Introduction

This Wix online shop for the sale of goods and services is run by my problem solver, represented by the managing directors Jasmin Hammami and managing director Bismark Kunkel, Heigenbrückener Str. 42, 63846 Laufach (hereinafter "we" or "us"), under the URL meinproblemloeser .de operated (hereinafter "online shop"). The services and goods offered by us in direct connection with the online shop are hereinafter referred to as "LS goods and services".

These general terms and conditions (hereinafter "GTC") regulate the use of the online shop for the customers concerned (hereinafter collectively "users").

The LS goods and services sold via the online shop include so-called online courses and online events (hereinafter referred to collectively as “event offer”). The event offer is always paid for and includes a program that takes place exclusively online for the users and consists of one or more dates (e.g. lectures, workshops, meditation, yoga sessions, workout, hands-on activities, exercises, Q&A's and other content, contributions, specials, Etc.). In particular, the content of the event offer is not individualized to specific users, but is aimed at an indefinite number of possible users. During the period of the event offer, users may have access to various modules, which they can complete at their own pace until the end of the relevant event offer. In addition, we may provide additional digital content that can be accessed online by the users of the relevant event offer within a certain period of time.

scope of application

The General Terms and Conditions apply in the version valid at the time of ordering LS goods and services for the entire use of the online shop and for taking advantage of the event offers, unless and to the extent that something different is explicitly regulated in the General Terms and Conditions or within the online shop. Any deviating contractual and/or terms of use of the users do not apply to the use of the online shop and participation in the event offer.

When using the online shop, additional general terms and conditions and/or data protection provisions of Wix may also apply between the customer and Wix International Limited (hereinafter "Wix"). We endeavor to link these additional general terms and conditions and/or data protection provisions accordingly on our website (www.meinproblemloeser.de), but assume no liability for their correctness, completeness, applicability and/or topicality.

Registration as a user of the event offer requires that users are at least eighteen (18) years old and actively agree to the terms and conditions and our data protection regulations (https://meinproblemloeser.de/pages/datenschutz). Persons under the age of 18 may only register as users and use the event offer if they have the prior consent of their legal representative(s). The use of the event offer is otherwise only offered for private purposes and is therefore aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch). A consumer within the meaning of Section 13 of the German Civil Code 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”.

Before completing their registration, users have the opportunity to read, print out and/or save the General Terms and Conditions again. In addition, the users agree to the terms and conditions both by registering and by using the event offer.

Order & conclusion of contract

The presentation of a range of goods and/or services in digital sales channels such as online shops, apps and e-readers (etc.) does not in itself represent a legally binding contract offer within the meaning of §§ 145 ff. BGB, but is a virtual exhibition space for the understand LS goods and services offered for sale by us. Users can place the LS goods and services in the online shop in the shopping cart without obligation and adjust, add to or cancel their purchase at any time before sending the order. A legally binding order in the sense of a contract offer for the LS goods and services in the shopping cart at the prices shown by us (and any fees shown, such as shipping costs) is only placed by users by clicking on the “Pay now” order button. The users then receive a confirmation of receipt of the order via e-mail.

All prices stated in the online shop include the statutory value-added tax. Shipping costs may be added to the stated prices. Users can find more detailed information on the amount of shipping costs in the relevant offer itself. When importing goods to countries outside of Germany, there may be export restrictions and import duties and taxes may apply, which must be borne by the users. The users themselves are responsible for the proper payment of the necessary customs duties, taxes and fees.

The following payment methods are available:

VISA, Mastercard, Maestro, American Express
PayPal
Google Pay
Apple Pay
Immediate transfer (SOFORT)
Klarna invoice
Klarna installment payment

If users choose to pay by invoice or direct debit (SEPA direct debit), the contract is only concluded as a result of an order being placed when the user receives the shipping confirmation (by email) or the shipped goods, or in the case of digital content or event Offered only after receipt of the purchase/booking confirmation and/or the relevant content or the possibility of retrieving it (by email, e.g. download link, participation code, etc.), whereby the earlier event is decisive in each case. If you select the payment method advance payment, the contract is only concluded as a result of an order being placed when the user receives the advance payment request with details of the bank details (by email). If the payment method credit card or Paypal is selected, the contract is already concluded when the order is placed by clicking on the order button, subject to availability.

If the contract is successfully concluded, users will receive an invoice by email in the form of a link to a PDF document to the email address they provided. However, if we are unable to accept the user's purchase/booking offer (e.g. because the product in question is already sold out or the maximum number of users participating in an online course has been reached, etc.), the users concerned will be informed accordingly about the unavailability of the goods and/or Service will be informed and any payments already made by you will be refunded.

event offer

An event offer is booked via our website by users selecting the respective event offer, entering their contact details (first and last name, address, email address, mobile phone number (optional)) in the corresponding input mask and purchasing access click on the "Pay now" button for the event offer. The users are then forwarded to the online shop, where the order can be completed as described above.

