The subsequent Terms and Conditions (“T&C”) of Elena Biedert, Parkstr. 20, 52499 Baesweiler, Germany (“Merchant”, “Trainer”, “Mama Fitness Coaching”) apply to all contracts that a Customer enters with Merchant regarding the products and services offered in the online shop of Merchant.
§2 Object of Agreement and Contract Closing
On the website www.mamafitnesscoaching.com (and www.mamafitnesscoaching.de) the Customer has the option to purchase different coaching packages and prebuilt programs (services) or buy digital and non-digital products. Object of agreement for coaching services and programs is the service included in the respective coaching package or program as displayed on the website, as well as the provisioning of the included training programs and guides.
The online coaching encompasses the creation and provision of an individually designed training and nutrition programs, which exactly reflects the individual goals of Customer. To that end, Customer has to fill out an anamnesis questionnaire at the beginning of the coaching provided by Trainer, which serves as basis for program creation. The training and nutrition plan is provided via the Mama Fitness Coaching app, which is provided for iOS and Android by Trainerize.
The prebuilt programs are not completely individualized and do not include intensive support. The Customer receives access to updated contents of the booked program every 4 weeks. However, minimal adjustments can be made every 4 weeks at the Customer’s request. The Customer must contact the Trainer via the chat function provided in the app. The program and related documents are provided via the Mama Fitness Coaching app, which is provided for iOS and Android by Trainerize.
In the context of coaching and program duration, the term month refers to a period of exactly 4 weeks.
The owed service is defined by the description of the respective coaching package or service as presented on the website of Elena Biedert / Mama Fitness Coaching.
The products and product descriptions displayed in the shop are not binding offers by Merchant. They only serve for the Customer to make a binding offer. The Customer has the possibility to make an offer through the order form integrated in the online shop. To that end, Customer needs to place the selected products in the cart and complete the subsequent electronic order process. A final offer is made by Customer by clicking the final order button, thereby making a legally binding offer on the products in the shopping cart.
Merchant can accept the offer of Customer within 7 days, by sending the Customer a written order confirmation or an order confirmation via email (relevant is the date of reception at Customer), delivering the ordered products to Customer (relevant is the date of delivery at Customer), or requesting Customer to pay after ordering. In case multiple of the preceding alternatives apply, the contract is closed when the first of said alternatives applies. If the offer is not accepted within 7 days, the offer is to be considered declined, meaning that Customer is no longer bound to the offer.
§3 Pricing and Terms of Payment
The prices displayed in the product descriptions are final prices. Additional delivery costs are displayed separately for each product.
Based on the small entrepreneur status of Merchant in accordance with § 19 UStG, the displayed prices do not include any sales tax and thus don’t account for it.
Customer has different payment options at his disposal, including PayPal and credit card. Credit card payment utilizes the third party providers PayPal or Stripe.
§4 Right of Rescission
Consumers have the principle right of rescission. Further information is presented in the dedicated rescission policy.
For effective supervision and support within the individual coaching packages, regular feedback provided by Customer is imperative. After consultation with the Customer, this takes place weekly or biweekly in the form of a telephone or video call lasting a maximum of one hour. If the Trainer does not receive feedback from the Customer, no changes are made to the training or nutrition program. In case of regular lack of communication (at least two missed feedbacks) the Trainer reserves the right to cancel the coaching contract. In this case, the purchase price minus the services already provided will be refunded. Only full months and not months that have already begun will be refunded in terms of the coaching or program duration.
Depending on the program, the Customer has the possibility to test a representative two-week trial version free of charge and without obligation in advance, provided that corresponding instructions for the request are given on the website. The Trainer is not obliged to offer a free test version for each service. This is a voluntary offer by the Trainer without any obligation to provide support. The right of rescission when purchasing a paid service following the test phase remains unaffected.
§5 Provision and Delivery Conditions
Individually created training programs and other digital products are sent to the email address provided by Customer or provided via download links after payment. If the training program is provided via the Mama Fitness Coaching app, the Customer will receive the necessary instructions and registration data to the e-mail address provided by the Customer.
Non-digital products are delivered via mail to the delivery address provided by Customer.
In case the package can not be delivered and is returned by the delivery company to Merchant, Customer has to pay for the costs of unsuccessful delivery. This does not apply if Customer effectively applies his right of rescission, if Customer can not be held accountable for the failed delivery, or if Customer was temporarily impeded to accept the service, unless Merchant has announced the service a reasonable time in advance.
§6 Reservation of Ownership and Warranty
Merchant reserves ownership of the delivered products until complete payment of the owed purchase price.
Legal warranty regulations apply in case of faulty goods.
Prerequisite for the use of the offered training and nutrition programs is a good general health condition. In case of cardiovascular and/or pulmonary diseases, as well as spinal and/or joint problems, or other health limitations, a doctor should be consulted prior to beginning a training and/or nutrition program. Similarly, diabetics and pregnant women should consult a doctor prior to beginning a training and/or nutrition program.
The training and nutrition programs as well as other contents provided by Trainer do not substitute a medical examination or treatment. The service provided by Trainer is not a medical consulting.
The usage of the provided training and nutrition programs happens at one’s own risk.
Merchant is liable for malice and gross negligence. Further, Merchant is liable for negligent breach of duties, whose fulfillment enables the proper execution of the contract, whose violation compromises the attainability of the contract goal, and in whose adherence Customer regularly trusts. In the latter case, Merchant is only liable for the predictable damages typical for the contract. Merchant is not liable for the slightly negligent violation of other than in the preceding sentences stated duties. The liability according to product liability act stays unaffected.
§9 Closing Provisions and Miscellaneous
Contract closing can only take place in English, German or Russian language.
There are no verbal or written side agreements.
Merchant rejects the inclusion of custom Terms and Conditions by Customer.
In case individual regulations of these Terms and Conditions or the closed contract are or become completely or partially invalid, the remaining contract stays otherwise effective. The invalid regulations are replaced by the legal regulations.
Between the parties only the right of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this legal choice only applies, if the granted protection is not revoked by binding regulations of the state where the consumer has his habitual residence.
Agreed place of jurisdiction for all disputes resulting from the contractual relationship between Customer and Merchant is the place of business of Merchant. Notwithstanding, Merchant has the right to file action against Customer at the legal place of jurisdiction of Customer.
Changes to these Terms and Conditions will be communicated in written form via mail, fax or email. If Customer does not object the changes within four weeks after reception of the announcement, the changes are considered acknowledged. In case of changes to the Terms and Conditions, Customer will be informed separately about the right of objection and legal consequences of silence.
In case of complaints about Merchant, Customer can at any time contact the European platform for online dispute resolution in consumer affairs: https://ec.europa.eu/consumers/odr/.
Merchant is willing to participate in an extrajudicial dispute settlement procedure of a consumer arbitration service. The competent authority is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
Last Updated: 23.07.2020
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