(1) The following general terms and conditions apply exclusively in the version valid at the time of the order for the business relationship between Bukephalos Coaching by Silke Bude, personally liable partner: Silke Bude, represented by the managing director Silke Bude, Osnabrücker Str. 91, 32312 Lübbecke, Germany (hereinafter referred to as “provider”) and the customer. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to commercial or self-employed professional activities. On the other hand, any natural or legal person or partnership with legal capacity is termed an entrepreneur, when concluding the contract as part of their commercial or self-employed professional activity.
(1) The provider reserves the right to refuse service to anyone for any reason at any time.
(2) The customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by the provider.
(1a) The provider also offers bookings of programmes by telephone or e-mail. Should a customer contact the provider in one of these ways, he/she will receive a registration form for the relevant programme from the provider by e-mail. This registration form is linked to a certain time window within which the customer can accept the current offer of the provider by signing a binding contract. The customer hereby agrees that the information provided in this context will be integrated by the provider into the sales process as described in § 3 (2a) of these terms and conditions. After booking a programme, the full programme fee (admission fee) is due for payment within 7 days of receipt of the invoice.
(1b) The provider also offers bookings of programmes via a payment link of a 3rd party payment service provider. Links and downloadable versions of contract and terms and conditions are provided within the payment link. Any payment through the payment link turns the offer into a binding contract. The customer hereby agrees that the information provided in this context will be integrated by the provider into the sales process as described in § 3 (2b) of these terms and conditions.
(1c) The customer agrees to pay in advance prior to the programme taking place. If the customer does not pay immediately after receipt of the invoice, the customer will be informed once by e-mail of his/her delay and a final payment period will be granted. Should there not be any payment within this period the process will be handed over to a lawyer, with the legal fees of which to be paid by the customer, since those fees are a damage to the provider due to the delay caused by the customer.
(2a) The provider then sends the customer an e-mail in which the customer’s order is listed again in the form of an invoice and which the customer can print out using the “Print” function. The acceptance of the offer by the customer took place through the binding task of signing the contract as described in § 2 (1a). The contract will be included in the email or in a separate email (consisting of registration/order, terms and conditions and invoice) sent to the customer by the provider on a durable medium (e-mail) (confirmation of contract). The contract itself is stored in compliance with data protection.
(2b) The provider then sends the customer an e-mail in which the customer’s order taken via a 3rd party payment service provider is listed again in the form of an already paid invoice and which the customer can print out using the “Print” function. The acceptance of the offer by the customer took place through the binding task of having paid via the payment link as described in § 2 (1b). The contract will be included in the email or in a separate email (consisting of registration/order, terms and conditions and paid invoice) sent to the customer by the provider on a durable medium (e-mail) (confirmation of contract). The contract itself is stored in compliance with data protection.
(3) Participation in any live programmes can only be guaranteed if the customer appears on time on the day of the event.
(4) The contract is concluded in English.
(1) All prices stated on the provider’s website are exclusive of the applicable VAT.
(2) Booking confirmations of programmes are only sent by email, the customer is responsible for using a correct e-mail address and checking his/her SPAM folder regularly and, if necessary, for asking the provider about his/her booking confirmation.
(3) The customer has an obligation to pay in advance. The invoice must be paid within the period stated on the invoice. After expiration of the stated invoice deadline the customer is in arrears.
(1) The customer can make payment in advance via 3rd party providers. It is also possible to pay by bank transfer.
(2) At the explicit request of the customer, there is the possibility of asking for an agreement to pay in instalments. If payment is delayed, the total amount is due immediately.
(3) In the event of a returned direct debit, in particular due to insufficient funds in the account, the customer is responsible for settling the resulting bank charges.
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer as pertaining to injury to life, body, health or due to the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are due to an intentional or grossly negligent breach of duty by the provider, his legal representatives, or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused by simple negligence, unless it is a matter of claims for damages by the customer resulting bodily injury.
(3) The restrictions of §6 (1 and 2) also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.
(4) Special exclusion of liability: The programme participant is solely responsible for his/her decisions, measures and results in his/her life. Under no circumstances can the provider be held responsible/liable if the programme participant implements decisions, actions or work results in his life and business processes, which are based on the programme participation. The provider does not provide professional medical, psychological, legal, or financial advice.
(6) All in person event locations (worldwide) can be changed by the organizer at any time, also intercontinentally.
(1) Every effort has been made to accurately represent the provider’s programmes and the potential they hold for the customer. However, there is no guarantee that the customer will succeed or earn any money using the techniques and ideas in these coachings. The customer’s results will be determined by a number of factors over which the provider has no control, such as the customer’s level of effort and willingness to put in the work, his/her experience, skills, education and financial condition, as well as any changes within the market. By continuing to use the provider’s services, the customer agrees that the provider is not responsible for any decision the customer may make regarding any information presented or as a result of purchasing any of the provider’s services.
“If the programme cannot be held due to force majeure, in particular storms, earthquakes, floods, and/or the risk of attacks, assassinations, hostage-taking, war, unrest, civil war, revolution, terrorism, sabotage, strikes, pandemic, Bukephalos Coaching by Silke Bude is not obliged to run the programme. In this case, Bukephalos Coaching by Silke Bude assumes no liability for expenses of any kind in connection with the booking. In particular, travel or accommodation costs will not be reimbursed.”
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the provider can exercise in accordance with the legal model detailed below. The exceptions to the right of withdrawal are regulated in paragraph §9 (2a and 2b). Paragraph §9 (3) contains a sample withdrawal form.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reasons.
