General terms and conditions
and
Right of withdrawal for consumers
from
BUSINESSFLOWACADEMY
Part 1
Scope and Applicable Law
1 Scope of application
(1) The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs with
Phireka LLC
BusinessFlowAcademy
530-B Harkle Rd STE 100
87505 Santa Fe
New Mexico
USA
www.businessflowacademy.com
hereinafter referred to as “we”. The legal transactions can be concluded in person, by mail, by messenger, by e-mail, in the first meeting 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 has priority in the event of any differences in language usage.
(3) These terms and conditions apply exclusively. Conflicting or deviating conditions that you use are not recognized by us, unless we have expressly agreed to their validity in writing or in text form.
(4) In individual cases we use a supplementary agreement in addition to these GTC. This shall be concluded separately between us and shall take precedence over these GTC in case of doubt.
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.
(2) In the event that you are a consumer within the meaning of Section 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 shall remain unaffected.
(3) 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 commercial nor to his 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 independent professional or commercial activity.
(4) Swiss substantive law shall apply exclusively to Swiss consumers. For entrepreneur customers from Switzerland, German law is agreed.
(5) The version of these GTC valid at the time of booking shall apply.
(6) The prices at the time of booking apply.
(7) If certain discount or promotional offers are advertised, these are limited in time or quantity. There is no entitlement to them.
Part 2
Formation of the contract, payment modalities, term of the contracts and revocation
3 Subject matter of the contract
(1) The subject of the contract may be the following services (the list is not exhaustive):
Coaching
mentoring
online courses
retreats
teachings
workshops
(2) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
4 Prices, terms of payment and due dates
(1) Our prices are gross prices (including the statutory value added tax, displayed for Germany.
(2) You will receive the invoice as a PDF document either through us or, in the case of a booking through our third-party provider, a link to the PDF document. The invoice amount is due immediately upon receipt of the invoice and is payable to us immediately.
(3) Access to the respective services is subject to prior receipt of payment. As soon as we have received your payment/deposit, you are entitled to my corresponding service from that point on.
(4) Access to the member area will only be granted once the amount has been credited to our account. As a rule, you will then immediately receive your access data to the member area.
(5) In some cases we also offer payment by installments. The total amount can be increased compared to a full payment. We will inform you of this amount in advance. An early termination of an installment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the increased installment amount, if applicable) in part or in total at any time before the expiration of the agreed time.
(6) Interest in the agreed amount (installment amount is usually higher than for a one-time payment) as well as costs for appropriate reminders will be charged for late payments both for the purchase and for the installment purchase. In case of unsuccessful internal dunning, we can hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for the use of legal representation.
(7) If we have agreed on an installment payment and you do not pay after a reminder in text form and a grace period, we are entitled to terminate the installment payment prematurely and the entire outstanding amount will then become due immediately. The reminder will be sent either by us or, if you have purchased through our third-party provider, by digistore24.
(8) You are not entitled to assert a right of retention against our payment claims or to offset them, unless they are undisputed or titled counterclaims.
(9) If a Sepa direct debit mandate issued by you is cancelled without legal cause, you will have to pay not only the bank charges for return debit notes, but also legal advice. In addition, such an action may also have criminal consequences.
(10) If you are in default of payment or otherwise in arrears, we shall be entitled to refuse performance or delivery until all due payments have been made. Furthermore, we shall be entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights shall apply without prejudice to any other contractually agreed or statutory rights and claims of us.
5 Conclusion of the contract
5.1 For bookings made verbally, by telephone, in writing, by e-mail, SMS, Whats-App, a messenger service, the following applies:
(1) For our services, a planning meeting forms the basis for the consulting service. You contact us via email and/or Messenger or book your free planning meeting via email.
(2) The planning meeting lasts about 15 minutes. The conversation will take place by phone or Zoom.
5.2 Booking via the website
(1) If you want to book a mentoring program via our website, click on the button “Mentoring” to get to the page where our mentoring programs are described. If you have decided on a program, click on the button: “apply”. You will then be redirected to our appointment calendar. We use the provider Squarespace Ireland Ltd. https://de.squarespace.com/datenschutz for this purpose.
If you click there, a page will open on which you will be shown possible dates. You choose an appointment and a time and enter your name, your phone number and your e-mail address. In addition, there is a questionnaire that you fill out.
Of course, your information will only be used for the preparation of our planning meeting. If no contract is concluded with you, we will delete this data immediately.
(2) In the planning meeting we clarify whether our offer is suitable for you and your request.
