General Terms & Conditions

Patricia Weiss
Marktgasse 4, 7122 Gols, Austria
(hereinafter “Provider”)

Status 18.08.2021

1. Validity and conclusion of contract

These GTC apply to all contracts of the Provider with customers (hereinafter “Customers”).

Other conflicting terms and conditions (e.g. GTC) of third parties (e.g. the customer) shall only apply in the event of express written confirmation. This also applies in the event that the customer bases the conclusion of the contract on its own GTC, even if the provider does not object to these upon knowledge.

The contract is concluded by selecting a service in the online shop, filling out a from and purchasing a product.

2. Essential features of the service

The Provider provides assistance in achieving a physical or energetic balance.

3. Obligations of the clients

In order to be able to use the Provider’s services to the full extent, the Customer must use or enable the use of the latest (browser) technologies. If older technologies are used, the Customer may not be able to use the services of the provider to the full extent.

The Customer must treat the access data (password, username) as strictly confidential and protect it from unauthorised access by third parties. If the Customer passes on the access data (password, username) to third parties, the Customer shall be liable to the Provider for all damage caused as a result

4. Duration and termination

When concluding a contract for a single service (e.g. counselling), the contract is fulfilled with the execution of the respective services. If the Customer concludes a subscription, this is concluded for a period of one year. The Customer and the Provider have the right to terminate the subscription up to 14 days before the end of the contract period. If the Customer does not terminate the contract, the subscription shall be automatically extended by a further year.

Furthermore, the provider is entitled to terminate the contractual relationship with immediate effect for good cause. Important reasons are in particular:

A breach of these GTCs;
The provision of false data;
Violation of third party rights (in particular data protection, copyright or personal rights);
Violation of other legal provisions.

5. Right of withdrawal of the consumer pursuant to § 11 FAGG (Austrian Distance Selling Code)

5.1. Right of withdrawal

The Customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), may withdraw from a contract concluded outside the business premises of the company or from a distance selling contract – if no statutory exemption applies – within fourteen calendar days without stating reasons. The withdrawal period is fourteen calendar days. In the case of contracts on digital content or services, it begins with the conclusion of the contract. It is sufficient if the Customer has sent the declaration of withdrawal within the period.

The declaration of withdrawal can also be made electronically using the model withdrawal form below. If the delivery of digital content not stored on a physical data carrier is commenced prematurely before the expiry of the withdrawal period and the consumer consents to this and is informed of the loss of the right of withdrawal, the Customer has no right of withdrawal.

5.2. Consequences of revocation

If the consumer withdraws from the contract, step by step (as far as applicable)

the Provider to reimburse the payments made by the Consumer (Customer), including the delivery costs (with the exception of the additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by the Provider), and to reimburse the necessary and useful expenses made by the Customer on the matter, as well as
the Customer to return the goods received and to pay the Provider an appropriate fee for the use, including compensation for any associated reduction in the fair market value of the goods.
The Customer has to bear the direct costs of the return shipment himself.
If the Customer withdraws from a contract for the supply of digital content not stored on a tangible data carrier, he shall not be liable to pay for any services already provided by the Provider.

5.3. Sample cancellation form

If the customer wishes to revoke the contract, the following form can also be used:

“I/we (*) hereby revoke the contract concluded by me/us (*) for XXX.
Conclusion of contract/purchase on …
Name of the consumer(s) …
Address of the consumer(s) …,
Date…
Signature of the consumer(s)“.

The completed text can be sent by post or e-mail:

Patricia Weiss
Marktgasse 4, 7122 Gols, Austria
patricia.s.weiss@gmail.com

5.4. Cancellation of the right of withdrawal according to § 18 FAGG

If the service is started prematurely before the end of the withdrawal period and the Customer agrees to this and is informed of the loss of the right of withdrawal, the Customer has no right of withdrawal.

6. Prices

Prices include VAT unless otherwise stated in detail. Payments for subscriptions are due annually in advance. Delivery charges do not apply. If the Customer is in default of payment, or if payments cannot be debited from the specified means of payment, the Provider may terminate the contract immediately and discontinue the services, however, in the case of consumers, by setting a one-time grace period of 7 working days.

Any costs of data transfer to the network operator or similar arising in connection with the use of the service shall be borne by the Customer.

7. Service availability / decommissioning

The Provider does not guarantee the constant availability of its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure), which are not within the sphere of influence of the Provider and are therefore also beyond its control, and which are not accessible through the services offered by it via the internet, cannot be excluded.

The Provider shall be entitled to shut down the Service which is the subject of this agreement in whole or in part if its safety or the safety of Customers is endangered. This right of the Provider also exists if the continued operation of the Service or parts of the Service is economically unreasonable for the Provider. The Provider shall immediately notify the Customer of such measures or terminate the contract in accordance with point 4.

8. Liability & Warranty

The Provider shall not be liable to companies (entrepreneurs) for loss of profit, third-party damages, indirect damages and/or consequential damages, as well as damages resulting from slight negligence. Claims for damages must be asserted within 6 months of knowledge of the damage and the damaging party, otherwise they shall be forfeited.

In the event of a statutory warranty, the entrepreneurial Customer must immediately check the content for any obvious defects. Defects must be communicated to the provider within 14 days of retrievability with sufficient justification. Minor technical changes shall be deemed approved in advance. Any warranty period shall be a maximum of 12 months from acceptance.

9. Data protection

The Provider complies with the applicable provisions of data protection law, in particular the Data Protection Act (DSG) and the General Data Protection Regulation (DSGVO).

Specific information on how Customers’ data is processed can be found during registration and in the privacy policy.

10. Copyright

The contents of the website, the service and other documents are protected by copyright. The copyright holder is the Provider, unless otherwise stated in detail. The Customer receives a non-exclusive, non-transferable authorisation of use for the private, non-commercial use of the respective documents.

11. Changes to the GTC

In the event of changes to these GTC, Customers will be informed of these and requested to confirm them. If these are not confirmed, the Customer may terminate this contract with immediate effect.

12. Applicable law

This contract shall be governed by Austrian substantive law, excluding the mandatory rules of private international law (e.g. IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. According to Art 6 (2) Rome I Regulation, this choice of law does not result in the customer being deprived of the protection of mandatory provisions of the law of the state of his habitual residence; these continue to be applicable.

13. Final provisions

Should any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions.

The contractual language is English and German.