AGB

General Terms and Conditions and Right of Withdrawal

for Smart Heal consumers

Part 1

Scope and Applicable Law

1. Scope

(1) The following General Terms and Conditions apply to all legal transactions with consumers and entrepreneurs with

Smart Heal

Carmen Kluge

Black Corner 37

03096 Burg / Spreewald

www.smartheal.de

hereinafter referred to as "we". Legal transactions can be conducted in person, by mail, or via [method of communication].

The agreement can be made via messenger, email, in an initial consultation or via the website.

2) The only language available for concluding the contract is German.

Translations into other languages are for your information only. The German

In case of any differences in language usage, the text takes precedence.

(3) These General Terms and Conditions apply exclusively. Conflicting or deviating terms and conditions do not apply.

Any differing terms and conditions you use will not be recognized by us, unless

because we have expressly agreed to its validity in writing or in text form.

(4) In certain cases, we use a supplementary agreement in addition to these General Terms and Conditions.

This will be concluded separately between us and will take precedence over these terms and conditions in case of doubt.

2. Applicable law and consumer protection regulations

(1) The law of the Federal Republic of Germany shall apply, excluding international international law.

Private law and the UN Convention on Contracts for the International Sale of Goods (CISG) applicable in Germany,

if:

a) you as an entrepreneur order,

b) you have your habitual residence in Germany or

c) your habitual residence is in a state that is not a member of the

European Union.

(2) In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB)

If you are a German citizen and have your habitual residence in a member state of the European Union, German law also applies, without prejudice to mandatory provisions of the state in which you have your habitual residence.

(3) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

An entrepreneur is any natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

(4) Swiss substantive law applies exclusively to Swiss consumers. German law applies to business customers from Switzerland.

(5) The version of these Terms and Conditions valid at the time of booking/ordering shall apply.

(6) The prices applicable at the time of booking/ordering shall apply.

(7) If certain discount or promotional offers are advertised, these are subject to time limits.

or limited in quantity. There is no entitlement to it.

Part 2

Contract formation, payment terms, contract duration and cancellation

3. Subject of the contract

(1) The subject matter of the contract may be the following services (where the list is limited to

(is not exhaustive):

• Coaching programs

• Retreats

• Individual coaching

• Mentoring

• Group Coaching

• Advice

• Online courses

Workshops
Audio courses

• Seminars

• Live Events

• Continuing education courses

Memberships
Bioenergetic agents
Dietary supplement
cosmetics
Oils

hereinafter referred to as the Programmes

(2) All offers on the internet are non-binding and do not constitute a legally binding offer.

This constitutes a binding offer to conclude a contract.

4. Prices, terms of payment, retention of title and due dates

(1) Our prices are gross prices, shown on the invoice including statutory VAT, displayed for Germany.

(2) An invoice will generally be sent to you by email in the form of a PDF document.

Sent. The invoice amount is due immediately upon receipt of the invoice and must be paid within 7 days.

to pay us within a few days.

(3) Access to the respective services/programs/coaching will only be granted if

when the corresponding amount has been received in the company account. Usually.

You will immediately receive your access data for the program or your link to access your

To generate a members' area.

(4) Access to our members' area will only be granted once the amount has been credited to our account. You will usually receive your [access] immediately.

Access data for the members' area or the link to access your access data for the

To generate a members' area.

(5) By becoming a member of one of the programmes you are entitled to monthly

to participate in the relevant services and use the content without limitation.

However, some of the services are subject to a fee even as part of the membership.

Membership fees are due upon booking and then monthly thereafter.

Membership is personal and not transferable to third parties.

(6) In some cases, we also offer payment in installments. The total amount is due in the

Compared to a full payment, this amount is increased. We will share the increased payment amount.

You can terminate an existing installment payment agreement early by making an early repayment. You have the right to pay the full amount (but then the increased installment amount) in part or in full at any time before the agreed term expires.

(7) Late payments shall be subject to penalties whether the purchase is made outright or in installment sales.

Memberships include interest at the statutory rate, as well as costs for appropriate purposes.

Reminders. If our internal dunning process is unsuccessful, we may hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for legal representation.

(8) If we have agreed on an installment payment and you pay after a written reminder

If no grace period is granted, we are entitled to terminate the installment payment prematurely and the entire outstanding amount will then become due immediately.

(9) You are not entitled to assert any claim against payment claims from us.

to assert a right of retention or set-off; unless the counterclaims are undisputed or have been adjudicated.

(10) If you default on payment or otherwise fall into arrears, we are entitled to

We will refuse performance or delivery until all outstanding payments have been made.

remain entitled to withhold, interrupt, delay or

to cease operations completely without being obligated to compensate for any resulting damages

to be. These rights apply without prejudice to other contractually agreed or

our legal rights and claims.

