Terms and conditions & right of cancellation for products, coaching, training, mentoring and vocal sound healing
General Terms and Conditions of Martina van der Veer
1 Scope of application
(1) The following general terms and conditions apply to all legal transactions with consumers and companies with
Martina van der Veer
Olijfhout 34
2994 HV-Barendrecht, The Netherlands
hereinafter referred to as Martina van der Veer or "I". Legal transactions may be concluded by telephone, e-mail, contact form or via the website.
(2) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text shall take precedence in the event of any differences in language usage.
(3) These GTC apply exclusively. Any terms and conditions used by the customer that conflict with or deviate from these GTC shall not be recognised by Martina van der Veer / Soul- and Self-Leadership with ease, unless I have expressly agreed to their validity in writing or in text form.
2 Applicable law and consumer protection regulations
(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany if
1. a) you have your habitual residence in Germany
2. b) you book a service/buy a product as an entrepreneur
or
3. c) your habitual residence is in a state which is not a member of the European Union.
(2) In the event that you are a consumer within the meaning of § 13 of the German Civil Code (BGB) and you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence that are more favourable to the consumer shall remain unaffected.
A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.
(3) Swiss substantive law shall apply exclusively to Swiss consumers. For entrepreneur customers from Switzerland, German law is agreed.
(4) The version of these GTC valid at the time of the order shall apply. You can find the status of the GTC at the end of the document.
(5) The prices apply at the time of booking a mentoring/ coaching/ counselling/ booking a course/ seminar/ workshop/ energy work or purchasing a product.
(6) If certain discount or promotional offers are advertised, these are limited in terms of time or quantity. There is no entitlement to them.
3 Subject matter of the contract and general information
(1) The subject matter of the contract is the following services:
- My 1:1 Professional Growth Mentoring
- Business coaching
- my offline in-house trainings/ workshops/sessions/coachings
- my individual Vocal Sound Healings or Energy Work
- my digital products
(2) When booking a workshop/seminar/coaching/mentoring/individual energy work/personal vocal sound healing, a preparatory initial consultation between me and you forms the basis for the service.
The initial consultation ("sorting consultation") takes place by telephone at a time agreed with you in advance, lasts approx. 15-20 minutes and is free of charge and non-binding.
During the initial consultation, we will discuss the reason for your interest in a workshop/seminar/coaching/mentoring/energy work/vocal sound healing and your expectations and goals. Together we will find out whether a collaboration is conceivable for both of us, whether our views and expectations match and how the rough content planning can be organised.
4 Conclusion of the contract
4.1 The following applies to bookings made via the Website:
(1) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
(2) Offer individual/consumer:
With the booking/order you offer me the binding conclusion of a 1:1 Mentoring / Online Group Programme / Workshop / Personal Vocal Sound Healing purchase contract.
You also declare that you have read and accepted these terms and conditions. The terms and conditions can be viewed on my website.
(3) Acceptance:
1. a) On the corresponding offer page of the respective mentoring programme/workshop/product, click on the button "Book now" or "Click here to register" and you will be redirected to a Thrivecart order form. There you can enter your e-mail address, first and last name and your address (e.g. for sending the access data for an online course platform).
b) The payment options available to you are payment by credit card or payment via PayPal.
PayPal: By selecting the payment method "PayPal" and confirming "Buy now" you will be redirected to the PayPal log-in page. After you have successfully logged in, your address and account details stored with PayPal will be displayed. The payment will be processed by PayPal according to their terms and conditions. The provider of the service is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
Visa/MasterCard: By clicking on "Continue with credit card" you can deposit your data via a secure connection and complete the order by clicking on the "Buy now" button. A connection to the respective credit institution will then be established.
Direct bank transfer) If you select the payment method "SOFORT", the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will then be carried out immediately by "SOFORT" and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
c) Before completing the order, you give your consent to the storage and processing of your data (only for booking processing, see 5) and your consent to the validity of these GTC, the right of withdrawal and the privacy policy by clicking on the respective boxes. You will find all texts linked there.