(3) Offer: Once you have decided on the selected program, we will send you a customer agreement with the agreed content and conditions. For this we use the provider DocuSign. https://www.docusign.de/de-de/datenschutzerklaerung/datenschutz/
(4) Acceptance: By signing the agreement, you agree to the terms of the contract.
You will then receive a confirmation e-mail from us.
(5) As a payment option you can pay by bank transfer/standing order. You will receive an invoice by e-mail. The total invoice amount is due immediately upon order. As soon as your payment/deposit has been received, you are entitled to our corresponding counter-performance.
a. Bank transfer: We will send you the invoice as a PDF file by e-mail. You then transfer the specified amount to our business account.
b. Standing order: You set up a standing order in our favor.
5.3 For bookings made through my online store, the following applies:
(1) We sell under third-party names and use the third-party provider digistore24 for this purpose. This means that you – in case of a booking via our online store – also enter into a contractual relationship with the third-party provider.
From the moment of purchase, the third party provider takes over the sale and payment processing. Therefore, not only our terms and conditions, but also the terms and conditions of the third-party provider are to be taken note of by you during the purchase. This is done by checking the appropriate box before concluding the purchase contract.
Any further communication regarding our products will continue to be between you and us.
(2) Under the heading “Shop” you will find my offers.
(3) You can see directly which programs are offered. Here you can select the desired program and then you will get to the page of the respective program. There you will find all information, contents and the price and you can select them with one click.
(4) If you have decided to purchase the program, then click on the button “yes, I’m in”.
(5) You will then be taken to the order form on the digistore24 GmbH site, where you can enter your e-mail address and your first and last name.
(6) On the order form you choose a payment method (e.g. credit card, PayPal). You enter your data there and receive an order confirmation from digistore24 with all details of your purchase and an invoice from digistore24 after payment.
(7) The payment options available to you are PayPal/credit card/immediate payment/advance payment/debit note. You will receive an invoice from digistore24 by e-mail. The total invoice amount is due immediately upon order. As soon as your payment / deposit is received, you will get access to the booked program.
a) PayPal: By selecting the payment method “PayPal” and confirming “Pay with PayPal” you will be redirected to the log-in page of PayPal. After successful login, your address and account data stored at PayPal will be displayed. The payment will be processed by PayPal under 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.
b) Visa or MasterCard: By clicking on “Pay by credit card” you can deposit your data via a more secure connection and complete the order by clicking on the “Buy now” button. A connection to the respective credit institution will then be established.
c) If you select the payment method “SOFORT”, the payment will be processed by 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 be executed immediately afterwards by “SOFORT” and your bank account will be debited. More information about the payment method “SOFORT” can be found on the Internet at https://www.klarna.com/sofort/.
d) Prepayment: By selecting “Prepayment” and clicking the button “Buy now” you will receive an email from me with the transfer details.
e) Direct debit: You enter your account information when selecting SEPA direct debit and confirm this with the button “Buy now”.
(8) Before completing the order, you give your consent to the storage and processing of your data by clicking on the respective boxes.
– to the storage and processing of your data
– to the validity of these terms and conditions and the terms and conditions of digistore24
– to the validity of the privacy policy. You will find all texts linked there.
You must also agree to waive your right of withdrawal.
(9) Finally, you click on the “Buy now” button and thus submit a binding offer to digistore24. In doing so, you offer digistore24 the conclusion of a purchase contract for the booking.
(10) Immediately after sending, you will receive a confirmation email from digistore24. At this moment a contract of sale is concluded between you and digistore24.
6 Right of withdrawal for consumers
(1) As a consumer, you have a right of cancellation in accordance with the instructions in the appendix.
If you have booked the program via our online store, it is possible to declare your revocation to us or to the third-party provider.
(2) The revocation period begins with the conclusion of the contract. The contract is concluded at the moment you have signed the contract document in case of a booking in the planning meeting, in case of a booking via our website you receive the confirmation email of the purchase by us or – in case of a booking via my online store – by digistore24.
In the case of the purchase of a physical product, the cancellation period begins when the goods have been handed over to you or a person authorized by you.
You can cancel your purchase free of charge within 14 days.
(3) In the case of services, such as coaching/mentoring, there are the following special features with regard to the right of withdrawal:
a) If you purchase the program and we are to begin the service directly or within the 14-day cancellation period, you waive your right of cancellation to that extent.
b) We point this out BEFORE you complete your booking: “You expressly request that we begin with the service before the end of the cancellation period of 14 days. You therefore waive your right of withdrawal if we provide the service in full. In case of a partial performance to you (as customer) within the revocation period, we are entitled to the consideration (payment) for the performed service – even in case of a revocation.”