(11) The purchase price is due immediately upon ordering. Payment for the goods is made by

PayPal / credit card / prepayment or on account via bank transfer.

The purchase price must be paid in advance. I will only send your goods after receiving payment.

(12) The goods remain my property until full payment has been received.

(13) All prices include 19% VAT. Furthermore, the following apply:

Shipping costs will be added as stated in the offer and the shipping cost table.

specified.

5. Conclusion of the contract

5.1 The following applies to bookings made verbally, in person, by telephone, in writing, by email, SMS, WhatsApp, a messenger service, or via my contact form:

(1) In a coaching, consulting, mentoring or program, you have the opportunity to have an initial consultation to get an orientation for the

To take advantage of our consulting services, you can contact us by phone, email, or messenger service. The initial consultation/introductory meeting is already included in the programs and does not require any additional booking. It takes place in person, by phone, or via Zoom.

(2) In the initial consultation we will clarify whether and how our offer is suitable for you and your request

It works, and then we'll tailor it to your personal schedule. Any questions you answer in writing beforehand are, of course, for preparation purposes and will be deleted if no contract is concluded.

(3) Offer: By booking, you are making a binding offer to us to conclude a contract.

(4) Acceptance: The contract between us comes into effect upon receipt of our confirmation email.

Mail to you.

(5) You can pay by bank transfer or PayPal. You will receive an invoice from us by email. The full invoice amount is due immediately.

However, there is an exception for memberships. Here, a monthly payment is required.

due. In this case, the deposit amount and the further payment plan will be shown to you on the

Invoice shown. Once your payment has been received, you are entitled to

In return, you will receive our corresponding service or access to the members' area.

5.2. For bookings made online via my website www.smartheal.de The following applies:

(1) We use the services of united-domains.com on our website.

https://smartheal.de you can find my offers, which you can find under "work with me".

you can see.

(2) You can see directly which products are offered. Here you can select the desired one.

Select a product and you will then be taken to the product page. There you will find

You will find all the information, content, and prices here. You can then submit your purchase request to us via email using the "Your email request" button. Alternatively, you can purchase your product via PayPal.

(3) If you have decided to purchase the product directly, then click on the PayPal button.

a) PayPal: By selecting "PayPal" as your payment method and confirming by clicking the "PayPal" button, you will be redirected to the PayPal login page. A window will remind you that you are leaving the Smart Heal website. After successful login, your address and account details stored with PayPal will be displayed. Payment processing is handled by PayPal according to their terms and conditions. The service provider is PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.smartheal

b) Please note that with digital products and also with access to online courses – depending on the circumstances – there may be additional charges.

Depending on which payment method you choose, there may be delays in delivery via e-

This may occur via email or when the access data is sent.

The program is set up so that the digital product or online course access will only be sent once payment has been received. That means if you sign up for the

If you choose to pay by invoice, the product can only be activated once...

Your payment has been received and processed in the company account.

Furthermore, payment options such as prepayment or direct debit may cause delays of up to 5 days before you receive our product or can use an online course.

(4) You will receive an invoice from us via email. The full invoice amount is due immediately upon booking. As soon as your payment has been received, you are entitled to our

You will receive corresponding compensation or access to the members' area.

(5) You will also be notified of the applicability of the Terms and Conditions and the Privacy Policy. All texts can be found linked there.

Finally, you must agree to waive your right of withdrawal.

(6) By clicking on “Buy Now” you are making a binding offer

You are submitting an offer to us. This means you are offering us the opportunity to conclude a purchase agreement for the

Booking.

(7) Immediately after submitting, you will receive a confirmation email from us. In this

A contract is being concluded between us at that moment.

(8) If you have sent us your request for our offer by email, you will receive the offer, including the terms and conditions, the invoice and further information. By transferring the invoice amount, you accept our terms and conditions, submit your binding offer and propose to us to conclude a purchase agreement.

5.2. The following applies to bookings made via social networks or messengers:

(1) You can find an overview of my [information] by clicking on linktree/smartheal

offers listed there.

(2) By selecting your desired product, you will be taken to the page

www.smartheal.de.

(3) The purchase process is carried out as described under 5.2 Bookings via my website.

6. Delivery of goods and shipping costs

(1) Smart Heal obtains its supplies of bioenergetic agents via Compass

Bioenergetic. They deliver to addresses within Germany and the EU.

Deliveries to and within America are handled by Healers Who Share / Purely Resonance

(2) Depending on the country to which the goods are sent, different amounts of duty will apply

Shipping costs apply. All prices include VAT but exclude shipping costs.

respective shipping costs.

Shipping within Germany or the EU is calculated according to

Package/parcel size and the resulting weight.

(3) Usually, the estimated delivery time for each product is specified.

As stated. If no delivery time is specified in the item description, delivery within Germany takes 2-3 days via DHL after receipt of the

Order confirmation.