In order to be able to use the event offer, users must also register on our website with an account for participation (hereinafter "event account"). To register as a user of such an event account, it is mandatory to provide an email address, a password and a name of your choice (hereinafter “display name”), whereby both your own real name and fantasy names are permitted as display names. The access code received from the user to activate the relevant event offer in the event account is personalized and intended exclusively for the registered users. Passing on the access data for the event account or an event offer is prohibited without our prior express consent.

event account

We reserve the right to block or delete the display name and/or the event account at any time, especially if the display name (i) expresses offensive, insulting, inflammatory, discriminatory, pornographic, sexist, extremist or similar content/tendencies come, (ii) the protection of minors or other legal provisions and/or official requirements are violated or (iii) there is reason to assume that the rights of third parties are violated or otherwise impaired (e.g. unauthorized use of brand/company names or copyrighted works, etc.).

In principle, users are responsible for any use of their access data and their event accounts (e.g. actions and/or declarations made as part of participation in the event offer and/or other use of our website). The users shall indemnify us against all demands and claims of third parties (as well as all associated legal fees and/or court costs on the basis of RVG or GKG), which result directly or indirectly from an illegal and/or non-contractual use of the event account ( incl. access data), free on first request. This does not apply - in terms of civil law - if and to the extent that the users concerned can prove that they are not responsible for the illegal and/or non-contractual use of the event account. We hereby exclude any liability on our part towards the users due to illegal and/or non-contractual use of the event account by users and/or unauthorized third parties.

Furthermore, users are responsible for the internet costs associated with using our website, the online shop and the event account, including the costs for a mobile phone provider for mobile use. Furthermore, users have no claims or demands regarding the permanent or "perfect" availability of our website or the online shop, in particular, under certain circumstances and for reasons for which we are not responsible, technical errors, loading times, server failures, maintenance work etc. coming.

Newsletter 

If users have previously given their express consent to this, we will inform them at irregular intervals via newsletter about news and changes in connection with the LS goods and services. However, users have no legal entitlement to this effect. Further information on subscribing to and canceling the newsletter can be found in our data protection declaration (https://meinproblemloeser.de/pages/datenschutz).

Third Party Commercial Offers

Third parties may advertise their products and/or services on our website in the designated areas. Such advertising usually takes place via hyperlinks. In addition, there may be so-called "affiliate programs" where users can use a link or button to buy a product and/or service from a third party. If and insofar as users conclude contracts with these third parties on the basis of such offers from third parties, the corresponding contractual relationship is concluded exclusively between the respective third party and the users concerned and under no circumstances with us.

Content & Intellectual Property
 

In principle, users are solely responsible for all content distributed by them or via their event account on our website (hereinafter "account content") and must ensure that account content does not violate applicable law (in particular the protection of minors and the criminal law) or violate our rights or the rights of third parties (in particular copyright, ancillary copyright, trademark and personal rights).

Users are aware that account content may be made accessible to a larger or indefinite group of people via our website. Due to the technical storage and duplication possibilities of the "Internet" medium, once content has been distributed, it cannot easily be completely deleted from all sources accessible on the Internet, despite subsequent deletion. The users are aware of this scope and agree in particular that in this respect it is also possible for account content to be disseminated and/or stored by third parties beyond our website and possibly not completely reversible. In this respect, we have no obligation to prevent or reverse such storage.

The content that we may provide or make accessible or display to users as part of the use of the event offer (hereinafter "event content") is subject in particular to German law for the protection of intellectual property (e.g. copyright, ancillary copyright and trademark law). Any use and/or exploitation of the event content beyond the purpose of the event offer is strictly prohibited and always requires our prior written consent. This applies in particular - but not exclusively - to any commercial or non-commercial duplication, distribution, publication, processing, translation, storage, archiving, processing or reproduction of the event content, e.g. using data carriers, databases or other electronic media or storage media and systems (e.g. Internet, web server, etc.).

 

Interactive participation in event offer & personal rights

Within the framework of participation in the event offer (e.g. offline event or online event via video link, etc.), users may be offered the opportunity to enter into a dialogue with the coaches or even to be coached "live" during the event . In any case, such interactive participation is always voluntary and not mandatory and should only be used if and to the extent that the users concerned feel comfortable with the situation, otherwise interactive participation should be omitted or terminated. This applies in particular if audio and/or video recordings of the event are recorded (hereinafter “event recordings”).

Insofar as users have copyrights, ancillary copyrights, personal rights or other rights in connection with the recording of event recordings as a result of voluntary interactive participation in the event, they grant us and our legal successors all of these rights or the rights of use to them by agreeing to these GTC exclusively and spatially, temporally   and unlimited in terms of content in a further transferrable form. The rights of use can also be assigned to third parties as simple rights. In particular, we are exclusively entitled to use and exploit the event recordings worldwide in all media (in particular online in the form of a "video/audio-on-demand" offer) and to further license the event recordings. The interactively participating users agree that the event recordings and the underlying recording material can only be combined, edited and changed with other images, graphics, text, film, audio and audiovisual media in connection with the relevant event offer.

The interactively participating users also agree that they have no rights whatsoever to the recording material of the event recordings and that these rights are exclusively transferred to us.

