GTC / FIG
General terms and conditions of the company Sophia Lienau
§1 Applicability to entrepreneurs and definitions of terms
(1) The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).
§2 Formation of a contract, storage of the text of the contract
(1) The following regulations on the conclusion of a contract apply to orders via the website
https://www.sophalienau.com/ .
(2) If the contract is concluded, the contract comes with it
Sophia Lienau
Sophia Lienau
Krokusstr. 24
D-80689 Munich
conditions.
(3) The presentation of the goods (consultation and courses) on the homepage does not constitute a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods (consultation and courses). By ordering the desired goods (consultation and courses), the consumer makes a binding offer to conclude a purchase contract.
The offer is accepted in writing or in text form or by sending the ordered goods within one week. If the deadline has expired without result, the offer is deemed to have been rejected.
(4) When an order is received in our online shop, the following regulations apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the button "To booking"
3) Checking the information in the shopping cart
4) Pressing the "Checkout" button
5) Registration in the online shop after registering and entering the registration details (e-mail address and password)
6) Re-examination or correction of the entered data
7) Binding dispatch of the order by clicking the button "Pay now"
Before the binding submission of the order, the consumer can return to the website on which the customer’s details are recorded and correct input errors or cancel the ordering process by closing the internet browser by pressing the “back” button in the internet browser he is using after checking his information. We confirm receipt of the order immediately by an automatically generated email (confirmation of receipt). This does not constitute acceptance of the offer. The offer is accepted in writing, in text form or by sending the ordered goods within one week.
(5) Storage of the text of the contract for orders via our Internet shop: We will send you the order data by e-mail. You can view the terms and conditions at any time at https://www.sophialienau.com/agb. For security reasons, your order data is no longer accessible via the Internet.
§3 Prices, shipping costs, payment, due date
(1) The prices indicated include the statutory sales tax and other price components. In addition, there are any shipping costs. According to the small business regulation §19 paragraph 1 UStG, the invoice amount shown does not contain any sales tax.
(2) You have the option of paying in advance (bank transfer), credit card (Visa) or PayPal.
(3) If you have chosen to pay in advance, you undertake to pay the purchase price immediately after conclusion of the contract.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items we offer are ready for dispatch immediately. The delivery takes place within 5 working days at the latest. In the case of payment in advance, the period for delivery begins on the day after the payment order to the bank commissioned with the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the item sold is only transferred to the buyer when the item is handed over to the buyer, even in the case of mail-order sales.
§5 Booking offered services
(1) You can make bookings to purchase the services offered. Through our Site or our Services, we may authorize you to make appointments to use the Services we offer. When you make an appointment for any of the services we offer, you agree to be at the specified location at the scheduled time and to pay the advertised price using the agreed method of payment. If you are unable to keep the scheduled appointment, you agree to cancel that appointment no later than 24 (twenty-four) hours prior to the originally scheduled time. If you do not cancel an agreed appointment or not at least 24 (twenty-four) hours in advance, we reserve the right to demand or withhold an expense allowance of €45.
(2) We may request payment for a specific service offered. If you make a payment in our offered services, you agree that:
(i) you are responsible for reading the full listing and description of the services offered before committing to book them, and
(ii) you enter into a legally binding contract to book any offered service when you complete the booking process.
(3) You can select the services offered (courses and workshops) and available appointments that you want to book and collect them in a shopping cart by making the appropriate selection (e.g. type of services offered, quantity (if applicable), date and time of the appointment) and clicking the respective button. Individual consultations can only be booked via the contact form. To do this, either go directly to "Contact" or go to the contact form via one of the "Booking" buttons. Then fill out at least all mandatory fields and accept these terms and conditions as well as data protection. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for services offered at any time (provided that you will only be charged the amount you agreed to prior to the price change) and to correct inadvertent pricing errors with future effect.
(4) Before you click on the "Book" button, all of the services (courses and workshops) and dates you have selected will be displayed again in a booking summary, including the total price. You can then identify and correct any input errors before you issue your final, binding booking order. By clicking on the "Book with obligation to pay" button, you place a binding order for the booking of the services offered (courses and workshops) on the selected date. However, the order can only be placed and transmitted once you have accepted these conditions by clicking on the appropriate box and thus included them in your booking order.
(5) By clicking the "Send" button on the contact form, you make a request to book the services offered or individual consultations. We will then contact you to arrange an appointment. By making an appointment, the services offered or individual consultations are bindingly booked.
(6) We will then send you an automatic acknowledgment of receipt by email. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet represent our acceptance of this order.
(7) The legally binding agreement on booking the services offered is only concluded when an appointment has been made. We reserve the right not to accept your booking request. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - in which a payment transaction is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is deemed to have been concluded when you have initiated the booking process, as described above, using the "Book with obligation to pay" button.