(4) There are no deliveries on Sundays and public holidays. If you have items with different

If you order within a specified delivery time, I will ship the goods in one combined shipment unless we have made other arrangements. The delivery time is determined by...

In this case, it will be the item with the longest delivery time that you ordered.

(5) For orders received Monday to Friday before 11:00 a.m., the

Dispatch on the second working day after the order date, provided the order date is not a public holiday.

(6) It should be noted that public holidays are not uniform across the country and the

Services are provided in different federal states. The above

The aforementioned special features for public holidays therefore apply to statutory public holidays in each case.

the federal states in which service providers are involved in processing an order

are.

(7) You will be informed immediately of any delivery delays.

(8) In the event that the ordered goods are unavailable, I reserve the right not to fulfill the order.

deliver. In this case, I will inform you immediately and already

Refund any payments received immediately.

7. Warranty for goods purchases

(1) The product images may differ from the appearance of the delivered products.

(2) If the goods are defective, I will, within a reasonable time,

Subsequent performance, i.e., ensuring the rectification of defects.

8. Right of withdrawal for consumers

(1) As a consumer, you are entitled to the following in accordance with the instructions set out in the Annex.

Right of withdrawal.

(2) The withdrawal period begins upon conclusion of the contract. The contract is concluded at that moment.

The purchase is completed when you receive a confirmation email from me.

You can cancel your purchase free of charge within 14 days.

(3) For services such as coaching / consulting, the following special provisions apply with regard to the right of withdrawal:

a) If you purchase the coaching/program and I contact you directly or within the 14-

If the service is to begin within the 14-day cancellation period, you waive your right to do so.

your right to withdraw from the contract.

b) I point this out before you complete your booking/order: “you are requesting

I expressly state that I can withdraw from the service before the end of the 14-day withdrawal period.

begin. You therefore waive your right of withdrawal if I

I will fully perform the service. In the case of partial performance to you (as a

Customer) within the cancellation period, I am entitled to this - even in the case of a cancellation -

the consideration (payment) for the service provided.”

(4) If the booking is cancelled within 14 days and I have notified my

If the service has already started during this period, you are only entitled to a pro-rata payment.

Reimbursement of your costs. Services already rendered will then be deducted from the reimbursement.

deducted proportionally.

(5) Regarding digital content/products, the following applies with respect to the right of withdrawal:

Special features:

a) If you buy a digital product and you want to access the entire product immediately after payment

By being provided with content, you waive your right to what you are entitled to.

Right of withdrawal.

b) Before completing the order, you declare that you waive your right of withdrawal:

"I hereby waive my right to a 14-day right of withdrawal,

so that I can directly and fully access the digital content.”

c) After completing the purchase of digital content, I confirm the expiration of the subscription.

of the right of withdrawal in such a way that you 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 my service or digital content,

But if you have provided me with your personal data, that expires.

Right of withdrawal by law upon commencement or provision of my service.

(7) When ordering Bioenergetic Forms, the right of withdrawal is excluded, as the goods are directly and specifically tailored to the consumer and therefore cannot be used in any other way.

9. Contract duration and termination

(1) The respective duration of our contract depends on the offer booked. In

As a rule, the contract ends automatically upon fulfillment. This means you have the

The full fee was paid and we provided the corresponding service.

(2) The right of each party to terminate the contract for cause remains unaffected.

We have the right to terminate the contract without notice, in particular if you

You are in arrears with your payments if you intentionally act against

violates the provisions of these Terms and Conditions and/or intentionally or negligently violates prohibited provisions.

You have committed certain actions or our relationship of trust has been permanently damaged.

10. Membership duration

(1) Membership begins on the booking date or at an agreed time.

and runs for the booked period.

(2) Membership may be terminated with due notice during the term of the membership. The notice period

Notice of termination is four weeks to the end of the month and must be given in writing. Failure to give notice within the deadline will result in...

If you cancel your membership, it will automatically renew for another month.

Month.

(3) The right of each party to extraordinary termination remains even in the case of membership.

unaffected. We have the right to terminate the contract without notice, in particular if you are in arrears with payments, or if you have intentionally

violates the provisions of these Terms and Conditions and/or intentionally or negligently violates prohibited regulations.

You have committed certain actions or our relationship of trust has been permanently damaged.

(4) Membership may be paused upon request. After termination of a

However, in the case of a corresponding pause and resumption of membership, you are not entitled to the original membership price, but rather to the price at that price.

to pay current membership price at the time

Part 3

Details regarding services offered and cancellation policy

11. Duration of a consultation session and location of the coaching / mentoring consultation

(1) The duration of a coaching/ mentoring session depends on the booked offer/

Program.

(2) Coaching/mentoring takes place on a one-to-one basis, in person, via Zoom or in groups, depending on the agreement.

