§ 1 General, clientele, contractual language
(1) All offers and services based on bookings made by my customers (hereinafter Customers) via my internet presence at https://www.tanjabarth.com (hereinafter “Online Presence”) are subject to these General Terms and Conditions.
(2) Information about me can be found here in the imprint.
(3) The range of services offered by my online presence is aimed equally at consumers and entrepreneurs.
For purposes of these Terms and Conditions,
(a) a consumer is any natural person who enters into the contract for a purpose which can be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB) and
(b) an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity (Section 14 (1) BGB).
(4) The customer’s terms and conditions shall not apply, even if we do not separately object to their application in individual cases.
(5) The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Conclusion of contract
(1) I specialize in facilitation and coaching services in the form of online and face-to-face courses, online programs, private online and face-to-face sessions, etc., consisting of the conception, preparation and the technical execution of the respective event as well as the preparation of the documentation (if required).
My service offers
a) Conduct live classroom courses & events
b) Implementation of online courses lasting several days
c) Implementation of online programs lasting several months
d) Implementation of membership programs
e) Download digital products (in Mp4, Mp3 and PDF format)
f) Conduct private sessions and personal coaching programs as online events.
on my online presence are made, unless they expressly state otherwise, subject to change and non-binding, unless the offer is designated in writing as binding.
Customers can book my services and/or download digital products via my online presence or by e-mail at info@tanjabarth.com, and have the option of opening a customer account.
By clicking the “Order with obligation to pay” button in the last step of the booking process, you make a binding offer to book my service. Immediately after sending the booking, you will receive a booking confirmation, which represents the acceptance of your contract offer, so that a contract between you and me is concluded.
A claim to access the purchased digital product exists only after payment has been made. After payment by the customer, the digital product will be activated by me so that the customer can use the product.
I expressly point out that I do not guarantee or owe the occurrence of a certain success for the coachings carried out by me and do not assume any liability here.
(2) The scope of the order and its processing shall be determined exclusively by the service booked by the Customer.
(3) The contractual provisions with details of the agreed services including these General Terms and Conditions and the cancellation policy will be sent to the customer by e-mail with the acceptance of the contract offer or with the notification thereof. A storage of the contract provisions by me does not take place.
(4) Every customer who is a consumer is entitled to revoke the offer in accordance with the special revocation instructions, which will be communicated to him in the context of the order on my website (cf. on the right of revocation § 6).
§ 3 Contract duration, cancellation
(1) The duration of the contract as well as the time of performance result from the specific agreements between me and the customer.
(2) The customer is entitled to cancel the booked service, with the exception of downloads of digital products. In this case, I demand an appropriate compensation. I lump sum my claim for compensation as follows:
a) Cancellation 30 to 15 days prior to contractually agreed service provision: 50% of the contractually agreed remuneration;
b) Cancellation 14 days to 1 day before contractually agreed service provision: 100 % of the contractually agreed remuneration,
if the customer does not expressly prove that we have not incurred any damage at all or that the damage is significantly lower than the compensation lump sum.
Cancellations up to 30 days before the contractually agreed service provision are free of charge.
(3) If I do not see myself in a position to carry out an order at short notice and cannot provide the service booked by the customer, I will inform the customer of this and offer a prompt alternative date.
If no agreement is reached between me and the customer, the customer is entitled to withdraw from the contract and he will be refunded any payments already made.
(4) The right to terminate the contract for good cause shall remain unaffected.
§ 4 Opening of a customer account
1) You can open an account on my online presence. A claim to the opening of an account does not exist. I am entitled to reject opening requests without giving reasons.
(2) The customer is only allowed to register if he is of full age and has unlimited legal capacity. Minors are prohibited from registering. In the case of a legal entity, the registration must be made by a natural person with unlimited legal capacity and the right to represent the entity.
(3) The contact details and other information requested by me during the registration process must be provided by the customer completely and correctly. When registering a legal entity, the natural person authorized to represent the entity must also be indicated.
If the customer wants to cancel the registration process completely, he can simply close his browser window. Otherwise, the declaration about opening the account becomes binding for the customer.
(4) After the customer has provided all the requested data, I will check it for completeness and plausibility. If the information is correct from my point of view and if there are no other concerns, I will activate the access requested by the customer and notify him of this by e-mail. The e-mail shall be deemed to be acceptance of the customer’s application to open access. From receipt of the e-mail, the customer is entitled to use his account within the scope of these General Terms and Conditions. For this purpose, the customer must confirm his activation in advance by clicking on the link contained in the e-mail.