You also agree to waive your right of withdrawal for the digital content that is immediately available to you.
d) Finally, you click on the button "Buy now/complete order" and thus submit a binding offer to me. By doing so, you are offering me the conclusion of a contract of sale for the booking.
e) Immediately after sending, you will receive a confirmation email from me. At this moment the contract is closed.
4.2 When booking a Professional Growth Mentoring / Online Group Programme / Personal Vocal Sound Healing verbally or in writing by email with a preliminary discussion, the following applies:
4.2.1 Offer individual customer/consumer:
You book the 1:1 Online Mentoring/ Online Leadership Programme/ Workshop / Personal Vocal Sound Healing by going through the following steps:
1. you independently request a free preliminary talk without a request or confirm a request with the offer of a free preliminary talk on my part.
We will arrange a preliminary appointment. You will receive an appointment confirmation from me by email. In this email you will also find my current terms and conditions and a declaration of consent for the processing of your personal data.
3. the preliminary meeting takes place by telephone or via Zoom. In this preliminary meeting I will briefly introduce myself, you will describe your situation and your concerns and then I will let you know whether and how we could work together. Your details will of course only be used for the assessment of a possible mentoring/workshop/personal vocal sound healing. If no contract is concluded with you, I will delete this data immediately.
4. in our free consultation I will explain my specific offer for you. If you decide during the consultation that you want to work with me, you will receive an email after the phone call with a link to Thrivecart for the relevant product (1:1 Professional Growth Mentoring/ / Online Group Programme / Personal Vocal Sound Healing). Or you can go to the page with the relevant offer yourself. When you click on the link, you will be taken to a Thrivecart page where you can enter your email address, first and last name and your address (for billing purposes).
The payment options available to you are payment by credit card or payment via PayPal.
PayPal) By selecting the payment method "PayPal" and confirming "Buy now" you will be redirected to the PayPal log-in page. After successful login, your address and account data stored at PayPal will be displayed. The payment will be processed by PayPal according to their terms and conditions. The provider of the service is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
Visa/MasterCard) By clicking on "Continue with credit card" you can deposit your data via a secure connection and complete the order by clicking on the "Buy now" button. A connection to the respective credit institution will then be established.
Direct bank transfer) If you select the payment method "SOFORT", the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will then be carried out immediately by "SOFORT" and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
Before completing the order, you give your consent to the storage and processing of your data (only for booking processing, see 5) and your consent to my terms and conditions, the right of withdrawal and the privacy policy by clicking on the respective boxes. You will find all texts linked there.
You also agree to waive your right of withdrawal for the digital services that are immediately available to you.
Finally, you click on the button "Buy now/complete order" and thus submit a binding offer to me. By doing so, you are offering to conclude a contract of sale for the booking.
Immediately after submitting the form, you will receive a confirmation email from Thrivecart. At this moment the contract is closed.
4.2.2 Offer corporate client:
You book the Growth Mentoring/ Online Group Programme / Personal Vocal Sound Healing by going through the following steps:
You independently request a free preliminary talk without a request or confirm a request with the offer of a free preliminary talk on my part.
We will arrange a preliminary appointment. You will receive an appointment confirmation from me by email. In this email you will also find my current terms and conditions and a declaration of consent for the processing of your personal data.
2. the preliminary meeting takes place by telephone or via Zoom. In this preliminary meeting I will briefly introduce myself, you will describe your situation and your concerns and then I will let you know whether and how a collaboration between us could look like. Your details will of course only be used for the assessment of a possible mentoring / business coaching / in-house training / personal vocal sound healing. If no contract is concluded with you, I will delete this data immediately.
3. the preliminary meeting takes place by telephone or via Zoom. In this preliminary meeting I will briefly introduce myself, you will describe your situation and your concerns and then I will let you know whether and how a collaboration between us could look like. Your details will, of course, only be used for the assessment of a possible mentoring/business coaching/workshop/Pesonal Vocal Sound Healing. If no contract is concluded with you, I will delete this data immediately.
