General Terms & Conditions
1. SCOPE
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions between LUXE LEGACY FZCO, represented by Yasmin Breden, Dubai Silicon Oasis, DDP Building A2, 00000 Dubai, UAE (hereinafter referred to as “Seller”) and you as the customer (hereinafter referred to as “Customer”).
The term “Customer” in these terms and conditions refers to people of all genders.
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The Seller provides all of the services described herein exclusively on the basis of these GTC. Differing terms and conditions of the Customer do not become part of the contract even if the Seller does not expressly object to their validity.
The sales of digital products are handled via online shop platforms (hereinafter referred to as “Online Shop”). The respective terms of use of these platforms apply.
2. CONCLUSION OF CONTRACT
The presentation of the goods and services offered in the Online Shop does not constitute a binding offer from the Seller. Only the ordering of goods or services by the Customer constitutes a binding offer.
The Seller is entitled to reject contract offers without giving reasons.
a) 1:1 programs
The Customer usually contacts the Seller via a booking request via message or email or, in the case of digital products, through automated order processing. For individual coaching, an application is submitted digitally by the Customer using a questionnaire sent to them. If the Customer decides to purchase the service and the Seller also wishes to conclude a contract, the Customer will receive the information relevant to the purchase by email from the Seller (offer). The contract is then concluded by confirming acceptance of the offer by the Customer.
b) Digital products
When booking digital products via the Online Shop, order processing is automated.
In the case of digital products, the Seller grants the Customer a non-exclusive right, unrestricted in terms of location and time, to use the digital content provided for private and internal business purposes. Passing on the contents or accesses to third parties or copying them for third parties is not permitted unless the Seller has given his permission in advance in writing.
3. SUBJECT OF THE CONTRACT COACHING/MENTORING
The parties agree that coaching is a free, active and self-responsible process and that certain successes cannot be guaranteed.
The Seller offers various programs (e.g. masterminds, master classes, online courses) that aim to analyze, process and optimize the Customer's current situation.
Digital content is made available to the Customer in electronic form, either as a download, as a login in the Online Shop, in the member area on the website or by email.
The contents of the programs can be seen on the Seller's website, in the Online Shop or in the individual offer. The content and services agreed at the time of booking apply.
The Seller reserves the right to adapt the content of the products at any time at its sole discretion. Any claims by the Customer due to adjustments to the product content are excluded.
When "lifetime access" to products is granted, this refers to the ability to access a product or service for the lifetime of the product as long as it is available on the platform. This means that the Customer can use the product or service for as long as it exists and is not withdrawn from the market.
If the seller is available beyond the programs, the resulting additional expenses shall be invoiced according to the agreed or customary hourly or daily rate.
4. SUBJECT OF THE CONTRACT DIGITAL PRODUCTS
Digital products are made available to the Customer in electronic form, either as a download, as a login in the Online Shop, in the member area on the website or by email.
5. PAYMENT TERMS
The prices stated at the time of ordering apply.
Payment is made using the payment methods provided in the Online Shop or by invoice. The purchase price for digital products in the Online Shop is due immediately upon ordering. Invoices must be paid within 10 days to the account specified on the invoice.
Payment in installments can be agreed upon request or availability in the Online Shop.
If an installment payment is overdue, the Customer is automatically in default.
If installment payments are overdue twice in a row, the missing and remaining installments will become due immediately as a one-off payment.
If the Customer still does not pay, the Seller can immediately take legal action without further communication or reminder.
If payments are overdue, the Seller reserves the right at any time to temporarily or permanently block access to the services in the event of the Customer's default.
The Customer can only offset claims from the Seller with counterclaims that are undisputed or have been legally established or are ready for a decision.
6. TERMINATION
Once the agreed service has expired, the contract ends automatically and does not require termination.
If the Customer terminates the cooperation prematurely after it has begun, the entire amount is due. A refund is excluded. Early termination must be made in writing.
If the Seller terminates the cooperation prematurely after it has begun, the Seller will refund the amount exceeding the service provided. This does not apply if the early termination of the cooperation by the Seller is due to the fault of the Customer.
An extraordinary termination option remains unaffected.
7. RIGHTS AND OBLIGATIONS OF THE SELLER
The Seller is obliged to use all options available to him for the benefit of the Customer. If the Seller is no longer able to carry out the service on the agreed terms, he is obliged to inform the Customer of this immediately. Upon request, the Seller will disclose the procedures and methods used and will also explain their benefits and possible risks upon request.
The Seller is subject to confidentiality regarding all information that becomes known during the collaboration. The Seller's obligation of confidentiality can only be lifted with the consent of the Customer.
The Seller protects and respects the interests of the Customer at all times. He does not influence the Customer in terms of his own personal, political, religious or other views.
8. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The Customer is responsible for providing and guaranteeing internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software necessary for using the products (in particular web browsers and PDF programs such as Acrobat Reader®) himself and at his own expense and risk.