(3) For coaching/mentoring sessions and consultations held online or via Zoom, a recording will be available for later viewing by participants who cannot attend live. This does not apply to additional meetings or individually tailored calls.

(4) Unless otherwise agreed between us, the coaching / mentoring will take place

in person, by phone /Zoom/or at the agreed address.

12. Scope of services and services not used

(1) The scope of services of the product depends on the coaching program or

the offer. Only the listed services are owed. Further,

Additional services are purely voluntary and it is at our discretion which ones are offered.

The manner in which these additional services are provided.

(2) We reserve the right to unlock lessons for individual programs gradually over time and not immediately upon purchase. The extent to which you can access them after booking a respective program will vary.

How you have access to the program will be explained on the respective product page.

(3) We further reserve the right to modify programs and individual lessons or

to postpone training sessions or, if necessary, cancel them altogether. In such a case,

However, you have no right to cancel the program or receive a refund.

Payments made.

(4) If a booked appointment is repeatedly cancelled by a participant, no further action is required.

Another appointment will be offered. This appointment will then be cancelled. The entitlement to the

Payment for the appointment remains due. The payment for the appointment will be retained.

There is no entitlement to a refund.

(5) For online appointments, especially group appointments, there is the possibility

You can watch the recorded sessions later. There is no guarantee of live participation. Session dates will be announced well in advance so that participants can reserve the time.

(6) If you cancel a booked coaching/consulting session, you are not entitled to a refund of your payments made.

13. Cancellation of coaching/consulting appointments by the client

(1) If you are a consumer, then after the 14-day period you can

Right of withdrawal from the contract under the conditions set out in paragraph (2)

resign.

As a business owner, you do not have a right of withdrawal. However, the cancellation policies apply.

This also applies to businesses. Cancellations can only be submitted via email to

Please contact support@smartheal.de.

(2) The cancellation fees will vary depending on when you notify us of the

I receive a cancellation notice.

• Cancellation free of charge up to 2 weeks before the start.

• 50% of the total fee or participation fee from 2 weeks before the start

• From 48 hours before the start, 100% of the total fee or participation fee.

(3) If you have booked for multiple people, these cancellation conditions apply to each individual person.

(4) If you terminate the coaching/mentoring arrangement, the full fee will be retained.

14. Cancellation by Smart Heal

(1) We are entitled to offer group (online) coaching/coaching programs

/Consultation appointments can be changed to a new date at short notice and without giving reasons.

(2) We are also entitled to cancel (online) coaching sessions (one-on-one or for groups) if the instructor becomes ill at short notice and no replacement can be found. If this is not possible, the session will be rescheduled with a comparable service. You are not entitled to a refund of your payment.

(3) If a participant acts in breach of contract by violating these General Terms and Conditions

If the user violates the terms and conditions, we have the right to remove them from the (online)

To exclude coaching/coaching programs. This is particularly the case if the

Participants are disrupted by the process of the (online) coaching/mentoring program and also

This applies if a participant fails to cease a violation after being requested to do so, or if a participant repeatedly fails to keep agreed-upon appointments (e.g., scheduled meetings), as well as in cases of defamation.

In this case, no costs will be refunded.

Part 4

Customer rights and obligations

15. Access to the coaching program

(1) This is a personal and non-transferable access to

Coaching program/online course on digital products. Goods will be shipped.

not.

(2) You will receive the login details for your member area via email. You are

entitles the user to download the digital content on a maximum of 3 different devices.

(3) The duration of access to the programs depends on the respective runtime.

If no duration is specified, your access ends 12 days after the purchase date.

Months.

(4) The login details sent during registration (username, password)

etc.) are to be kept secret by you and not made accessible to unauthorized third parties.

(5) Ensure that access to and use of your user data

This is done exclusively by you. If there are any facts that justify the assumption that unauthorized third parties have gained knowledge of your access data, please inform me immediately so that I can block or change it.

(6) We may temporarily or permanently block your access if there are specific reasons why you have to do this.

There are indications that you are violating these terms and conditions and/or applicable law,

have violated or if I have any other legitimate, significant interest in the

I have a ban. When deciding on a ban, I will consider your legitimate interests.

Consider interests appropriately.

(7) Access is only granted after payment has been received for the digital

Product.

(8) If you have questions about the use of the services you have purchased or if you cannot access them

If it works, you can contact our support. support@smartheal.de turn around.

16. Right of use to the digital content or documents from the

Coaching/Mentoring Program

(1) Audio/video and PDF files and other documents may be used by you and only for the

It can be downloaded and printed for personal use only.

Downloading and printing files is permitted. Therefore, you may...

Printouts can also be made with technical support from third parties (e.g., a copy shop).

Let us. Furthermore, all rights of use to the files and documents remain with us.

reserved. This means that the samples and documents, as well as the mediated content, are subject to change without notice.