4. in our free consultation I will explain my specific offer for you. If you decide during the consultation that you want to work with me, you will receive an email after the phone call with a link to Thrivecart for the relevant product (mentoring/ online course coaching/ online group programme/personal vocal sound healing). Or you can go to the page with the relevant offer yourself. When you click on the link, you will be taken to a Thrivecart page where you can enter your email address, first and last name and your address (for billing purposes).
The payment options available to you are payment by credit card or payment via PayPal.
PayPal) By selecting the payment method "PayPal" and confirming "Buy now" you will be redirected to the PayPal log-in page. After successful login, your address and account data stored at PayPal will be displayed. The payment will be processed by PayPal according to their terms and conditions. The provider of the service is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
Visa/MasterCard) By clicking on "Continue with credit card" you can deposit your data via a secure connection and complete the order by clicking on the "Buy now" button. A connection to the respective credit institution will then be established.
Direct bank transfer) If you select the payment method "SOFORT", the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", you must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", identify yourself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will then be carried out immediately by "SOFORT" and your bank account will be debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
Before completing the order, you give your consent to the storage and processing of your data (only for booking processing, see 5) and your consent to my terms and conditions, the right of withdrawal and the privacy policy by clicking on the respective boxes. You will find all texts linked there.
Finally, you click on the button "Buy now" and thus make a binding offer to me. By doing so, you are offering to conclude a contract of sale for the booking.
Immediately after submitting the form, you will receive a confirmation email from Thrivecart. At this moment the contract is closed.
4.2.3 Offer corporate client:
You book the business coaching or in-house training by going through the following steps:
You independently request a free preliminary talk without a request or confirm a request with the offer of a free preliminary talk on my part.
In our free consultation I will explain my concrete offer for the team/coachee. If you decide during the consultation that you would like to work with me, you will receive an email with an offer after the meeting. The prices listed in the offer are subject to change and non-binding until the contract is concluded.
You confirm the offer in writing (e.g. by e-mail) and thereby accept my offer. This concludes the purchase contract.
3. in case of change requests on your part, a revised offer will be sent to you.
4. after the digital or live workshop/ in-house training/ business coaching has been carried out, the invoice will be issued for 100% of the total service. Exception: We agree on a digital/on-site workshop series. In this case, I authorise myself to invoice partial payments for the modules I have provided at appropriate intervals and by prior arrangement.
5. payment options available are payment by bank transfer as a one-off payment. Further information on the cancellation conditions can be found under point 9.
5 Delivery and access to digital products
This is access to digital products and coaching. There is no shipment of goods.
Registration and creation of a user account
(1) If you pay by prepayment/bank transfer, there may be a delay in the delivery of the product. If you pay by Paypal or credit card, you will receive immediate access to your product.
(2) You will receive the access data for the digital product by e-mail or, depending on the product, by e-mail with a download link. You can use this link to download the product within the period specified at the time of purchase.
(3) The login data (user name, password, etc.) provided by you in the course of registration must be kept secret by you and must not be made accessible to unauthorised third parties. Please make sure that you also choose a secure password.
(4) Please ensure that access to and use of chargeable products using your user data is exclusively by you or authorised users. If there are facts that justify the assumption that unauthorised third parties have gained knowledge of your access data, you should inform me immediately so that I can block or change it.
(5) I can block your access temporarily or permanently if there are concrete indications that you have violated these GTC and/or applicable law or if I have another justified, substantial interest in blocking your access. When deciding whether to block your account, I will give due consideration to your legitimate interests. You are not entitled to a refund or further claims in this case.
(6) A claim to access exists only after payment for the digital product has been made.
