General Terms and Conditions of Business
by Katja Niedermeier-Meißner
Owner of the registered trademark
THE KARMA BUSINESS®
Scope and Applicable Law
1 Scope of application
The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs with THE KARMA BUSINESS®, represented by Katja Niedermeier-Meißner, Pfarrstrasse 129, 10317 Berlin www.k-acht.com hereinafter referred to as “we”. The legal transactions can be concluded by Stripe payment, by e-mail, WhatsApp or via social media services.
(2) The languages available for the conclusion of the contract are German and English. Translations into other languages are for information purposes. The German text shall take precedence in the event of any differences in language usage.
These GTC apply exclusively. Any terms and conditions used by you that conflict with or deviate from these GTC shall not be recognised unless their validity has been expressly agreed to in writing or in text form.
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 if: a) you order as an entrepreneur,
b) you have your habitual residence in Germany, or
c) your habitual residence is in a country 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) 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 or her commercial nor to his or her 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 or her independent professional or commercial activity.
(4) The version of these GTC valid at the time of booking shall apply.
5) The prices at the time of booking shall apply.
6) If certain discount or promotional offers are advertised, these are limited in terms of time or quantity. There is no entitlement to them.
2 Conclusion of the contract, payment modalities, duration of contracts and vouchers
3 Subject matter of the contract
The subject of the contract may be the following services (the list is not exhaustive):
Individual Mentoring
Group programme
Interview training
Online courses
Online Events /Live Events (hereinafter referred to as Event)
Membership
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 net prices (plus the statutory value added tax, shown for Germany).
(2) An invoice will be sent to you by e-mail or via FB Messenger in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and is payable within 7 days.
(3) Access to the respective services is made dependent on prior receipt of payment. As soon as the payment has been received, you are entitled to the corresponding service from this point in time.
(4) Access to an online programme or a protected member area will only be granted once the amount has been credited to our account. The access codes are automatically sent to you by the system used (e.g. Memberpress or Digimember).
(5) In special cases an individual payment plan can be agreed upon, which can increase the total amount. This amount will be communicated in advance.
(6) In case of late payments and after two reminders, costs for appropriate reminders will be charged.
(7) If you are unable to pay an instalment, it is your duty to inform us immediately. We are entitled to terminate the instalment payment prematurely, to demand the total amount or to stop the cooperation immediately.
(8) You are not entitled to assert a right of retention or set-off against my payment claims, unless these are undisputed or titled counterclaims.
(9) If a SEPA direct debit mandate granted by you is cancelled without legal reason, you will have to pay the bank charges for return debits as well as legal advice. Furthermore, such an action can also have criminal consequences.
(10) If you are in default of payment or otherwise in arrears, I am entitled to refuse performance or delivery until all due payments have been made. Furthermore, I am entitled to withhold, interrupt, delay or completely stop services without being obliged to compensate for any damage incurred. These rights shall apply without prejudice to any other contractual or statutory rights and claims of mine.
5 Formation of the contract
5.1 The following applies to bookings made by email, WhatsApp or social media services:
(1) We present our offer to you on websites or in social media postings. In some cases, we already provide our account details there. This is our offer to you to conclude a contract. We have linked our terms and conditions there for you.
(2) You can then accept our offer by transferring the specified amount to our account.
(3) As soon as you send us the transfer voucher, you are entitled to the purchased product or service.
(4) If you purchase one of our products via the payment provider STRIPE, you will be taken directly to our product on STRIPE via the link we share with you, where you can enter your e-mail address, first and last name and your address.
(5) The payment options available to you are payment by credit card / immediate payment / prepayment / direct debit.
/ direct debit. You will receive an invoice from STRIPE by e-mail. The entire
invoice amount is due immediately upon commissioning. As soon as your payment has
you are entitled to the purchased product and will receive your access by e-mail.
If there is an instalment payment option, this is stored accordingly. You are then entitled to the
payment of the first instalment, the further instalments will be automatically
automatically as indicated.
(6) Before completing the booking, you agree to the general terms and conditions of STRIPE.
of STRIPE. You also agree to waive your right of withdrawal.