The interactively participating users guarantee that they are entitled to the above granting of rights in accordance with these GTC and that our (or our licensees and/or business partners) use of the event recordings in accordance with the rights transferred to us does not violate applicable law and/or copyright or violates any other rights of third parties.

 

Right of withdrawal

If a contract between us and you as a user (hereinafter "you" or "you") has come into effect through the use of the online shop, you have the legal right to revoke this contract within fourteen (14) days without giving reasons , unless there is a contract within the meaning of § 312g Para. 2 BGB (Civil Code); in this respect, reference is made in particular to Section 312g Paragraph 2 No. 9 BGB, which expressly also includes services in connection with leisure activities if the relevant contract provides for a specific date or period for the provision (e.g. online events/online courses).

The cancellation period is (i) as a result of the conclusion of a contract for the purchase of goods, fourteen (14) days from the day on which you or a third party named by you who is not the carrier took possession of the last goods, or (ii) fourteen (14) days from the date of entering into a contract for the purchase of digital content and/or services.

In order to exercise your right of withdrawal, you must send us (for contact information see https://meinproblemloeser.de/pages/impressum) a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract , inform. Users can use the following sample withdrawal form for this, but this is not mandatory:

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)

–

To: My problem solver Jasmin Hammami & Bismark Kunkel, Heigenbrückener Str. 42, 63846 Laufach, Germany

–

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.

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 shall reimburse you for all payments that we have received from you immediately and at the latest within fourteen (14) 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. From the time of revocation, there is no longer any access to the content of the product website in the case of digital content or similar.

We may refuse repayment until we have received the goods back or you have provided us with proof that you have returned the goods, whichever is earlier. You must send back the goods or hand them over to us immediately and in any case no later than fourteen (14) days from the day on which you inform us of the cancellation of the contract. The deadline is met if you send the goods to us before the period of fourteen (14) days has expired. The return costs are to be borne by you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Liability

We are not liable for damage caused by force majeure, acts of war, terror or natural disasters or other events for which we are not responsible (e.g. strikes, lockouts, power failures, traffic disruptions, pandemics, public authority orders, etc.). enter. In addition, we are only liable in the event of a breach of any guarantee or essential contractual obligation (the fulfillment of which is necessary for the proper processing of the contract and on the observance of which users regularly rely or may rely) and within the framework of mandatory statutory regulations (e.g. Product Liability Act). For the rest, our liability is limited to intent and gross negligence and to damage resulting from injury to life, limb or health. In the event of a breach of essential contractual obligations through slight negligence on our part, the amount of liability is limited to the damage that was foreseeable at the time the contract was concluded (ie the occurrence of which can typically be expected). Insofar as our liability is excluded or limited, this also applies to our workers, employees, representatives, vicarious agents and vicarious agents. In the case of consumer contracts, the warranty period is two (2) years from the receipt of the goods by the user.

The users acknowledge and accept that the event offer is so-called "coaching", which does not constitute therapy or similar and can under no circumstances serve as a substitute for advice, therapy, analysis, health care, addiction treatment and others , professional services by specially trained people. The determination of the need for - and the use of - such services is solely at the discretion and responsibility of the users or their legal representatives, and there are no promises of salvation or other success in the provision of the event offer and our website of any kind. In particular, to the extent permitted by law, we exclude our liability for the occurrence or non-occurrence of certain events, conditions and/or developments in the lives of individual users (e.g. achievement of desired goals, personal advancement, state of happiness, etc.).

changes

We reserve the right to change the terms and conditions at any time (even without justification). If changes are made to the General Terms and Conditions that could affect the interests of users, we will inform users of this by e-mail at least two (2) weeks before the changes in question come into effect. If users (email sufficient) do not object to the validity of the new terms and conditions within two (2) weeks of receipt of our above-mentioned information email, the amended terms and conditions are deemed to have been agreed between us and the users concerned for their further use of our website and the online shop (We would like to point out the aforementioned 2-week period and its significance and scope to the users again in the information email). In the event that users object to the announced changes within the 2-week period, we reserve the right to delete the relevant event accounts (however, only after the end of any ongoing event acquired in accordance with the previous version of the GTC -Offers). If significant changes are made to the GTC, we are free to make the further use of our website and online shop by the affected users dependent on prior, express consent to the new GTC via opt-in solution.

Applicable Law

The law of the Federal Republic of Germany applies exclusively to the terms and conditions and any legal relationship between us and the respective users, excluding the regulations of international private law (IPR) and the UN Sales Convention (CISG). However, this choice of law applies to consumers only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

According to applicable law, we are also obliged to inform consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need for a court to be involved. The European Commission is responsible for setting up the platform. The European online dispute resolution platform can be found here: http://ec.europa.eu/odr. However, we would like to point out that we are neither obliged nor willing to participate in the dispute settlement procedure within the framework of the European online dispute settlement platform.

Severability Clause

Should individual provisions of the General Terms and Conditions be or become invalid or unenforceable, the validity of the General Terms and Conditions and the legal relationship concerned remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective intended by the invalid or unenforceable provision. The above provisions apply accordingly in the event of a loophole.

Status: March 2023