6 Collection, storage and processing of your personal data
(1) In order to carry out and process a booking, we require the following data from you:
- E-mail address
- First and last name/company name
- Address data (for invoicing)
- depending on the product possibly telephone number
- for corporate clients: VAT ID
(2) Some of my products are sold through my shop via the provider Thrivecart. In this case, Thrivecart will also receive your data required to process the purchase. I have concluded an order processing contract with Thrivecart. You can view Thrivecart's privacy policy here: https://legal.thrivecart.com.
I invoice corporate clients for which my privacy policy applies: https://martina-vanderveer.com/datenschutzerklaerung/.
For individuals/consumers applies:
(2) If you wish to create a customer account, Thrivecart requires the data mentioned in paragraph 1 and a password freely chosen by you.
(3) I will use the data you provide without your separate consent exclusively for the fulfilment and processing of your order(s), for example for the delivery of the digital product or the access data for the online course. If you pay by bank transfer, Thrivecart will also use your bank account or credit card details to process the payment. Any further use of your personal data for the purposes of advertising, market research or the design of further offers in line with requirements requires your express consent.
(4) Without setting up a user account, Thrivecart will only store the data provided by you within the framework of the obligations under tax and commercial law.
(5) If you change your personal details, you are responsible for updating them yourself.
You can make the changes via Thrivecart. You will either be provided with a link in the purchase confirmation or you can contact the support: support@martina-vanderveer.com.
(4) We use the data you provide without your separate consent exclusively to fulfil and process your order(s), for example to deliver the digital product/access data for the online course. If you pay by credit card, we will also use your credit card details to process the payment. Any further use of your personal data for the purposes of advertising, market research or the customised design of our offers requires your express consent.
You have the option of giving this consent before placing the order. This declaration of consent is voluntary and can be revoked by you at any time.
(5) The data you provide will remain stored in your customer account until you delete it yourself.
(6) Without setting up a customer account, we only store the data within the scope of our obligations under tax and commercial law.
(7) If you change your personal details, you are responsible for updating them yourself. You can change them in your Thrivecart customer account or you can send me an email at hallo@martina-vanderveer.com with your changed contact details.
7 Right of withdrawal for consumers
As a consumer, you have a right of withdrawal in accordance with the instructions in the appendix.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
(2) The cancellation period begins with the conclusion of the contract. The contract is concluded at the moment you receive the confirmation of the booking of the Growth Mentoring/online course/vocal sound healing.
(3) In the case of digital products, there are the following special features with regard to the right of withdrawal:
1. a) If a digital product (e.g. an online course, an e-book, PowerBooster, Vocal Sound Healing, an audio file, etc.) is purchased and you are provided directly with the entire content, you waive your right to object to the digital materials.
2. b) I refer to this directly BEFORE completing the order.
(4) The right of cancellation expires at the time when my workshop/group online coaching/mentoring/energy work/vocal sound healing has been completed before the cancellation period expires.
I would like to point out that you waive your 14-day right of cancellation - because you
1. get direct access to all course content.
2. download the e-book, workbook, PowerBooster etc. directly.
3. that I should start directly with the provision of services (mentoring/coaching/counselling/vocal sound healing).
(4) You will find the separate cancellation form and the instructions at the end of the document.
8 Cancellation of online business coaching / mentoring / group programme for companies
8.1 Cancellation on the part of the consumer
(1) After expiry of the 14-day cancellation period, you can withdraw from the contract in accordance with the following conditions. The declaration of withdrawal must be made exclusively in text form by e-mail to hallo@martina-vanderveer.com.
(2) Cancellation fees will be charged depending on when I receive your cancellation notice,
up to 60 days before the start of the event: 50% of the participation fee.
from 30 days before the start of the event 75% of the participation fee.
from 14 days before the start of the event: 100% of the participation fee.
Alternative for group programmes:
(3) You can name a substitute participant up to one day before the start of the programme. Please inform me of this person together with their contact details at the latest one day before the start of the event.
8.2 Cancellation on the part of the Provider
(1) I am entitled to cancel a workshop/seminar, even at short notice, if not enough participants have registered.