(7) Finally, you click on the purchase button and thereby submit a binding offer to STRIPE.
to STRIPE. In doing so, you are offering STRIPE the conclusion of a contract of sale for the booking.
booking.
(8) Immediately after sending, you will receive a confirmation email from STRIPE. At this
a contract is concluded between you and STRIPE.
(9) In the case of individual mentoring, the correspondence between me and you forms the basis for my performance.
(10) In the correspondence you will find out details about the process, the content and the payment options, as well as whether my offer is suitable for you and your request.
(11) You then inform me whether you would like to work with me. If I do not hear from you, I am allowed to ask you once about the status of the decision.
(12) In case of a positive decision on your part, I will send you an invoice via my assistant as a PDF file, the payment of which is due immediately after receipt.
(13) A separate contract will not be issued. The general terms and conditions apply.
(14) As soon as your payment has been received, you are entitled to my service. The title of the programme is noted on the invoice.
5.2 For the purchase of physical products the following applies:
(1) Under the menu item THE BOUTIQUE you will find offers for online courses as well as for physical products from cooperations.
(2) If you select an online course, you will be taken to the sales page of my respective business partner, where you will find all the information, content and price. There you will also find separate terms and conditions and data protection provisions over which we have no influence.
(3) Invoicing is carried out directly via the respective provider when a physical product is purchased.
(4) We participate in the turnover for all physical products.
5.3 The following applies when booking a digital product:
(1) You will find my digital products under the menu item THE BOUTIQUE.
(2) If you have decided to purchase the product, click on the button “Buy now”.
(3) You will then be taken to the STRIPE page.
(4) In order to complete the purchase, you will be asked for your e-mail address, first and last name and your address.
(5) The payment options available to you are PayPal/credit card/immediate payment/advance payment/direct debit. You will receive an invoice from STRIPE by e-mail. The total invoice amount is due immediately. As soon as your payment has been received you will get access to the member area.
a) PayPal: By selecting the payment method “PayPal” and confirming “Buy now” you will be redirected to the PayPal log-in page. After you have successfully logged in, your address and account data stored at PayPal will be displayed. The payment will be processed by PayPal according to 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 “Continue with credit card” you can deposit your data via a secure connection and complete the order by clicking on the button “Buy now”. A connection to the respective credit institution will then be established.
c) If you select the payment method “SOFORT”, the payment will be processed via 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 then be carried out immediately by “SOFORT” and your bank account will be debited. Further information on the “SOFORT” payment method can be found on the Internet at https://www.klarna.com/sofort/.
d) Prepayment: By selecting “Prepayment” and clicking on the button “Buy now” you will receive an email from me with the transfer details. – e) Direct debit: You enter your account details when selecting SEPA direct debit and confirm this with the button “Buy now”.
(6) If you have a voucher code, you can also enter it now.
(7) Before completing the order, you give your consent to the storage and processing of your data and your agreement to the STRIPE General Terms and Conditions and these General Terms and Conditions, the right of withdrawal and the data protection declaration by clicking on the respective boxes. You will find all texts linked there. In addition, depending on the programme, you must agree to waive your right of withdrawal.
(8) Finally, you click on the “Buy now” button and thus submit a binding offer to STRIP’E. In doing so, you offer STRIP’E the right to cancel the contract. In doing so you are offering STRIPE the conclusion of a contract of sale for the booking.
(9) Immediately after sending the offer you will receive a confirmation email from STRIPE. At this moment a contract is concluded between you and STRIPE.
(10) When purchasing a digital product, you will receive the access data to the content directly after the purchase. You expressly agree to receive these and waive your right of withdrawal and your right of return for this type of product.
6 Term of contract and termination
- The respective duration of our cooperation depends on the booked mentoring programme. As a rule, the contract ends automatically through fulfilment. This means that you have paid my 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 my 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 commit prohibited acts or if our relationship of trust is permanently disturbed.
3 Details of the service offer and cancellation conditions
7 Duration of a counselling session and location of the coaching session
(1) The duration of a mentoring call is usually 60 minutes.
(2) Usually, there are 1:1 appointments as well as group calls.
(3) The mentoring takes place online via Zoom or, if applicable, a Facebook Live in the context of a closed group. A recording will be made available later for participants who are unable to attend live.