(8) The contract can be concluded in German. After the conclusion of the contract, the contract conditions are stored with us, you then no longer have access to them.
(9) The fees for the services offered are due before the start of the service or after the individual consultation has taken place. In the event that payment for the services offered is to be made offline, you hereby agree to send payment in full prior to the scheduled time of the appointment. This does not apply to individual consultations, which are billed on an hourly basis. We reserve the right to refuse to provide any of the services offered at any time if payment has not been received.
§6 Refunds are not subject to cancellation protection
Agreed appointments for services offered may occasionally be canceled due to events beyond our control, such as natural disasters. In these cases you will receive a refund.
§7 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
§8 Applicable Law
(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
§9 Alternative Dispute Resolution
(1) The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
(2) The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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§10 Right of withdrawal of the customer as a consumer
Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must inform us
Sophia Lienau
Krokusstr. 24
D-80689 Munich
Email info@sophalienau.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to reimburse you for all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract in comparison to the total scope of the services provided for in the contract.
End of revocation
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§11 Cancellation form
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
At :
Sophia Lienau
Krokusstr. 24
D-80689 Munich
Email info@sophalienau.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)
__________________
Date
__________________
(*) Delete where not applicable.
§12 Warranty
The statutory warranty regulations apply.
§13 Contract language
As contract language german will be available exclusively.
Status of the General Terms and Conditions July 2022
Free terms and conditions created by agb.de and wix.com
General consulting conditions of the company
Sophia Lienau
Attachment-oriented family support
Krokusstr. 24
80689 Munich
info@sophalienau.com
- hereinafter referred to as "Adviser" -
preamble
The parties agree that the counseling offers are not medical treatment or medical therapies, not even within the meaning of the Heilpraktikergesetz. The consultant cannot guarantee any promises of healing or success. Counseling is a free, active and self-responsible process. The success always depends on the implementation by the client and other factors that cannot always be influenced. An appreciative attitude and treating each other with respect are basic requirements for trusting cooperation between the client and the consultant.
When making use of a counseling offer, the client declares that the child in question is regularly examined by the pediatrician. All underground examinations have been and are being carried out according to plan and there are no organic complaints. Any suspected illness was medically ruled out or treated.
Coaching or advice does not replace treatment by a doctor or therapist! If there are medical concerns, these must be clarified by the appropriate expert contacts (doctor, dentist, psychotherapeutic psychologists, psychiatrists, etc.). If the child's parents or close relatives/persons close to the child are suspected of having a mental illness and/or are currently diagnosed with a mental illness, the client should definitely inform the counselor before the next appointment.
1. Scope
1.1. These general consulting conditions apply to contracts whose subject is the development, processing and provision of decision-relevant information (advice and information) by the consultant to the client, in particular in the following areas:
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Holistic and needs-oriented sleep counseling with regard to the sleep behavior of the child/children of the client;
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Holistic and needs-oriented breastfeeding advice in relation to the client’s breastfeeding and/or weaning situation as well as breastfeeding preparation;
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Holistic and needs-oriented complementary food advice in relation to the child/children of the client;
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Holistic and needs-oriented advice in relation to formula-fed children of the client;
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partnership, motherhood, dealing with one's own children in general or in special situations, other family-related topics;
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Educational questions and questions that affect the child's everyday life, such as the child's adjustment to a facility outside the family (childminder/crèche/kindergarten/after-school care center/school).
The consultation takes place on the basis of the preparatory talks held between the parties. The Counselor will disclose the methods she uses, their workings and purposes, as well as the risks and possible outcomes at each stage of the Counselling. At the beginning of the process, the client's goals are discussed with the consultant and recorded.
1.2. This may also include employees and subcontractors of the consultant.
1.3. The client's terms and conditions only apply if they have been expressly agreed in writing and signed by both parties.
2. Subject of the contract/scope of services
2.1. The subject of the order is the agreed activity specified in the contract. Since this is an advisory activity and implementation is the responsibility of the client, no guarantee of success is given.
2.2. The consultation takes place on the basis of the preparatory talks held between the parties. At the beginning of the process, the client's goals are discussed with the consultant and recorded.
2.3. The Counselor will disclose the methods she uses, their workings and purposes, as well as the risks and possible outcomes at each stage of the Counselling. The consultation is carried out with the greatest care and always in relation to the individual needs and situation.
3. Changes in Services
The cancellation or rebooking is possible free of charge up to 24 hours before the appointment. After that, EUR 45 (forty-five) will be due as an expense allowance, since there is no possibility of replacing this appointment with another client in the short time.
4. Confidentiality/Privacy
4.1. The consultant undertakes to maintain confidentiality for an unlimited period of time, i.e. also after the end of the consulting relationship, about all personal information and matters made known to her.