(2) I am also entitled to cancel a mentoring / business coaching / vocal sound healing / workshop / seminar if I fall ill at short notice and no replacement can be provided.
(3) I will refund your participation fee in cases 1 and 2. I will not refund any further costs that you have incurred.
(4) If you act contrary to the contract by violating these general terms and conditions or my house rules, I have the right to exclude you from the seminar.
(5) I am also entitled to exclude you from coaching/mentoring if you repeatedly fail to keep appointments, e.g. if you fail to attend appointments as a result.
(6) If you disrupt the course of the group programme and do not refrain from doing so even after being requested to do so, I am entitled to exclude you from the programme.
(7) I will not refund any costs in the cases of paragraphs 4-6.
8.3 Scope of services and unused services
(1) The scope of services depends on the respective mentoring programme/group programme booking.
(2) If you do not make use of individual services, I reserve the right to charge the full fee. Alternatively, the missed course unit can be made up in an individual lesson, fee 330.00 euros, or in a follow-up course, if places are available.
(3) If an appointment or course is cancelled, e.g. due to illness of the trainer/lecturer, it will be made up immediately. If this is not possible, the fee for the open dates will be refunded.
9 Cancellation conditions for companies for in-house training courses or internal digital workshops/seminars/business coaching/mentoring
on the part of the company
(1) You are entitled to cancel the order up to 6 weeks before the start of the event without additional costs.
(2) If a cancellation is made up to 30 days before the start of the event, you must pay me 50% and if a cancellation is made up to 14 days before the start of the event, you must pay me 75 % of the agreed remuneration amount.
(3) If the cancellation is made less than 14 days before the start of the event, you must pay the full amount of the agreed remuneration to me.
(4) In addition, you shall pay me the costs already incurred as a result of the confirmed booking (e.g. accommodation, travel and other follow-up costs) for live training on site.
9.1 Business Coaching Cancellation Policy
(1) Cancellation of a coaching/mentoring appointment is possible free of charge up to 2 days before the appointment.
(2) Cancellation from 2 days to 24 hours prior to the appointment will incur 50 % of the fee.
(3) In case of cancellation 24 hours or more before the appointment, the full amount is due.
(4) If you cancel mentoring/coaching/counselling, the full fee will be retained unless a medical certificate is available.
(5) Cancellation must be made in text form (e-mail) to hallo@martina-vanderveer.com.
9.2 Scope of services and unused services
(1) The scope of services depends on the respective business coaching booking/ workshop booking/ seminar booking.
(2) If you do not make use of individual services, I reserve the right to charge the full fee nevertheless.
(3) Should a date or course be cancelled, e.g. due to illness of the trainer or force majeure, it will be made up immediately.
on the part of the supplier
(1) I am entitled to cancel a workshop/ seminar/ coaching/ counselling/ mentoring at short notice if I fall ill at short notice or in the event of force majeure and no replacement can be provided.
(2) In this case, I will refund the costs already paid. I will not reimburse any further costs that you have incurred.
10 Terms of payment for consumers
(1) The possible methods of payment (e.g. bank transfer, Paypal, credit card or direct debit) may vary per product and can be viewed in the Thrivecart order form.
(2) An invoice is always sent to you by Thrivecart via email with a link to a PDF document. The invoice amount is due immediately by clicking the "Buy" button on Thrivecart.
(3) Access to the respective offers is made dependent on prior receipt of payment.
11 Terms of payment for entrepreneurs/companies
(1) You shall pay me the remuneration agreed in the individual order for the specified services. VAT and other statutory charges in the country of delivery as well as travel costs, accommodation costs and other expenses shall be charged to you in accordance with the individual order.
(2) I will invoice you the agreed remuneration after the in-house seminar/ workshop/ business coaching/ counselling/ mentoring has been carried out.
(3) Payments are due immediately after invoicing without any deduction.