8 Scope of services and unused services
(1) The scope of services depends on the booked mentoring programme and, if applicable, individual agreements.
(2) There is no obligation to attend the group calls.
(3) Individual appointments are to be cancelled 24 hours before the appointment if possible. If this is not possible, there will be no additional charge. Flexibility is included in the price.
(4) Since the appointments take place online, there is the possibility, especially for group appointments, to look up the recorded appointments. There is no entitlement to attend the appointment live. The dates will be communicated well in advance so that participants can reserve the time for them.
(5) If you cancel a booked mentoring, you are not entitled to a refund of your payments.
(6) If you break off a booked mentoring, it is my task as mentor to remind you of your original impulse as well as your commitment. Should this reminder not fall on fertile ground, the cooperation ends as desired. Payments already made remain unaffected.
9 Right of withdrawal for buyers of an online course
(1) As a consumer, you have a right of withdrawal in accordance with the instructions in the appendix. Please check carefully whether you booked the product directly with me or via my third-party provider STRIPE. In the latter case, you must send your cancellation to STRIPE.
(2) The cancellation period begins with the conclusion of the contract. The contract is concluded at the moment you receive the confirmation e-mail of the purchase from me or STRIPE.
(3) If you book a one-to-one mentoring or energy work, we will start the service directly or within the 14-day cancellation period. You therefore waive the right of withdrawal to which you are entitled.
(4) In the case of digital content / products, there are the following special features with regard to the right of withdrawal:
a) If you buy a digital product and you receive the entire content directly after payment, you waive your right of withdrawal.
b) This is pointed out directly BEFORE the order is completed with the following passage: “I expressly waive the right of withdrawal of 14 days to which I am entitled so that I can directly access the digital content in full.
10 Cancellation of an appointment or a call on the part of Katja Niedermeier
(1) We are entitled to cancel an appointment or group call if Katja Niedermeier is ill at short notice.
- In the aforementioned case, the appointment will be made up for at another time. Further costs, such as any accommodation and travel costs incurred by you, will not be covered.
(3) If you act in breach of contract by violating these General Terms and Conditions, we have the right to exclude you from the group programme. This is particularly the case if you disrupt the programme and do not cease to do so even after being asked to do so, if you ignore requests or correspondence from me for more than 7 days, if you do not watch the calls either live or as a recording, or if you repeatedly fail to keep appointments that have been made (e.g. appointments). In this case, no costs will be refunded.
4. rights and obligations of the client
11 Access to the mentoring programme
(1) This is a personal and non-transferable access to the mentoring programme or the online courses. Goods will generally not be sent.
(2) You will receive the access data to your member area by e-mail. You are entitled to log in to the member area with 2 IPs per day.
(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 unauthorised third parties.
(4) Ensure that access to and use of your user data is exclusively by you. If there are facts that give reason to believe that unauthorised 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. We will take your legitimate interests into account when deciding whether to block your access.
(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 if access does not work, you can contact my technical & web support (support@k-acht.com or nicole@k-acht.com).
12 Right to use the digital content or documents from the mentoring programme
(1) Audio/video and PDF files, accompanying e-mails and other documents may be accessed (downloaded) and printed out by you as the client and only for your own use. The downloading and printing of files is only permitted within this framework. In this respect, you as the customer may also have the printout made with the technical support of third parties (e.g. a copy shop). For the rest, all rights of use to the files and documents remain reserved to me. This means that the samples and documents and also the knowledge imparted may not be made available to third parties, either free of charge or for a fee. The documents are also not intended for use in consultancy.
(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 utilisation for other than one’s own study purposes, whether against payment or free of charge, shall require our express prior written consent during and also after termination.
(3) The trademarks and logos listed on the documents enjoy protection under the Trademark Act. As the customer, you are obliged to use the documents and files to which you have access only within the scope expressly permitted here or permitted by virtue of mandatory statutory provisions even without our consent and not to promote unauthorised use by third parties. This shall also apply after termination, revocation or cancellation of participation.
(4) Forms of use which are permitted by virtue of mandatory statutory provisions are naturally excluded from this reservation of consent.