Knowledge must not be made accessible to third parties, neither free of charge nor

These documents are subject to a fee. They are also not intended for use in consulting sessions.

(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 use for purposes other than one's own studies, whether for remuneration or

free of charge, during and also after the termination of the express prior

written consent from us.

(3) The trademarks and logos listed on the documents enjoy protection under the

Trademark law and/or copyright law. You are obligated to comply with the laws accessible to you.

Documents and files only within the scope expressly permitted here or by virtue of compelling reasons

to use the legally permitted framework even without our consent and not to promote unauthorized use by third parties. This also applies after termination.

Withdrawal or termination of participation.

(4) Uses permitted by mandatory legal provisions,

They are, of course, exempt from this requirement of approval.

17. Collection, storage and processing of your personal data

(1) To process and complete a booking, we need the following information from you

Data:

• First and Last Name

• Address

• E-mail address

For businesses, also company name and VAT ID number.

The specific data that is absolutely necessary is determined by the mandatory fields for each.
by product.
(2) For services subject to a charge, the information relating to the name, in particular the
The company name must be correct. The same applies to the address. The invoices will be
Created based on this information. Should corrections be necessary, this may lead to...
This will result in additional expenses, which I will charge at a reasonable rate.
(3) In the event of a change to personal details, especially a change of email address,
Please send your address via email to: support@smartheal.de.

18. Collection, storage and processing of your personal data by us and our partners Vitas, Hellers Who Share and United Domain

The specific data that is absolutely necessary can be found in the mandatory information for each [application/section].
by product.
1. We use the provider “United Domain” for our website.
  You can view United Domain's privacy policy here:
  https://de.wix.com/about/privacy
  2. In our collaboration with the Vitas laboratory, your personal data for the Balance Test will not be transmitted, but rather assigned to your result in the form of an identification number, which is only available to you and me for personal evaluation.
  3. As part of the evaluation of the energy field analysis, your data will be forwarded to Hellers Who Share for follow-up verification, only for the necessary verification purposes.
  
  After our collaboration has ended, your data will be removed from the file in accordance with data protection laws.
  
  You can view our privacy policy here:
  https://smartheal.de/Impressum/Datenschutz
  
  We use the data you have provided without your separate consent.
  exclusively for the fulfillment and processing of your evaluations / order(s), such as for the delivery of goods to the address you have provided.
  
  19. Providing suitable IT infrastructure and software in-house
  
  You are responsible for providing and ensuring internet access (hardware,
  Telecommunications connections, etc.) and other technical equipment and software necessary for using our online services (especially web browsers and PDF programs such as Acrobat Reader®, Zoom) are the responsibility of the user and are at their own expense and risk.
  
  20. General information about the offers with Smart Heal
  
  (1) The coaching program is based on cooperation.
  (2) Participation in the coaching program requires a willingness to learn independently.
  ahead. We cannot promise any specific success for these processes. We are
  They merely act as process facilitators, providing assistance, templates, and instructions.
  Implementation and the making of health decisions/decisions are the responsibility of
  Just you.
  (3) We are not liable for any misinterpretation or incorrect application of our content.
  We don't. Each participant is responsible for their own implementation.
  (4) You are fully responsible for your physical and mental health both during the session and in the period between appointments.
  All actions you may take as a result of the coaching are your own responsibility. If you have a mental health condition or have been medically diagnosed with one, please consult your doctor to determine if coaching/mentoring is appropriate for you. We reserve the right to terminate the coaching in such cases.
  (5) Our coaching/consulting is solely intended to support and improve your daily routines for managing your health. However, our advice does not replace medical advice or treatment. We strive for collaborations that support the well-being of our clients.
  (6) In the context of events, the team leader, seminar leader, event manager
  towards the participants, during the retreat, the event or the workshop
  authorized to give instructions.
  (7) Participation in our events such as workshops, events, retreats
  Coaching and cooperation with us is at your own risk.
  (8) We accept no liability for valuables brought along.
  (9) Within the framework of the legal provisions, you are obliged to, when the occurrence of
  to help prevent performance issues and to avoid or minimize potential damage.
  We ask that you inform us of any complaints immediately.
  
  21. Know-how protection and confidentiality
  
  (1) You are aware that all information you receive during our
  You will receive information about the way in which I deliver my services (from us) regarding cooperation.
  developed ideas, concepts and operational experience (know-how) and the resulting
  which must be kept secret due to legal regulations or the nature of the matter, to the
  These are subject to trade secrets. For this reason, you agree to...
  to maintain trade secrets and to remain silent about the aforementioned information.
  (2) Within the framework of a written agreed reference, you are entitled to discuss the nature and
  How to speak/write to us regarding cooperation.
  (3) The obligation of confidentiality shall continue beyond the end of our cooperation
  out.
  (4) The following information is not subject to confidentiality:
  • were already known prior to the confidentiality agreement,
  • which were developed independently of us,
  • information was or is publicly accessible at the time of receipt or subsequently
  through no fault of yours, they became publicly accessible.
  (5) For each breach of the confidentiality obligation, an appropriate contractual penalty shall be imposed.
  due.
  