(4) If the payment dates are exceeded, I shall be entitled to interest on arrears in accordance with the statutory provisions of §§ 268, 288 BGB without further reminder. The right to claim further damages remains unaffected. I am entitled to first offset payments against older debts of yours.
(5) If costs and interest have already been incurred due to default, I am entitled to credit the payment first to the costs, then to the interest and finally to the main services. A set-off or the assertion of a right of retention due to counterclaims not recognised by me or not legally established is excluded.
(6) Insofar as the above terms of payment are deviated from without justifiable reason, I may at any time optionally demand delivery concurrently against cash payment, advance payment or provision of security. All outstanding claims, including those for which I have accepted bills of exchange or for which payment by instalments has been agreed, shall become due immediately.
(7) In the event of a subsequent change in creditworthiness, I shall be entitled to demand payment concurrently against delivery or corresponding securities and to withdraw from the contract in the event of non-performance.
11.1 Prohibition of assignment
You are not entitled to assign your claims under the contract.
12 Duration and location of consumer offers
(1) An online mentoring programme, whether 1:1 or in a group, lasts between 60 minutes and 7 months, depending on the product.
(2) The coaching/seminar/workshop/mentoring usually takes place 1:1 or in groups.
(3) Unless otherwise agreed between the parties, mentoring/coaching sessions and group programmes shall take place online via Zoom. In the case of offline seminars/workshops/inhouse training programmes, the agreed venue shall apply.
13 Duration, location and prerequisite of the offers for companies
(1) The duration of a workshop/seminar/coaching series/mentoring/counselling will be contractually agreed with you.
(2) The number of participants will be contractually determined in consultation with you.
(3) The seminar/workshop/coaching series/mentoring will take place at the venue specified by you or digitally via Zoom.
(4) You shall provide the data, information and facilities that are necessary for the successful implementation or complete provision of my service. This refers in particular to training rooms and the necessary equipment.
(5) I am explicitly not responsible for food and accommodation of the participants.
(6) I am entitled to refuse the implementation of the workshops, seminars, coaching and consulting services if there are substantial reasons. A substantial reason shall be deemed to exist in particular if, in my opinion, the training equipment or other circumstances, such as the composition of the group to be trained, jeopardise the successful implementation of the workshops, seminars and consultancy services.
14 General information on coaching/mentoring/vocal sound healing for consumers and companies
(1) A counselling session is based on cooperation and mutual trust. Counselling / coaching / vocal sound healing is a free, active and self-responsible process in which a certain success cannot be promised and is not owed.
(2) You are fully responsible for your own physical and mental health both during the session and in the period between appointments. Any actions you may take as a result of the counselling/coaching/energy work/mentoring/vocal sound healing are your own responsibility.
(3) You are responsible for your own state of health. If you have been diagnosed with a physical illness/medically diagnosed, then ask your doctor whether coaching/energy work/vocal sound healing can be useful. I reserve the right to cancel the coaching/energy work in such cases.
15 Discretion
I undertake not to disclose any confidential information about you for the duration of the coaching / seminar / in-house training / counselling / mentoring and also after it has ended.
16 Know-how protection and trade secret
(1) You are aware of the fact that all information you receive during our cooperation about the way I provide my services (ideas, concepts and operating experience (know-how) developed by me) and which must be kept secret due to, in particular, legal regulations or the nature of the matter, are subject to business secrecy. For this reason, you undertake to maintain the business secret and to keep the aforementioned information confidential. Furthermore, you are not entitled to use this information outside of our contract. Commercial use is prohibited in any case and always requires my express permission.
Within the framework of an agreed testimonial, you are entitled to speak/write about the way you work with me.
The obligation to maintain the business secret shall have effect beyond the end of the cooperation of the parties.
(2. The following information shall not be covered by the obligation of professional secrecy
- were already known before the confidentiality agreement,
- which were developed independently of me,
- were or are publicly accessible when the information was received or subsequently became publicly accessible through no fault of the contractor.
