GTCs

General Terms and Conditions

Valid from (20 September 2022)

Provider: Daniela Schmidt

Address: Paracelsusgasse 7-9,3003 Gablitz, Austria

Phone:+43 699 10390426
E-mail: daniela@danielaschmidt.com

Competent supervisory authority: District authority St. Pölten
Competent chamber: Member of the Austrian Federal Economic Chamber (WKO, WKNOE)

To the table of contents

1. scope
2. conclusion of the contract
3. prices and terms of payment
4. right of cancellation (right of withdrawal) for consumers
5. cancellations, changes and refunds
6. use of service packages
7. postponement of appointments by Daniela Schmidt
8. limitation of liability
9. final provisions

 

1 Scope of application

1.1 The following General Terms and Conditions (GTC) apply to all business relationships between Daniela Schmidt and the customer for transactions made via the online shop https://www.danielaschmidt.com/. The version valid at the time the contract is concluded shall apply.

1.2 These GTC apply exclusively. The customer agrees to the validity and binding nature of these GTC and the privacy policy by clicking on the corresponding checkbox before completing the booking process and the associated submission of a binding contractual declaration. These terms and conditions shall also apply to future bookings made by the customer, even if they are not expressly agreed again.

1.3 Customers within the meaning of these General Terms and Conditions are consumers. Insofar as these General Terms and Conditions refer to consumers, these are natural and legal persons for whom the purpose of the booking cannot be attributed to a commercial, self-employed or pre-professional activity, i.e. a legal transaction is not part of the operation of their business.

 

2 Conclusion of the contract

2.1 All offers made by Daniela Schmidt are non-binding; in particular, the presentation of the services in the online shop does not constitute a binding offer by Daniela Schmidt, but is merely an invitation to submit an offer.

2.2 The booking of the individual services offered in the online shop takes place in the following steps:

-selection of the desired service
-Logging into the customer account or creating a new customer account
-Selecting the appointment (date and time)
-Entering the personal data for the booking (first name, surname, e-mail address, optional: telephone number)
-Accept the terms and conditions that can be called up and saved by clicking on the checkbox
-Selecting the payment method and payment (incl. entering the required data such as credit card number)
-binding submission of the booking

2.3 Booking the service packages offered in the online shop (e.g. Family Fuel Coaching, which includes four weekly coaching sessions) takes place in the following steps:

-select the desired service
-Logging into the customer account or creating a new customer account
-Select a start date: The period in which the services must be used begins from this date (e.g. 1 January 2022 as the start date. The benefits can be claimed in the period from 1 January to 31 January 2022).
-Acceptance of the conditions that can be called up and saved by clicking on the checkbox
-Select the payment method and payment (incl. entering the required data such as credit card number)
-binding submission of the booking

2.4 By submitting the booking, the customer recognises the pre-contractual information for consumers and the General Terms and Conditions as solely authoritative for the legal relationship with Daniela Schmidt.

2.5 Daniela Schmidt will immediately confirm receipt of the customer’s booking (‘booking confirmation’). This confirmation serves the customer only as proof of the successful receipt of the booking and does not yet constitute acceptance of the booking. The booking confirmation only constitutes a declaration of acceptance if the customer has chosen a credit card, instant bank transfer or another instant payment method as the means of payment or if Daniela Schmidt expressly declares this in writing in the booking confirmation, e.g. by labelling it as an ‘order confirmation’.

2.6 Acceptance is made by sending an order confirmation by e-mail, whereby the time of receipt of the order confirmation by the customer is decisive. If the payment method Sofortüberweisung has been selected, the contract is already concluded at the time of payment.

2.7 The text of the contract will be stored by Daniela Schmidt in any case and sent to the customer by e-mail together with the legally effective General Terms and Conditions after conclusion of the contract.

 

3 Prices and terms of payment

3.1 The prices offered are daily prices in EURO and are valid until cancelled. As Daniela Schmidt is exempt from VAT as a small business pursuant to § (1) Z 27 UStG, no VAT is included in the prices.

VAT is included (gross = net).