(4) If the booking is revoked within 14 days and we have already started with our service during this period, you are only entitled to a pro rata refund of your costs. Services already rendered will then be deducted from the refund on a pro rata basis.
(5) In the case of digital content / products, there are the following special features with regard to the right of withdrawal:
a) If you purchase a digital product and you receive the entire content directly after payment, you waive your right of withdrawal.
b) BEFORE completing the order, you declare the waiver of your right of withdrawal: “I hereby waive the right of withdrawal of 14 days to which I am entitled, so that I can directly access the digital content in full”.
c) AFTER the purchase of a digital content is completed, we will confirm the expiration of the right of withdrawal in such a way that you can save this declaration for yourself so that it is accessible to you at any time.
(6) If you have not paid a purchase price for our service or the digital content, but have provided us with your personal data, the right of withdrawal expires by operation of law upon commencement or provision of our service.
7 Contract term and termination
(1) The respective term of our contract is based on the booked coaching/mentoring As a rule, the contract ends automatically through fulfillment. This means that you have paid our entire fee and we have rendered the corresponding service in return.
(2) The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on our part exists in particular if you are more than 2 times in arrears with payments, if you intentionally violate provisions of these GTC and / or intentionally or negligently committed prohibited acts or our relationship of trust is permanently disturbed.
3rd part
Details of the service offer
8 Duration of a consulting session and location of the coaching/mentoring session
(1) The duration of the coaching/mentoring depends on the booked program.
(2) As a rule, there are 1:1 coaching sessions, as well as group coaching sessions.
(3) The coaching/mentoring takes place online via Zoom. For those participants who cannot attend live, a recording will be made available later.
9 Scope of services and unused services
(1) The scope of services of the program depends on the coaching/mentoring.
(2) If a booked appointment is repeatedly cancelled by a participant, no further appointment need be offered. This appointment will then be forfeited. The entitlement to payment for the appointment remains. The payment for the appointment will be retained. There is no entitlement to a refund.
(3) Since the appointments take place online, there is the possibility, especially for group appointments, to look up the recorded appointments. There is no claim to attend the appointment live. The appointments will be communicated early so that the participants can reserve the time for them.
(4) If you cancel a booked coaching/mentoring session, you are not entitled to a refund of your payments.
10 Cancellation of the (online) coaching on our part
(1) We are entitled to cancel a coaching (1:1 or for groups) if the speaker falls ill at short notice and no replacement can be provided.
(2) In the event of a cancellation by us, we will offer a replacement date.
(3) If a participant acts in breach of contract by violating these General Terms and Conditions, we have the right to exclude him/her from the coaching/mentoring. This is particularly the case if the participant disrupts the course of the program and does not cease to do so even after being requested to do so, or if a participant repeatedly fails to adhere to agreements made (e.g. appointments). In this case, no costs will be refunded.
Part 4
Rights and obligations of the client
11 Access to the coaching/mentoring program
(1) This is a personal and non-transferable access to the program, online course, digital products. There will be no shipment of goods.
(2) You will receive the access data to your member area by e-mail. You are entitled to download the digital content on a maximum of 5 different devices.
(3) The login data sent in the course of registration (user name, password, etc.) must be kept secret by you and must not be made accessible to unauthorized third parties.
(4) Make sure that access to and use of your user data is exclusively by you. If there are facts that give reason to believe that unauthorized third parties have gained knowledge of your access data, inform us immediately so that we can block or change it.
(5) We can block your access temporarily or permanently if there are concrete indications that you are violating or have violated these GTC and/or applicable law or if we have another justified, substantial interest in blocking your access. When deciding on a blocking, we will take your legitimate interests into account appropriately.
(6) You are not entitled to access until you have paid for the digital product.
(7) If you have questions about the use of the purchased services or access does not work, you can contact our support (info@businessflowacademy.com).
12 Right to use the digital content or our documents
(1) Audio/video and PDF files and other documents may be accessed (downloaded) and printed by you and only for your own use. Downloading and printing of files is only permitted within this framework. In this respect, you may also have the printout made with the technical support of third parties (e.g. a copy store). Apart from that, all rights of use of the files and documents remain reserved to us. This means that the samples and documents and also the imparted knowledge may not be made available to third parties, neither free of charge nor for a fee. The documents are also not intended for consulting use.