(3) An appropriate contractual penalty shall be due for each breach of the confidentiality obligation.
especially for companies
(4) In order to create a basis of trust as a necessary prerequisite for the success of the training, workshops, seminars and coaching/mentoring, all information that becomes known to me about the participants (whether in the context of a workshop, a seminar, a counselling session or a one-to-one meeting in person or by telephone) will be treated confidentially.
(5) There will be no feedback discussions with them on information from and about individual participants or on personal assessments of them. The participants are informed that no personal information will be passed on to the client. In particular, no diagnostic or ability assessments.
17 Exclusion of curative treatments
(1) As a counsellor/mentor/vocal sound healer, I do not make any diagnoses and may not and will not give any medical advice or information.
(2) Counselling/Vocal Sound Healing is not psychotherapy or curative treatment and is not intended to replace it. Counselling/coaching/energy work/vocal sound healing requires normal mental and physical resilience. In the case of complaints with disease value, you are requested to seek medical treatment.
(3) I am not a doctor and do not make any medical or health promises. All Energy Work or Vocal Sound Healings can only address your self-healing power and do not represent a healing promise.
18 Copyright in my records, documents, products and online courses
(1) The files and documents may only be accessed (downloaded) and printed by you as my client and only for your own training. The downloading and printing of files is only permitted within this framework. In this respect, you as the client may also have the printout made with the technical support of third parties (e.g. a copy shop).
Apart from that, all rights of use to the files and documents remain reserved. This means that you will not receive any additional terms of use. Therefore, in particular, the making of copies of files or printouts for third parties, the passing on or forwarding of files to third parties or any other use for other than your own study purposes, whether against payment or free of charge, requires the express prior written consent of me, even after the end of the consultation.
Full or partial commercial use is excluded.
(2) The trademarks and logos listed on the documents enjoy protection under the Copyright Act.
As a client, you are obliged to use the documents and files to which you have access only within the scope expressly permitted here or, by virtue of mandatory statutory regulation, also permitted without my consent, and to prevent unauthorised use by third parties. This shall also apply after the end of the consultation/collaboration.
(3) Forms of use that are permitted due to mandatory statutory provisions shall of course remain exempt from this reservation of consent.
19 Own provision of suitable IT infrastructure and software
As a participant, you are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software (in particular web browsers and PDF programmes such as Acrobate Reader®) required for the use of Martina van der Veer's online offers yourself and at your own expense and risk.
20 Liability for mentoring programme/workshop/energy work/consulting content
(1) In my coaching/mentoring workshops/seminars/consultations/energy work I only give recommendations for action. The implementation of these recommendations is the sole responsibility of the client.
(2) The documents contained in the coaching/workshops/seminars/consultations/energy work are samples that you have to adapt to yourself. No liability is assumed for the completeness and topicality of these samples.
21 Limitation of liability
(1) I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the observance of which you may regularly rely. In the latter case, however, I am only liable for the foreseeable damage typical for the contract. I am not liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, I am not liable for the constant and uninterrupted availability of the online offer.
(3) All of the aforementioned limitations of liability shall also apply to our vicarious agents.
especially for companies
(4) I am only liable for accidents and other damage to participants or theft and damage to their belongings during the event in the event of intent or gross negligence. Further claims of the client - for whatever legal reasons - are excluded. The contractor is therefore not liable in particular for damages, lost profits or other financial losses of the client.
(5) This exemption from liability does not apply if the cause of the damage is based on intent or gross negligence. If I violate an essential contractual obligation through gross negligence, the liability to pay compensation for my property damage and personal injury is limited to the compensation paid by their liability insurance. The liability to pay compensation is in any case limited to the damage foreseeable at the time of the conclusion of the contract.
22 Amendment of these GTC
These GTC may be amended if there is an objective reason for the amendment. This can be, for example, changes in the law, changes in case law or a change in the economic circumstances. I will inform you in good time about the planned changes. You have a 14-day right of withdrawal after being informed.
