Conditions
§ 1 subject of the contract / conclusion of contract
(1) The provider UTE LACHNER - HAARWEISHEITEN Gießhügelstr. 12 97239 Aub (hereinafter: provider) offers coaching offers, online courses in the form of documents to the customer (hereinafter: customer or participant) via the website at https://www.haarweisheiten.de/ (hereinafter: website) and video files from the field of natural hair care, hair coaching.
(3) The contract is concluded when the booking process is completed on the website by clicking on the "Buy now" button. Before clicking on the button, the customer must accept the terms and conditions as well as the information on data protection and the right of withdrawal. By making a booking, the customer registers with access data for the website. With the access data, the customer can log into the protected area of ​​the website in order to access online content.
(4) The customer assures to be at least 18 years at the time of the conclusion of the contract.
(5) With regard to the scope of the services offered, reference is made to the respective service description on the website.
(6) The provider offers its content and courses to consumers and businesses. The customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, according to § 14 BGB, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.
(7) The contract is concluded in German. The text of the contract is saved in compliance with data protection regulations.
§2 online courses
(1) When concluding the contract for an online course, the customer receives unlimited access to the purchased online courses (consisting of video, audio and written material) during the purchased period of use. The customer has no right to an extension or update of the content, but the provider endeavors to keep it up-to-date.
(2) The content of the online course is streamed. The provider does not offer a download option.
(3) The customer is responsible for having suitable playback software ready that can reproduce the content offered on the website.
(4) The contract ends automatically when the 24-month access time to the online content has expired, without the need for termination.
(6) The right to extraordinary termination for good cause remains unaffected.
(7) The receipt of the notice of termination is decisive for the time of termination. Notice of termination can be given in writing or by email.
(8) The revocation of the online course is excluded. Reference is made to Section 9 of the General Terms and Conditions.
§ 3 copyrights of the provider
(1) The copyrights to all accessible content and documents made available remain with the provider. The customer is granted a simple right of use during the contract period (24 months). In addition, the customer may not reproduce the content, present it publicly or in any other way make it available to third parties. Furthermore, the customer is not allowed to use the content for his own further education with the intention of competing with the provider.
(2) The granting of the rights of use by the provider is subject to the condition precedent that the purchase price is paid in full.
(3) The customer is prohibited from reselling his access data or transferring them to third parties. The customer assures that he will handle the access data carefully.
(4) The provider is entitled to clearly mark his content by adding copyright notices, also in the form of digital signatures.
(5) In the event of unauthorized use of the content by the customer or a third party who has received access to the content from the customer, the customer undertakes to pay a contractual penalty to be determined by the provider at its reasonable discretion and to be reviewed by the competent court in the event of a dispute Act of infringement.
§4 remuneration and payment processing
(1) The prices stated on the website and in offers of the provider at the time of the conclusion of the contract apply. Unless otherwise stated, prices include statutory taxes.
(2) The provider reserves the right to reduce the specified prices as part of special promotions. The provider is also entitled to publish voucher codes at irregular intervals. Coupon codes cannot be combined with other discount promotions. Cash payments and subsequent redemption are excluded.
(3) Payment by the customer can be made either via PayPal, Stripe (giropay, SofortÃœberweisung, SEPA direct debit, credit card) or bank transfer (advance payment) in advance for the entire contract period. The provider bears any fees (PayPal, stripe, etc.).
§ 5 Obligations and conduct of the customer / participant
(1) The contents serve exclusively to learn the techniques shown. With regard to the suitability for brushing the hair or the scalp, each participant is responsible for the use of the content offered. The use of the online course does not replace medical or medical-like treatment. The recommendations of doctors and medical staff must be followed in any case.
(2) Before booking, the participant undertakes to consult a doctor with regard to the suitability of the hair and scalp of the participant and, if the techniques learned are transferred to his or her child (s), including the child (s).
(3) The access data for the website must be carefully stored and protected against access by third parties. The user accounts are not transferable to a third party.
(4) The participant undertakes to not disclose or misuse all data that he receives or can view from other participants via the provider, in particular not for advertising purposes to third parties. This obligation also applies in the event of non-participation, as well as during and after participation. (9) The customer data must be given truthfully. Changes are to be communicated to the provider immediately.
(5) In the event of a breach of obligations or a breach of the terms and conditions, the provider reserves the right to block access to the user account.
(6) The provider is entitled to extraordinary termination of the contract if the participant behaves contrary to the contract to the extent that the immediate cancellation of the contract is justified or if the participant does not meet a requirement for participation. If the provider terminates for this reason, the customer remains obliged to pay the total price.
§ 5a Complaints from the customer / participant
If the customer / participant is not satisfied with the services offered, the provider must be informed immediately. All complaints are examined and, if justified, resolved. The aim of the provider is always to find an amicable settlement of conflicts.
§ 6 liability
(1) Claims of the customer or the participant for damages are excluded. Excluded from this are claims for damages by the customer / participant from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or Vicarious agents are based. Essential contractual obligations are those whose fulfillment 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 the foreseeable damage typical of the contract, if this was caused simply by negligence, unless the customer / participant claims for damages resulting from injury to life, limb or health .
(3) The provider does not owe any particular success. All product types and coaching offers are neither medical nor therapeutic in nature, nor are any promises of healing made. The exercises and techniques offered in the online courses have been tried and tested many times. However, no liability can be accepted for damage that may arise from individual use.
(4) The provider is not liable if the website cannot be accessed through no fault of his own. In the event of a failure of at least one day, membership will be extended free of charge for the duration of the failure.
(5) The limitations of liability also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
§ 7 transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
§ 8 data protection
(1) The customer agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place unless this is necessary for the execution of the contract.
(2) Insofar as the customer transmits personal data from third parties, he assures that the consent of the third party has been obtained. The customer releases the provider from any claims by third parties in this regard.
(3) The rights of the customer or the person affected by the data processing arise in particular from the following standards of the GDPR:
Article 7 Paragraph 3 - Right to withdraw consent under data protection law
Article 15 - Right of access of the data subject, right to confirmation and provision of a copy of personal data
Article 16 - Right to rectification
Article 17 - Right to cancellation ("right to be forgotten")
Article 18 - Right to restriction of processing
Article 20 - Right to data portability
Article 21 - Right to object
Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling
Article 77 - Right to lodge a complaint with a supervisory authority
(4) In order to exercise their rights, the customer or the person concerned is asked to contact the provider by email or, in the event of a complaint, to the competent supervisory authority.
(5) Reference is made to the privacy policy on the provider's website.
§ 9 Dispute Settlement
(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:
https://ec.europa.eu/consumers/odr/
(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 10 place of jurisdiction and applicable law
(1) The business relationships between the provider and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) The place of jurisdiction is the registered office of the provider in Berlin, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is not known at the time the action is brought.
§ 11 Scope of the terms and conditions and changes
(1) By taking out a membership or placing an advertisement, the customer agrees to the applicable general terms and conditions.
(2) Any terms and conditions of the customer will not be accepted without written confirmation from the provider.
(3) The general terms and conditions can be changed by the provider if there are valid reasons.
§ 12 Severability Clause
Should a provision of these general terms and conditions be or become ineffective, the validity of the rest of the general terms and conditions will not be affected. The ineffective provision should be replaced by a provision which, within the framework of what is legally possible, comes closest to the will of the parties. The same applies in the event of a loophole.