In order to exercise your right of cancellation, you must notify us at Bukephalos Coaching by Silke Bude, general partner: Silke Bude, represented by the managing director Silke Bude, Osnabrücker Str. 91, 32312 Lübbecke, Germany, telephone: +49 / 151 / 10306563, firstname.lastname@example.org by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to revoke the contract.
You can use the attached sample revocation form for this, but this is not mandatory.
In order to comply with the cancellation period, 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 withdraw from this contract, we will owe you all payments we have received from you, to be repaid immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract has been received by us. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged any fees for this repayment.
(2a) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings, online courses, and coaching/consulting programmes over the phone or online. If the customer requests immediate start by the provider of the aforementioned services, he/she must declare in writing that he/she waives his/her right of withdrawal. Otherwise, the programme will only commence after a two week period has passed since the binding contract has been signed.
(2b) The programme participant has no statutory or individual contractual right of withdrawal. In particular, the right of revocation does not exist for contracts pertaining to the provision of services if the contract provides for a specific date or period for the provision, § 312g II 1 No. 9 BGB. This includes the programmes of Bukephalos Coaching by Silke Bude. Every booking is therefore binding. Every order of programmes (digital or in person) is therefore binding and you are obliged to accept and pay for the programme ordered.
(3) The provider informs about the model cancellation form according to the legal regulation as follows:
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
To [Bukephalos Coaching by Silke Bude, personally liable partner: Silke Bude, represented by the managing director Silke Bude, Osnabrücker Str. 91, 32312 Lübbecke, Germany, phone: +49 / 151 / 10306563, email@example.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 consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if notification is on paper)
(*) Delete if not applicable
(1) The provider abides by a strict no-refund policy. By entering into a binding contract as described in § 3, the customer acknowledges that no one has represented to the customer that refunds are available. Even if the customer cannot participate for any reason, no refund will be provided. Bukephalos Coaching by Silke Bude considers this policy a material inducement to entering into this binding contract, and would not have done so unless this “No refunds” policy were included. If the customer initiates a chargeback, Bukephalos Coaching by Silke Bude may issue an additional $ 250 fee to the customer.
(1) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the binding contract for all purposes.
(2) These terms and conditions are effective unless and until terminated by either the customer or the provider. The customer may terminate these terms and conditions at any time by notifying the provider that the customer no longer wishes to use the provider’s services.
(3) If in the provider’s sole judgement the customer fails, or the provider suspects that the customer has failed, to comply with any term or provision of these terms and conditions, the provider also may terminate this binding contract at any time without notice and the customer will remain liable for the full amount; and/or accordingly may deny the customer access to the provider’s services (or any part thereof).
Under no circumstances will Bukephalos Coaching by Silke Bude and its team pass on your data to third parties for their advertising purposes. Bukephalos Coaching by Silke Bude complies with the statutory data protection regulations during the booking process and in particular observes GDPR in order to guarantee adequate protection of customer data.
For all current and future media, the participant irrevocably and free of charge agrees that Bukephalos Coaching by Silke Bude is entitled to create and/or duplicate imagery and/or sound recordings of customer that may be used for audio or visual content beyond the timeframe of the programme. By participating in the programme, the participant accepts that parts of the programme can be recorded by the organizer as a video and/or audio contribution or as a series of photos. The participant agrees that Bukephalos Coaching by Silke Bude and its representatives have the right and permission to take such recordings and photos, even if these include the names, faces, voices, biographical information or references of the participants and that Bukephalos Coaching by Silke Bude may use these videos and/or photos for marketing, advertising or any other purpose in any media or format, online and/or offline, now or later without compensation, or any further authorization or information of the participants. The participant is aware of this and accepts that all recordings are the property of Bukephalos Coaching by Silke Bude and that they own all exclusive rights and that the participant does not receive any compensation for the use of the recordings or photographs in which the participant appears or speaks. Bukephalos Coaching by Silke Bude owns all rights to any photograph or audio or video recordings made during any programme or event by Bukephalos Coaching by Silke Bude.
(1) Information shared in 1-on-1 coaching sessions is confidential and not shared outside the session unless mutually agreed upon and documented in writing by the provider.
(2) Confidentiality exception: If the provider is required by law to make disclosure regarding the information shared in a coaching session, or where the provider has a good faith belief that disclosure of such information is necessary to comply with the law; or to protect the provider’s rights or property; to avoid harm to the provider, customer, or a third party; or to respond to an emergency, the provider will limit disclosure to essential information.
(1) The customer will have one license to view written materials provided by the provider. The customer does not have ownership of this information, which is protected by copyright laws. The customer may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, in whole or in part, without express written consent of the provider, which it may withhold for any reason, and purchase of a license (prices start at $ 25,000.00). Failure to abide by this policy will result in termination of access to the materials and issuance of an invoice for the license fee.
(2) Bukephalos Coaching by Silke Bude protects its names! The customer is not receiving permission to use trade and service marks of the provider, including its name or the programme name or the names of any of the provider’s products or services, or any other mark owned by the provider.
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, CISG is not applicable and thus excluded. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular country in which the customer has his/her habitual residence as a consumer remain unaffected.
(2) If the customer is a merchant, a legal person, a legal person under public law or a public law entity the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is Düsseldorf, Germany.
(3) Exclusive place of jurisdiction is without exception Düsseldorf, Germany.
Status: 31 August 2022
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