23 Final provisions
(1) The terms and conditions written here are complete and final. Amendments and supplements to these Terms and Conditions should be made in writing in order to avoid ambiguities or disputes between the parties about the respective agreed content of the contract - whereby e-mail (text form) is sufficient.
(2) Insofar as you had your domicile or habitual residence in Germany at the time the contract was concluded and either moved out of Germany at the time the action was brought by me or your domicile/business or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of my company in the Netherlands.
(3) I would like to draw your attention to the fact that, in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following website: http://ec.europa.eu/consumers/odr
(4) Should individual provisions of this contract be invalid, this shall not affect the rest of the contract. The scope of services agreed in the provision shall then be adjusted to the legally permissible extent.
Version of the GTC: 22/11/2024
Status of the GTC: 22/11/2024
Consumer information and cancellation policy
If you as a consumer have booked a mentoring/ course/ PowerBooster/ Vocal Sound Healing/ e-book etc. with me via e-mail, telephone or my website, I would like to draw your attention to the following:
(1) The language available for the conclusion of the contract is exclusively German. Translations shall only serve the purpose of explanation for our customers.
(2) The presentation of my services/products on the website does not constitute a binding offer. Only the booking by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you a booking confirmation by e-mail. This concludes the contract.
The cancellation period of 14 days also begins from this point.
(3) All prices stated are final prices plus taxes.
(4) The consultation fee/purchase price is due immediately with the booking/order.
(5) The data required for the processing of the contract between us will be stored by me and are accessible to you at all times. In this respect, I refer to the regulation of the privacy policy on my website https://martina-vanderveer.com/datenschutzerklaerung/.
(6) As a consumer, you have a right of revocation in accordance with the following
INSTRUCTION - RESPONSE
(7) You waive your right of withdrawal if you expressly agreed at the time of booking that we should begin with the execution of the consultation before the end of the withdrawal period or that the digital product should be delivered immediately or that the access data for the online course should be provided directly.
RIGHT OF REVOCATION for consumers
As a consumer, you have the right to cancel the contract within fourteen days without giving any reason.
You do not have a right of cancellation if you have expressly agreed at the time of booking that the performance of the service is to begin before the end of the cancellation period. You have thus effectively waived your right of cancellation. We have pointed this out to you before the conclusion of the purchase.
1. start of deadline for online products/booking courses/booking counselling/mentoring
The cancellation period is fourteen days from the day the contract is concluded. The contract is concluded on the day on which you receive a confirmation email from us after successfully booking a vocal sound healing/mentoring session or course.
You have a separate 14-day right of cancellation for each booking. In order to exercise your right of cancellation, you must
Martina van der Veer
Olijfhout 34
2994-HV Barendrecht, The Netherlands
Cologne office: 0049 221- 65028 322
hallo@martina-vanderveer.com
in a clear statement (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You can use this model cancellation form (see below), which is not mandatory.
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the cancellation right before the end of the cancellation period.
CONSEQUENCES OF REVOCATION
If you cancel this contract, we must refund all payments we have received from you within fourteen days of the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have made the payment by bank transfer, please send us your account details again, as we only see part of your account details on the bank statement.
Model withdrawal form
The model for the cancellation form is in accordance with Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 of the Introductory Act to the German Civil Code (EGBGB).
(If you wish to cancel the contract, please complete and return this form).
I/we (*) hereby revoke the contract concluded by me/us (*) for the booking of the following programme/mentoring XY/ Vocal Sound Healing/ the purchase of product XY/ (description so that it can be clearly determined to which offer the revocation relates)
- posted on>_________ (*)/ / goods received on __________ (in case of several deliveries from one order, indicate the date of the last delivery(*):
- Name of the consumer(s);
- Address of the consumer(s);
Account details for reimbursement, if applicable
- Signature of the consumer(s) (only in the case of notification on paper);
Date
(*) Delete where inapplicable or please adapt.