(2) Therefore, in particular the making of copies of files or printouts for third parties, the passing on or forwarding of files and documents to third parties or any other utilization for other than own study purposes, whether against payment or free of charge, requires the express prior written consent of us during and also after termination.
(3) The trademarks and logos listed on the documents enjoy protection under the Trademark Act. You are obligated to use the documents and files accessible to you only within the scope expressly permitted here or permitted by mandatory statutory regulation even without the consent of us and not to promote unauthorized use by third parties. This shall also apply after termination, revocation or cancellation of participation.
(4) Forms of use that are permitted due to mandatory statutory provisions shall of course remain exempt from this reservation of consent.
(5) The more specific regulations for Practicioners, Experts and Teachers are set out in the respective products.
13 Collection, storage and processing of your personal data
(1) In order to carry out and process a booking, we need the following data from you:
– First and last name
– Your address
– e-mail address
– for entrepreneurs also company name and VAT ID No.
Which specific data is mandatory can be seen from the mandatory fields depending on the product.
(2) In the case of chargeable services, the name information, in particular the company name, must be correct. The same applies to the address. Invoices will be issued on the basis of this information. Should corrections be necessary here, this may lead to additional expenditure, which we will charge at a reasonable rate.
(3) In case of a change of personal data, especially in case of a change of e-mail address, please inform us by e-mail to info@businessflowacademy.com.
14 Collection, storage and processing of your personal data by digistore24
(1) We use the provider “digistore24” for part of our products for order processing. You can view the privacy policy of digistore24 here: https://www.digistore24.com/page/privacy/1/de
(2) For the execution and processing of a booking digistore24 needs the following data from you:
– First and last name
– Your address
– e-mail address
– for entrepreneurs also company name and VAT ID No.
– Telephone or cell phone number
Which specific data is mandatory is indicated in the mandatory fields depending on the product.
(3) If you wish to create a customer account, digistore24 requires the data mentioned in paragraph 2 and a password freely chosen by you.
(4) We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), such as for the delivery of goods to the address provided by you. When paying by bank transfer digistore24 also uses your bank account or credit card data for payment processing. Any further use of your personal data for purposes of advertising, market research or for the design of further offers requires your express consent.
(5) Without setting up a user account, digistore24 will store the data you provide only within the scope of tax and commercial law obligations.
(6) If you change your personal information, you are responsible for updating it yourself. You can make the changes via digistore24. For this purpose, you will either be provided with a link in the purchase confirmation or you can contact the support support@digistore24.com.
15 Own provision of suitable IT infrastructure and software
You are responsible for providing and guaranteeing Internet access (hardware, telecommunication connections, etc.) and the other technical equipment and software necessary for the use of online offers from us (in particular web browsers and PDF programs such as Acrobat Reader®, Zoom) yourself and at your own expense and risk.
16 General information on coaching/mentoring by us
(1) The coaching/mentoring program is based on cooperation.
(2) Participation in the coaching/mentoring program requires a willingness to learn on one’s own responsibility. We cannot promise any particular success for these processes. We are merely process facilitators and provide assistance, patterns and instructions. The implementation and the making of decisions are your own responsibility.
(3) You are fully responsible for your physical and mental health both during the session and in the phase between the appointments. Any actions you may take as a result of the coaching/mentoring are your own responsibility. If you have a mental illness/diagnosed by a doctor, ask your doctor if coaching/mentoring may be appropriate. We reserve the right to discontinue coaching/mentoring in such cases.
17 Exclusion of medical treatment
(1) Prior to our cooperation, you have given us permission by means of a separate consent that we may also collect and consider health data from you.
(2) In this declaration of consent we have also pointed out that as a coach/consultant we do not make any diagnoses and do not give any medical advice or information.
(3) The consultation requires a normal mental and physical resilience. In case of complaints with disease value, you are requested to seek medical treatment. The counseling is not psychotherapy or medical treatment and is not intended to replace them.
(4) We are not doctors and do not make any medical or health-related healing promises.
18 Know-how protection and confidentiality
(1) You are aware of the fact that all information which you receive during our cooperation about the way we provide our services (ideas, concepts and operating experience (know-how) developed by us) and which must be kept secret due to 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.
(2) Within the framework of a reference agreed upon in writing, you shall be entitled to speak/write about the manner of cooperation with us.
(3) The obligation to maintain confidentiality shall survive the end of our cooperation.