3.2 The customer can pay the price by credit card, instant bank transfer or other payment methods offered in the online shop. If payment is made by credit card, instant bank transfer or another instant payment method, the purchase price is due for payment when the booking confirmation is sent.

3.3 Daniela Schmidt shall issue the invoice by sending an e-mail to the e-mail address provided by the customer. In the case of electronic invoicing, the customer is entitled to request the invoice in paper form.

3.4 Daniela Schmidt is entitled to charge interest on arrears in the amount of 5% p.a., but in any case the statutory interest on arrears.

The right to assert further damages remains reserved. If the customer does not pay the amount owed after a reasonable grace period has been set, Daniela Schmidt is entitled to withdraw from the contract and/or to claim damages instead of performance.

3.5 The customer undertakes to bear all necessary costs associated with the collection of the claim for which he is responsible for reasonable extrajudicial collection and recovery measures, insofar as these are in reasonable proportion to the claim being pursued.

If the customer is in default, incoming payments shall first be offset against the costs of extrajudicial and judicial dunning and collection measures incurred by the collection, against the interest accrued to date and only then against the capital. If the customer has several obligations towards Daniela Schmidt, the incoming payments shall be credited in the aforementioned manner to the longest outstanding arrears.

 

4 Right of cancellation (right of withdrawal) for consumers

4.1 In accordance with Art. 16 lit. l of Directive 2011/83/EU on consumer rights, which all EU Member States have transposed into national law, there is no right of cancellation for services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the performance of the contract by the trader. In accordance with Art. 6 Para. 1 lit. h of Directive 2011/83/EU on consumer rights, Daniela Schmidt hereby informs consumers that there is no right of cancellation when booking services in the online shop for which a specific time or period is contractually stipulated.

 

5 Cancellations, changes and refunds
5.1 Every appointment booking is binding. If the customer does not make use of all or part of the services offered, there is no entitlement to a refund of the costs.

5.2 Cancellation free of charge is not possible. A free rebooking to another date is possible up to 24 hours before the booked date. To change your booking to another date free of charge, please contact us in writing by email at daniela@danielaschmidt.com.

5.3 Bookings are transferable to another person.

 

6 Use of service packages

6.1 If the customer has purchased a service package (e.g. Family Fuel Coaching, which includes four weekly coaching sessions), the services purchased can be viewed in the customer account under ‘My bookings’.

6.2 The customer can use these purchased services during a specific, predetermined period (booking period). To utilise the services, the customer can book a date under ‘My orders’ on which the service is to be provided

6.3 If the customer has not utilised all services from the purchased service package within the booking period, there is no entitlement to a refund of the aliquot purchase price. The unused service is no longer visible in the customer account after the end of the booking period.

6.4 The customer can use the open service at a later date outside the booking period. Appointments can only be made by e-mail to daniela@danielaschmidt.com. It is not possible to book an appointment in the customer account, as the open services are no longer visible in the customer account after the booking period has expired.

 

7 Postponement of appointments by Daniela Schmidt

7.1 Daniela Schmidt is entitled to postpone the booked appointment for important reasons (illness, accident or similar impediments). The customer will be informed of this by e-mail.

7.2 The already paid booking of the service remains valid, a refund is excluded. A new date for the use of the service will be arranged by sending an email to daniela@danielaschmidt.comvereinbart.

 

8 Limitations of liability

8.1 Claims for damages are limited to damages caused by Daniela Schmidt intentionally or through gross negligence. Claims for damages for slight negligence are excluded.

The exclusion of liability does not apply to damages attributable to Daniela Schmidt arising from injury to the body, health or life of the customer.

8.2 Daniela Schmidt is only responsible for her own content on the website of her online shop. Insofar as links provide access to other websites, Daniela Schmidt is not responsible for the third-party content contained therein. Daniela Schmidt does not adopt the third-party content as her own. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain the intellectual property of Daniela Schmidt; the customer shall not be granted any rights of use or exploitation whatsoever in respect thereof.

8.3 The customer is obliged to inform Daniela Schmidt of any changes to his e-mail address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address.

 

9 Final provisions

9.1 The contractual language is German.

9.2 Amendments and supplements to this contract, including collateral agreements, must be made in writing to be valid.

9.3 Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9.4 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.