(5) During the registration process, the customer is asked to provide a user name and password. With these data, the customer can log in after the activation of his access and his confirmation according to (4) of my online presence. It is the customer’s responsibility to ensure that the username does not violate the rights of third parties, in particular no name or trademark rights and does not offend common decency.
The access data including the password must be kept secret by the customer and must not be made accessible to unauthorized third parties.
It is also the customer’s responsibility to ensure that the account is only accessed by the customer himself or by a person authorized by him. If it is feared that unauthorized third parties have gained or will gain knowledge of the customer’s access data, I must be informed immediately.
The customer is liable for any use and/or other activity carried out under his access data in accordance with the statutory provisions.
(6) The customer is obliged to keep his data (including his contact data) up to date. If a change in the data provided occurs during the duration of the customer’s registration, the customer must correct the information immediately on the online presence in his personal settings. If the customer does not succeed in doing so, please inform me of his changed data immediately by e-mail or fax.
(7) The registration of my online presence is free of charge.
§ 5 Disability / Force Majeure
(1) If I see myself hindered in the execution of an order by circumstances of any kind, I will inform the customer of this in writing in good time. If I am not responsible for the impeding circumstances, the contracting parties shall agree on an appropriate postponement of the agreed service. If the timely, written notification is omitted, I can not later invoke these circumstances.
If no agreement is reached between me and the customer, the customer is entitled to withdraw from the contract and he will be refunded any payments already made.
(2) In cases of force majeure, the contracting party affected thereby shall be released from the obligation to perform for the duration and to the extent of the effect.
Force majeure is any event beyond the control of the respective contracting party that prevents it from fulfilling its obligations in whole or in part, including fire damage, floods, strikes and lawful lockouts as well as operational disruptions or official decrees for which it is not responsible.
The affected Party shall promptly notify the other Party of the occurrence and cessation of the Force Majeure and shall use its best efforts to remedy and limit the effects of the Force Majeure to the extent possible.
In the event of force majeure, the contracting parties shall agree on the further procedure and determine whether, after its termination, the services not performed during this period shall be subsequently delivered. Notwithstanding the above, each Contracting Party shall be entitled to withdraw from the orders affected thereby if the Force Majeure lasts for more than four weeks from the agreed date of performance. The right of each contracting party to terminate the contract for good cause in the event of force majeure lasting for a longer period shall remain unaffected.
§ 6 Prices, Terms of Payment, Prohibition of Offsetting
(1) The current prices stated in advertisements and/or on my website shall apply. All prices are in Euro and are total prices plus the respective statutory VAT.
(2) I accept the following payment method:
- Bank transfer to my account,
- via my payment service provider PayPal.
I reserve the right to exclude certain payment methods. All receivables are due after booking the service and are due without deduction no later than 14 days before the provision of our service.
(3) In the event that the Customer fails to make payment when due, the outstanding amounts shall bear interest from the due date at 5% points above the prime rate; if the Customer is an entrepreneur, the outstanding amounts shall bear interest from the due date at 9% points above the prime rate. The assertion of higher interest and further damages in the event of default remains unaffected.
(4) Offsetting against counterclaims of the Customer or the retention of payments due to such claims shall only be permissible to the extent that the counterclaims are undisputed or have become res judicata or arise from the same order under which the relevant service was rendered.
§ 7 Right of Withdrawal
1. Right of Withdrawal (service)
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the con-tract.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract:
Böblinger Straße 43,
70199 Stuttgart,
Phone/fax: .: +49 (0) 711 5089930
E-mail: info@tanjabarth.com
You can use the attached sample cancellation form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Special notes
The right of withdrawal shall also expire in the case of a contract for the provision of services if the trader has provided the service in full and has only started to provide the service after the consumer has
• has expressly consented to the Contractor commencing performance of the contract before the expiry of the withdrawal period, and
• has confirmed his knowledge that by his consent he loses his right of withdrawal at the beginning of the execution of the contract.
End of the cancellation policy
2. Right of withdrawal (digital content)
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract:
Böblinger Straße 43,
70199 Stuttgart,
Phone/fax: .: +49 (0) 711 5089930
E-mail: info@tanjabarth.com
You can use the attached sample cancellation form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Special notes
The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has begun performance of the contract after the consumer has
a) has expressly consented to the Contractor commencing performance of the contract before the expiry of the withdrawal period, and
b) has confirmed his knowledge that by his consent he loses his right of withdrawal at the beginning of the execution of the contract.