4.2. The data may only be passed on to third parties who are not involved in the execution of the order with the written consent of the client (e.g. by email or post). Statutory information and reporting obligations, e.g. of a tax nature, are exempt from the confidentiality obligation.
4.3. The client allows the consultant to use the data from the sessions anonymously for scientific purposes (e.g. reference books).
5. Place and time of the consulting activity
5.1. The consultation takes place in the form of personal or telephone conversations or online via video telephony (e.g. Skype, Zoom, etc.). Consultation appointments are individually agreed between the parties in advance.
5.2. The place of performance and fulfillment is the consultant's place of residence.
6. Obligations of the client
The client has full responsibility and freedom of decision at all times regarding the course or termination of the consultation and the implementation of the impulses. The execution of the meetings or other measures always requires the consent of the client. The client is fully responsible for a healthy and suitable environment.
7. Fees/Remuneration and Terms of Payment
7.1. The counselor accounts for the services rendered at the beginning of the counseling process, but no later than after two months. Within the framework of the money-back guarantee, the customer is not obliged to pay if the customer announces this within the first 10 minutes of the first session and the session is terminated. The guarantee only refers to the payment for this individual session or one of the booked consulting offers. This guarantee is only granted once per client.
7.2. Travel costs incurred by the consultant will be charged at EUR 0.90 (ninety) per kilometer driven from the above address of the consultant.
7.3. Payment in installments is possible in individually agreed cases and only after consultation and signature of both parties.
7.4. If payment is not made, the consultant reserves the right to interrupt the consultation. In this case, the client has no right to a refund or compensation.
8. Commencement and termination of the consultancy contract
8.1. The consultancy contract begins with the sending of the working documents by e-mail as a PDF (this includes: invoice and/or questionnaire or information material). After the general counseling terms have been accepted, an initial counseling appointment will be arranged.
8.2. If the client withdraws from the consultancy contract after the information material, questionnaires, invoice, etc. has been sent, but before the first personal consultation appointment, a flat rate of EUR 20.00 (twenty) must be paid for the information material, the questionnaire, working time and processing.
8.3. The consultancy contract ends automatically after the agreed period. In this case, no further handling is required.
8.4. The consultancy contract can be terminated by either party at any time without observing a period of notice. This consultancy contract can be terminated informally, but requires written acknowledgment from the other party, e.g. by email.
8. Force Majeure
Events of force majeure that make the service significantly more difficult or temporarily impossible entitle the respective party to postpone the performance of its service for the duration of the hindrance and a reasonable start-up time. Labor disputes and similar circumstances are equivalent to force majeure insofar as they are unforeseeable, serious and through no fault of our own. The parties shall inform each other immediately of the occurrence of such circumstances.
9. Appointments, Duration of Consultation and Cancellation
9.1. The counselor offers one-on-one counseling. The usual duration of a consultation is approximately 60 minutes and a maximum of 90 minutes, unless otherwise agreed. Appointments are made as needed by email or via the website contact form.
9.2. The client has the right to cancel agreed appointments up to 24 hours in advance without incurring any fee payments for these appointments. Appointments canceled by the customer after this period will be charged at EUR 45 (forty-five).
10. Limitation of Liability
10.1. The consultant is only liable for damages for which she is responsible in the case of gross or intentional negligence based on a breach of contract or duty.
10.2. The liability of the consultant is limited to the amount of the consulting fee, if this is not legally possible, to a maximum of EUR 2,500 (two thousand five hundred) for the individual case of damage. This also applies if, exceptionally, liability towards a person other than the client should be justified.
11. Miscellaneous
11.1. Rights from the contractual relationship with the consultant may only be assigned with prior written consent.
11.2. The law of the Federal Republic of Germany applies exclusively to all claims arising from the contract.
11.3. Changes and additions to these general terms and conditions of advice or the contract must be in writing and must be expressly marked as such. They are also only effective if they are mutually confirmed. This also applies to the lifting of the writing requirement.
11.4. The place of jurisdiction for all disputes arising from the contract is the consultant's registered office, provided the order was placed by a merchant, a legal entity under public law or a special fund under public law.
11. Severability Clause / Final Provisions
12.1. Should individual provisions of these general terms and conditions of advice be or become invalid in whole or in part, this shall not affect the effectiveness of the remaining provisions of these terms and conditions of advice. The contract or the General Consultation Conditions remain in effect and a new regulation corresponding to the common goal of this regulation will be made.
12.2. If a joint agreement is not possible, the legally permissible provision that comes closest to what is intended shall take the place of the ineffective provision.
12.3. This also applies in the event of an unintentional loophole.
Status: 07/2022