Customers who do not follow these instructions may be expelled from the studio for a reasonable period of time.
5. Confirmation of Physical Fitness
5.1 The participation of a customer in the courses of the studio places high demands on the body and circulation of the customer. The Customer hereby expressly confirms that he/she has read this confirmation, is in perfect physical condition and in the best of health, is over 16 years of age and, in particular, does not suffer from any cardiovascular diseases or similar complaints that may pose a risk in connection with sports activities, and is not knowingly pregnant.
5.2 SvE is not obligated to check the mental and physical fitness of a client. The chosen type, extent and intensity of the training is the responsibility of each individual customer. The customer is obligated to always adjust the training according to the individual physical abilities and to stop the exercises in case of complaints and to consult a doctor if necessary.
6. Final Provisions
6.1 The customer must provide truthful information about personal data relevant to the contract when concluding the contract.
6.2 Disclaimer. SvE does not assume any liability for the correctness, up-to-dateness and freedom from errors of the information offered on the Website. Furthermore, SvE does not assume any liability for any links to external websites operated by third parties.
6.3 The contract is governed by Austrian law under exclusion of reference norms and the UN Convention on Contracts for the International Sale of Goods. Contractual language is German.
6.4 Declarations to be made in writing in accordance with these GTC may also be made by e-mail, unless otherwise specified.
6.5 The Customer expressly agrees that SvE processes, transfers or transmits the personal data relating to the Customer (as defined in the Data Protection Act) to the extent that this is necessary and expedient for the fulfillment of the tasks assigned to SvE or results from SvE's legal obligations. 6.6 The invalidity of one or individual provisions of these GTC or of the contractual relationship regulated by the GTC shall not affect the validity of the remaining agreement.
7. Sample Cancellation Form
If you wish to cancel the contract, please complete and return this form: TO: Sophie von Eichstedt Address: on request e-mail: info@thehealthness.com Tel: on request I/we (*) hereby cancel the contract concluded by me/us (*) for the provision of the following service (*) _________________________________________ Ordered on (*)/received on (*): _________________________________________ Name of consumer(s): _________________________________________ Address of consumer(s): _________________________________________ Signature of consumer(s) (only in case of paper communication) _________________________________________ Date _________________________________________ (*) Delete where not applicable