  Part 5
  Confidentiality and liability regulations
  
  22. Confidentiality of both parties
  
  (1) We undertake to maintain confidentiality regarding all your confidential information during and after the coaching/mentoring program.
  (2) You are obliged to disclose all information that is to be treated as confidential, of which
  You gain knowledge during the course of the collaboration, you are to maintain confidentiality and
  These are only to be made with prior written agreement with us towards third parties.
  use. This also applies to all documents that you receive from us as part of the coaching / mentoring program or to which you have access.
  (3) In group programs, the obligation of confidentiality also applies to confidential matters.
  Information from the other participants that you receive as part of the program about this
  you will find out.
  
  23. Liability for content
  
  (1) In the coaching / mentoring program / in the consultations we show patterns and/or
  I will outline possible courses of action and, if necessary, provide general recommendations.
  Implementation responsibility and the making of health-oriented decisions/
  The decisions are entirely up to you.
  (2) The files and documents we provide are templates that you must adapt to your needs. We assume no liability for their completeness or accuracy.
  This pattern will not be adopted.
  (3) We reserve the right to optimize and adapt the content at any time.
  
  24. Limitation of Liability
  
  (1) We are liable for intent and gross negligence. Furthermore, we are liable for negligent
  Breach of obligations, the fulfillment of which is essential for the proper execution of the
  The contract is only made possible in the first place, the breach of which prevents the achievement of the contract's purpose.
  at risk and whose compliance you can regularly rely on. In the latter case
  However, I am only liable for foreseeable damages typical of this type of contract.
  I am not liable for slightly negligent breaches of obligations other than those mentioned above.
  The obligations mentioned in the sentences.
  The foregoing disclaimers of liability do not apply in cases of injury to life, body and
  Health. Liability under the Product Liability Act remains unaffected.
  (2) Data communication via the Internet is possible according to the current state of the art.
  We cannot guarantee that the technology is error-free and/or available at all times. We are liable.
  insofar as this does not guarantee the constant and uninterrupted availability of the service.
  (3) All of the aforementioned limitations of liability also apply to our
  Agents.
  
  25. Note regarding medical law
  
  Within the framework of legal regulations, we expressly point out that
  The products offered here are not medicines or remedies within the meaning of the law.
  Legal regulations and application recommendations do not replace medical treatment or therapy. Our advice and support aim to provide our clients with a better understanding of health and life issues.
  
  26. Use of subcontractors
  
  (1) We are authorized to engage subcontractors on our own behalf without requiring your separate consent.
  (2) We have a non-disclosure agreement with the subcontractor.
  completed.
  
  27. Force Majeure
  
  (1) Force majeure shall exist if an external event that is not within the scope of the business
  showing correlation, even through the most extreme, reasonably to be expected
  Due diligence is required when an unavoidable event occurs. Force majeure is assumed in the case of...
  Natural disasters (floods, earthquakes, natural disasters, storms, hurricanes,
  Fire, during political events (wars, civil wars), as well as other events, such as
  Plagues, pandemics, epidemics, diseases and quarantine orders by
  Authorities, countries and states.
  The lists are not exhaustive; comparable events such as those listed below are also included.
  The events mentioned in paragraph 1 fall under the definition of force majeure.
  (2) The party that first learns of the event shall inform the other party promptly.
  (3) In the event of force majeure as defined in paragraph 1, we agree that initially
  Contractual services will be suspended for the duration of the disability. This means that
  Services from both parties will be suspended for the time being. Payments already made in advance will be suspended.
  Fees for consultations, events, courses, etc. will remain with us during this period. Should
  If you still have payments to make, then the payments for already made
  You still have services to provide. You can pause payment for services not yet rendered for the duration of the contract suspension.
  After the unforeseen event has ended, the contract will be reinstated.
  recorded.
  Each party shall bear its own further potential damages.
  (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 written form.
  You are required to pay for the services we have already provided. Any payments made in advance...
  Fees are to be reimbursed by us. If you have made a payment that entitled you to a
  This fee will not be charged if you are seeking to secure a guaranteed place in one of my events/courses.
  refunded, as the service of securing you a place was provided by us and
  regardless of whether the event/course takes place or not.
  Any additional ticket fees, online course fees, etc. will of course be reimbursed to you.
  reimbursed. Even in the event of this termination, each party bears further damages (e.g.
  hotel bookings, flight bookings, etc.) yourself.
  (5) In the event that the event lasts longer than 12 months, the contract will be
  The matter will be resolved. We will then issue a final invoice. This invoice will include...
  The services we have provided and your payments will be listed. In case,
  that you still have to make payments for services already rendered, these must
  Payment must be made within 14 days of receiving the final invoice.
  If a credit is issued in your favor, it will be issued within 14 days.
  Payment will be made after the final statement has been sent. The final statement can be attached as a PDF file.
  will be sent by email. Further claims due to force majeure are excluded.
  excluded. Each party bears its own costs for any damages incurred.
  