(4) The following information is not affected by the obligation of confidentiality
was already known before the obligation of confidentiality,
was developed independently of us
was or is publicly accessible at the time of receipt of the information or subsequently became publicly accessible through no fault of your own.
(5) An appropriate contractual penalty shall be due for each breach of the confidentiality obligation.
Part 5
Confidentiality and liability regulations
19 Confidentiality of both parties
(1) We undertake to maintain confidentiality about all confidential information from you during the duration and also after the end of the coaching/mentoring program.
(2) You are obligated to maintain secrecy about all information that is to be treated as confidential, of which you gain knowledge in the course of the cooperation, and to only use this information for third parties with our prior written consent. This also applies to all documents that you receive from us in the context of the coaching/mentoring program or to which you have access.
(3) In group programs, the duty of confidentiality also applies to confidential information of the other participants that you learn about them in the course of the program.
20 Liability for content
(1) In our programs we show patterns and/or options for action and, if necessary, give general recommendations for action. The responsibility for implementation and making decisions is yours alone.
(2) The files and documents provided by us are samples that you must adapt to your needs. We do not assume liability for the completeness and up-to-dateness of these samples.
(3) We reserve the right to optimize and adapt the contents at any time.
21 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment 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 whose compliance you may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain 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, we are not liable for the constant and uninterrupted availability of the offer.
(3) All of the aforementioned limitations of liability shall also apply to our vicarious agents.
22 Force majeure
(1) Force majeure shall be deemed to exist if an external event occurs which has no operational connection and which cannot be averted even by exercising the utmost care which could reasonably be expected. Force majeure shall be assumed in the case of natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fire, political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases and quarantine orders by authorities, countries and states.
The lists are not exhaustive; events comparable to those mentioned in paragraph 1 also fall under the concept of force majeure.
(2) The party that first learns of the event shall inform the other party in a timely manner.
(3) In the event of force majeure as defined in paragraph 1, we agree that contractual services shall initially be suspended for the duration of the impediment. I.e. the services of both parties will be suspended for the time being. Fees already paid in advance will remain with us for this period. If you still have to make payments, the payments for services already rendered are still to be made by you. For not yet performed services you can pause the payment for the period of the contract suspension.
After termination of the unforeseeable event, the contract will be resumed.
Further possible damages, each party bears for itself.
(4) If the event lasts longer than 6 months, we are both entitled to terminate the contract with a notice period of 3 weeks to the end of the month in text form.
The services already rendered by us are to be paid by you. Fees paid in advance are to be refunded by us. If you have made a payment that should secure you a guaranteed place in one of our events/courses, this fee will not be refunded, as the consideration for securing you a place was provided by us and is incurred regardless of whether the event/course takes place or not. The ticket fee, online course fee, etc. that goes beyond this will of course be refunded to you. Also in the case of this cancellation, each party bears further damages (e.g. hotel bookings, flight bookings, etc.) themselves.
(5) In the event that the event lasts longer than 12 months, the contract will be terminated. A final invoice will then be issued by us. This statement will list the services we have provided and the payments you have made. In the event that you still have to make payments for services already rendered, these must be paid within 14 days of receipt of the final invoice.
If there is a credit in your favor, it will be paid within 14 days after the final invoice is sent. The final statement can be sent as a PDF attachment by e-mail Further claims due to force majeure are excluded. Each party is responsible for its own damages.
Part 6
Final provisions and place of jurisdiction
23 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, adaptation of our offers, changes in case law or a change in economic circumstances. In the case of significant changes that affect you, we will inform you in good time about the planned changes. You have a 14-day right of withdrawal after the information. After expiration of this period, these new regulations have become an effective part of the contract.
24 Final provisions
(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should, in order to avoid ambiguities or disputes between us about the agreed content of the contract, be made in writing – whereby e-mail (text form) is sufficient.
(2) As far as you as a consumer had your domicile or usual residence in Germany at the time of the conclusion of the contract and have either moved out of Germany at the time of the institution of legal proceedings by us or your domicile or usual residence is unknown at this time, the place of jurisdiction for all disputes is the registered office of Phimension Ltd BUSINESSFLOWACADEMY.
For businessmen in the sense of the HGB, legal entities of the public right or public-legal special property is the area of jurisdiction the seat of Phimension Ltd.
BUSINESSFLOWACADEMY.
(3) We point out that in addition to the ordinary legal process, the possibility of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013 is available to you. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.
We do not participate in the dispute resolution procedure.
(4) Should individual provisions of this contract be or become 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.