End of the cancellation policy
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
– To Tanja Barth, Böblinger Straße 43, 70199 Stuttgart, e-mail: info@tanjabarth.com
– I/we (°) hereby revoke the contract concluded by me/us (°) for the purchase of the following goods (°)/the provision of the following service (°)
– Ordered on (°)/received on (°)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of notification on paper)
– Date
(°) Delete as applicable.
§ 8 Copyright, granting of rights
(1) I am the owner of the copyrights and other industrial property rights to the services mentioned in § 2 (1) (online courses with documentation, etc.) as well as to the digital content provided by me and reserve all rights unless these have been expressly granted to the customer in these General Terms and Conditions.
For the term of the contract, I grant the customer the simple right to use the booked services or the purchased digital products according to my specifications.
In particular, the customer is prohibited from reproducing or otherwise transforming the online courses in whole or in part, from granting sublicenses to third parties, or from publicly reproducing the online courses by wire or wireless means, including making them publicly available in such a way that members of the public can access them from locations and at times of their choosing.
The right of use is not transferable to other persons.
Pursuant to Section 158 (1) of the German Civil Code (BGB), the granting of rights shall only become effective when the customer has fully provided or paid the remuneration or price owed pursuant to Section 6 of these General Terms and Conditions. I may provisionally permit use of the subject matter of the contract even before this point in time. A transfer of rights according to this paragraph does not take place by such a provisional permission.
§ 9 Secrecy
I undertake to keep secret all information and documents to which I have access in connection with the conclusion of the contract and which are designated as confidential or which are clearly recognizable as business or trade secrets of the customer according to other circumstances, and to neither record nor pass on nor utilize them – unless required to achieve the purpose of the contract.
§ 10 Access to digital products
Digital products are provided to the customer exclusively in electronic form by activation.
The customer receives the access data to the digital product by e-mail after payment has been made.
§ 11 Limitation of liability
(1) I am only liable for damages caused intentionally or by gross negligence or in case of culpable violation of an essential contractual main obligation or cardinal obligation or in case of non-fulfillment of a guarantee or if a defect was fraudulently concealed by me.
A “cardinal obligation” in the sense of this provision is an obligation of mine, the fulfillment of which makes the proper execution of the contractual relationship between the parties possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which the customer regularly relies on.
(2) In the event of a breach of a material contractual main obligation or cardinal obligation due to simple negligence, my liability shall be limited to the typically foreseeable damage.
(3) Any further liability on my part is excluded. The above exclusions of liability do not apply in the event of culpable injury to life, limb and health. Liability under the German Product Liability Act remains unaffected by these Terms and Conditions.
(4) The above limitations of liability shall also apply in favor of any legal representatives and vicarious agents that I may have involved.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, I am not liable for the constant and uninterrupted availability of our online presence.
§ 12 Data protection
(1) It is part of my quality standards to deal responsibly with the personal data of customers (these data are hereinafter referred to as “personal data”). The personal data resulting from the contractual relationship will therefore only be collected, stored and processed by me to the extent necessary for the contractual performance of services and permitted by law, or ordered by law. I will treat the personal data of the customers confidentially as well as according to the regulations of the valid data protection right and will not pass them on to third parties.
(2) In addition, I use personal data of the customers only if the customer has expressly consented to this. A consent given by the customer can be revoked at any time.
(3) The customer is aware that for the implementation of pre-contractual measures and fulfillment of the contractual relationship, the collection, processing and use on the basis of Art. 6 paragraph 1 lit. b) DSGVO, among other things, of his name, consumer or entrepreneur status, address, date of birth and bank details are required.
(4) I will comply with the relevant statutory provisions, in particular the General Data Protection Regulation (DSGVO), with regard to personal data of the customer.
(5) For the rest, I refer to my privacy policy.
§ 13 Final provisions
(1) Unless otherwise expressly stated in these General Terms and Conditions, all declarations shall be made in writing or by e-mail. My e-mail address is: info@tanjabarth.com. My postal address is: Tanja Barth, Böblinger Straße 43, 70199 Stuttgart. Contact details are subject to change. In case of such a change I will inform the customer about this.
(2) The contract existing between me and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law provisions. However, if the customer is a consumer and has his habitual residence in another country, he shall retain protection under the relevant provisions of the country of residence, which may not be deviated from by agreement.
(3) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Stuttgart shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, I or the customer may bring an action before any court having jurisdiction based on statutory provisions.
(4) I would like to point out that as a consumer you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013 in addition to the ordinary legal process. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr.
My e-mail address is: info@tanjabarth.com. I point out according to § 36 VSBG that I am not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(5) Should any provision of these General Terms and Conditions be or become invalid, the legal validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic purpose intended by the parties.