  Part 6
  Final provisions and jurisdiction
  
  28. Amendment to these Terms and Conditions
  
  These terms and conditions may be changed if there is a legitimate reason for the change.
  This could include, for example, changes in legislation, adjustments to my offers,
  Changes in case law or a change in economic circumstances
  I will inform you in a timely manner of any significant changes that affect you.
  The planned changes. You have a 14-day right of withdrawal after receiving this information.
  After this period expires, these new regulations will become an effective part of the contract.
  become.
  
  29. Final Provisions
  
  (1) These terms and conditions are complete and final.
  To avoid any ambiguity or dispute between us regarding the agreed contract content, any changes and additions to these terms and conditions should be made in writing – email (text form) being sufficient.
  (2) If you as a consumer at the time of concluding the contract have your residence or
  you had your habitual residence in Germany and either at the time of the
  You have moved your residence or your address from Germany, or your residence or your
  If the habitual residence at that time is unknown, the place of jurisdiction for all matters is [the place of jurisdiction for all matters].
  Disputes over the headquarters of Smart Heal in Burg / Spreewald.
  For merchants within the meaning of the German Commercial Code (HGB), legal entities under public law or public-
  The place of jurisdiction for this special legal asset is the registered office of Smart Heal.
  (3) We would like to inform you that, in addition to the ordinary legal process, you also have the right to the
  Possibility of out-of-court settlement of disputes in accordance with Regulation (EU)
  No. 524/2013 is available. You can find details in Regulation (EU) No.
  524/2013 and at the following internet address: http://ec.europa.eu/consumers/odr
  We do not participate in the dispute resolution process.
  (4) Should any provision of this Agreement be or become invalid, the remaining provisions shall remain in full force and effect.
  This does not affect the remainder of the contract. The provision agreed upon in the regulation
  The scope of services must then be adjusted to the legally permissible extent.
  Version 1
  As of March 2025.
  
  Appendix 1:
  
  Consumer information and cancellation policy
  
  (1) The language available for concluding the contract is
  German only.
  (2) The presentation of my services on the website does not constitute a binding
  This is an offer from me. Only when you book a service is it a
  Binding offer pursuant to § 145 of the German Civil Code (BGB). In the event of acceptance of this offer
  I will send you a booking confirmation via email. This will include the
  A contract for the booking/purchase is concluded.
  (3) The prices I have quoted are gross prices including
  Taxes (for Germany).
  (4) The data required for the execution of the contract between you and me
  They are stored by me and are accessible to you at any time. Insofar as...
  I refer you to the provisions of the privacy policy on my website.
  (5) As a consumer you have a right of withdrawal in accordance with the following
  Instruction
  
  CANCELLATION POLICY
  RIGHT OF WITHDRAWAL
  
  As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
  Reasons to cancel the contract.
  Please note:
  You are not entitled to a right of withdrawal if you expressly stated this when making your booking /
  You have agreed to your purchase, that I may already contact you before the end of the cancellation period.
  the execution of the service is to begin and this service is to be completed
  was provided or the entire scope of the digital content / product is available to you.
  will be made available. If I have partially provided the service, it is available to you.
  In this respect, there is no longer a right of withdrawal.
  Deadline begins when booking coaching/mentoring programs / consulting
  The cancellation period is fourteen days from the date of conclusion of the contract.
  The contract is concluded on the day you receive confirmation from me after successful completion.
  You will receive a confirmation email after booking/purchase/or I will receive one
  You have placed a delivery order by telephone, email or order form.
  Time limit begins when purchasing physical products
  The cancellation period is fourteen days from the day on which you or someone appointed by you
  a designated third party, who is not the carrier, who has taken possession of the goods.
  If you have ordered multiple items, the date on which you or someone appointed by you orders them applies.
  a designated third party, who is not the carrier, took possession of the last goods
  has.
  