The Customer is responsible for his own physical and mental health before, during and after the entire collaboration and acknowledges that all steps and (implementation) measures taken by him as part of the collaboration are his own responsibility.
The Customer is engaged and active throughout the entire process. He prepares exercises in preparation for upcoming appointments and undertakes to attend all agreed appointments punctually and conscientiously. The cancellation of an appointment must be made at least 24 hours before the start. Appointments that are not canceled or not canceled in a timely manner will be charged at 100% and cannot be rescheduled.
The Customer takes an active and committed part in the collaboration. The Seller can only give suggestions for change and reflection. The Customer is aware that he must actively and appropriately implement these suggestions so that the collaboration can be successful.
9. WARRANTY DISCLAIMER
The Seller does not guarantee any desired or planned success or the achievement of goals in the joint work. However, the Seller and Customer work together to the best of their knowledge and ability to ensure that success can occur.
10. COPYRIGHTS AND CREDITS
The Seller is the owner of the rights to the contractual services. All designs and works created by the Seller are protected by copyright. The Seller grants the Customer a non-exclusive, geographically and (unless otherwise agreed) time-unlimited right to use the content provided for private, non-commercial purposes. Passing on the contents to third parties or copying them for third parties is not permitted unless the Seller has given his permission in advance in writing.
11. CONFIDENTIALITY
The Seller undertakes not to use or disclose to third parties any business and trade secrets or confidential information of the Customer that become known during the work for the Customer without the Customer's prior consent.
In addition, the contracting parties agree to confidentiality regarding the contents of the contract and knowledge acquired during the execution of the contract.
The confidentiality obligation applies to business and trade secrets as well as to personal, sensitive information of the Customer beyond the termination of the contractual relationship.
12. PRIVACY
The Seller ensures that personal data from Customers is only collected, stored and processed to the extent that this is necessary for the provision of services in accordance with the contract and is permitted by legal regulations or ordered by law. The Seller will treat personal data confidentially and in accordance with the provisions of applicable data protection law and will not pass it on to third parties unless this is necessary for the fulfillment of contractual obligations and/or there is a legal obligation to transfer it to third parties.
Further information on data protection and the purpose, type and scope of the collection, processing and use of personal data on the website can be found in the data protection declaration, which can be found under XX can be accessed at any time.
13. RIGHT OF WITHDRAWAL
Consumers in the European Union have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
A. RIGHT OF WITHDRAWAL policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must contact us (LUXE LEGACY FZCO, represented by Yasmin Breden, Dubai Silicon Oasis, DDP Building A2, 00000 Dubai, UAE, email: team@yasminbreden.de) by means of a clear statement (e.g. letter or email) about your decision to withdraw from this contract.
You can use the attached form, although this is not mandatory.
In order to meet the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must repay all payments that we have received from you immediately and no later than fourteen (14) days from the day on which we received notification of your withdrawal. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of withdrawal with regard to this contract compared to the total scope of services provided for in the contract. If the service has been fully provided before the withdrawal period has expired, the right of withdrawal expires.
B. withdrawal form
If you want to withdraw from the contract, please fill out this form and send it back.
At
LUXE LEGACY FZCO
represented by Yasmin Breden
Dubai Silicon Oasis
DDP Building A2
00000 Dubai
UAE
Email: team@yasminbreden.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods/services
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
________________________________________________________
Address of the consumer(s)
________________________________________________________
Signature of the consumer(s) (only for paper notification )
_________________________
Date
(*) Delete what is not applicable
14. LIABILITY
The Seller is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
Furthermore, the Seller is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract and on whose compliance the Customer can regularly rely. In the latter case, however, the Seller is only liable for foreseeable, contract-typical damage. In addition, the Seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
Likewise, no liability or guarantee is assumed for the timeliness, accuracy, appropriateness and/or completeness of the service or content, neither expressly nor implicitly.
Given the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. The Seller is not liable for the constant and uninterrupted availability of the Online Shop or the products.
The limitations of liability apply accordingly to legal representatives, agents and vicarious agents of the Seller.
15. FINAL PROVISIONS
Changes to these GTC will be communicated to the Customer in writing or by email. If the Customer does not object to this change within two weeks of receipt of the notification, the changes are deemed to have been accepted by the Customer. In the event of an objection, the Seller has the right to terminate the contractual relationship with the Customer upon the planned entry into force of the changes.
As far as it is possible to agree upon, the laws of Germany shall apply to disputes arising out of or in connection with these GTC, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction shall be Bremen, Germany.
The European Commission provides a platform for online dispute resolution (OS), which can be found here: [https://ec.europa.eu/consumers/odr/]. The Seller is neither obliged nor willing to take part in a dispute resolution procedure in front of a consumer arbitration board.
Should individual provisions of this GTC be or become invalid or contradict the legal regulations, the remaining provisions of this GTC remain unaffected. The invalid provision will be replaced by a legally effective provision by mutual agreement between the contracting parties, which comes closest to the economic meaning and purpose of the invalid provision. The above provision shall also apply accordingly in the event of loopholes.