  Statutory right of withdrawal
  
  As a consumer, you can withdraw your contractual declaration within 14 days without [reason not specified].
  A written statement of reasons (e.g., letter, fax, email) or – if you prefer –
  The item is handed over before the deadline expires – also by returning the goods.
  revoked.
  Since the products, especially bioenergetic remedies, were custom-made for you, returns are not accepted. Therefore, returns are only accepted after consultation with Smart Heal and must be in their original, undamaged condition.
  The deadline begins upon receipt of this instruction in written form, but not before receipt of the
  Goods at the recipient's premises (in the case of recurring deliveries of similar goods)
  (not before receipt of the first partial delivery) and also not before fulfillment of our
  Information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2
  EGBGB and our obligations pursuant to Section 312g Paragraph 1 Sentence 1 of the German Civil Code (BGB) in conjunction with
  with Article 246 § 3 EGBGB. To comply with the withdrawal period, timely notification is sufficient.
  Dispatch of the cancellation notice or the item.
  Damaged products from the shipment can be replaced after clarification of the facts.
  Smart Heal and will be replaced without any fault on your part. Partially used
  Goods cannot be returned or exchanged.
  To exercise your right of withdrawal, you must contact
  
  Smart Heal
  Black Corner 37
  03096 Burg / Spreewald
  or at support@smartheal.de
  
  by means of a clear declaration (e.g. a letter sent by post, fax)
  or email) inform us of your decision to withdraw from this contract.
  You can use the attached sample cancellation form for this, however, it is not
  is prescribed.
  
  Consequences of revocation
  
  In the event of a valid cancellation, the services received by both parties are to be refunded.
  to return the loan and, if applicable, to surrender any benefits derived (e.g., interest).
  Can you tell us about the service received and its uses (e.g., benefits of use)?
  not to return, or not to return partially, or only in a deteriorated condition
  or return it, you must compensate us accordingly. For the
  You must compensate for any deterioration of the item and for any benefits derived from its use.
  only provide compensation to the extent that the use or deterioration is attributable to handling of
  is attributable to the matter, which is about the examination of the properties and the
  beyond the functionality. Under "Examination of the properties and the
  "Functionality" refers to the testing and trying out of the respective product.
  as is possible and common in a retail store. Furthermore, you can
  Obligation to provide compensation for value lost through proper use
  Avoid any deterioration of the item by not treating it as
  Use their property and refrain from doing anything that diminishes its value
  Affected. Items that can be shipped by parcel must be returned at our risk.
  You are responsible for the regular return shipping costs if the delivered item is defective.
  The goods correspond to the ordered item and if the price of the item to be returned is
  does not exceed an amount of 40 euros, or if you pay a higher price
  The item has not yet received consideration or a [something] at the time of revocation.
  have made the contractually agreed partial payment. Otherwise, the return is not possible.
  Free of charge for you. Obligations to refund payments must be fulfilled within
  The deadline must be met within 30 days. The deadline begins for you upon dispatch of your
  Notice of cancellation or of the item, for us upon its receipt.
  
  Appendix 2:
  
  Link to the sample form
  To meet the cancellation deadline, it is sufficient that you send the notification about the
  You must send your exercise of the right of withdrawal before the withdrawal period has expired.
  
  CONSEQUENCES OF WITHDRAWAL
  
  If you cancel this contract, I will refund all payments you have made.
  I have received from you, at the latest within fourteen days from the day
  to be repaid on the date on which the notification of your cancellation of this contract is received by
  I have received this refund. I will use the same payment method for this refund.
  that you used in the original transaction.
  If you made the payment via bank transfer, please send me your bank details.
  with, since I can only see part of your account details on the bank statement.
  Did you agree that I could return the item before the 14-day cancellation period has expired?
  If you are to start with the service, then you have also given me the following for these services.
  to provide consideration (fee) and therefore no right to reimbursement.
  CONSEQUENCES OF WITHDRAWAL for physical products
  If you cancel this contract, I will refund all payments I have received from you.
  have received, including delivery costs (excluding additional charges)
  Costs resulting from your choosing a different delivery method than the one provided by
  (you have chosen the cheapest standard delivery offered to me), immediately and
  to be repaid no later than fourteen days from the day on which the
  I have received notification of your cancellation of this contract. For this
  For the refund, I will use the same payment method you used for the original purchase.
  You have used the transaction, unless something else has been explicitly agreed upon with you.
  agreed; under no circumstances will you be charged any fees for this repayment.
  calculated.
  
  Appendix 3:
  
  SAMPLE CANCELLATION FORM
  Sample cancellation form according to
  Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB
  
  Smart Heal
  Black Corner 37
  03096 Burg / Spreewald
  or at support@smartheal.de
  
  I/We (*) hereby revoke the contract concluded by me/us (*) concerning
  Booking the coaching program/online course / bioenergetic form
  (Description, so that it can be clearly determined which booking refers to)
  the revocation relates)
  ▪ booked on: (*)
  ▪ Goods received on (*):
  ▪ Confirmation email received on: (*)
  ▪ Name of consumer(s);
  ▪ Address of the consumer(s);
  ▪ Account details for the refund
  ▪ Signature of the consumer(s) (only for notifications on paper);
  Date
  (*) Delete as appropriate