13 Collection, storage and processing of your personal data
(1) To carry out and process a booking, the following data is required from you:
– First and last name
– Your address
– e-mail address
– Mobile phone number for WhatsApp communication
– for entrepreneurs, also company name and VAT ID No. The specific data that are mandatory can be found in the mandatory fields depending on the product.
(2) In the case of chargeable services, the name details, in particular the company name, must be correct. The same applies to the address. The invoices will be issued on the basis of this information. Should corrections become necessary here, this may lead to additional expenditure, which we will charge at a reasonable rate.
(3) In the event of a change of personal details, especially a change of e-mail address, please inform us by e-mail: support@k-acht.com or nicole@k-acht.com.
14 Own provision of suitable IT infrastructure and software
As the customer, you are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software required to use the online offers (in particular web browsers and PDF programmes such as Acrobat Reader®, Zoom) yourself and at your own expense and risk.
15 General information on individual mentoring or group programmes by Katja Niedermeier-Meißner
(1) Mentoring and group programmes are based on cooperation.
(2) Participation in the individual mentoring or group programmes requires a willingness to learn on one’s own responsibility and a willingness to implement. We cannot promise monetary success. The implementation and the making of decisions are solely your responsibility.
16 Protection of know-how 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 scope of a reference agreed upon in writing, you are entitled to speak/write about the manner of cooperation with me.
- The obligation to maintain confidentiality shall survive the end of our cooperation.
(4) Not affected by confidentiality is the following information which
– was already known before the obligation of confidentiality,
– which was developed independently of me,
– was or is publicly accessible at the time of receipt of the information or subsequently became publicly accessible through no fault of yours.
(5) For each breach of the confidentiality obligation an appropriate contractual penalty will be due.
5 Confidentiality and liability regulations
17 Confidentiality of both parties
(1) We undertake to maintain confidentiality about all confidential information from you for the duration of and also after the end of the individual mentoring or group programme. Anything from our correspondence that we wish to publish as a social proof / testimonial for marketing purposes requires your prior consent.
(2) You are obliged 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 my prior written consent. This also applies to all documents that you receive from me within the framework of the coaching programme or to which you have access.
(3) In group programmes, the duty of confidentiality also applies to confidential information of the other participants that you learn about them in the course of the programme.
18 Liability for contents
(1) The files and documents provided by us are samples which you must adapt to your needs. We do not assume any liability for the completeness and up-to-dateness of these samples.
(2) We reserve the right to optimise and adapt the contents at any time.
19 Use of subcontractors
(1) We are authorised to engage subcontractors on our own behalf without requiring your separate consent.
(2) All subcontractors are obliged to maintain confidentiality.
20 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains 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 the art. 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 my vicarious agents.
21 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 that 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; comparable events such as 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 will initially be suspended for the duration of the hindrance. I.e. our respective services will be suspended for the time being. Fees already paid in advance for consultations, events, courses etc. remain with me for this period. If payments still have to be made by you, the payments for services already rendered are still to be made by you. For services not yet rendered, you can pause payment for the period of the contract suspension. After the end of the unforeseeable event, the contract will be resumed. Further possible damages are to be borne by each party.
- If the event lasts longer than 12 months, we are each entitled to terminate the contract in text form with a notice period of 3 weeks to the end of the month.
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 to secure a guaranteed place in one of my courses, this fee will not be refunded, as the service in return for securing a place for you was provided by us and is independent of whether the course takes place or not. The online course fee in excess of this will of course be refunded to you. Also in the case of this cancellation, everyone bears further damages (e.g. hotel bookings, flight bookings, etc.) themselves.
(5) In the event that the event lasts longer than 18 months, the contract will be terminated. A final account will then be drawn up by us. This statement will list our services and the payments you have made. In the event that you still have to make payments for services already provided, these must be paid within 14 days of receipt of the final statement.
If there is a credit note in your favour, it will be paid to you within 14 days after the final invoice has been sent. The final statement can be sent as a PDF attachment by e-mail. Further claims due to force majeure are excluded. Each party shall bear the damages incurred for itself.
6 Final provisions and place of jurisdiction
22 Amendment of these GTC
These GTC may be amended if there is an objective reason for the amendment. This could be, for example, changes in the law, adjustments to our offers, changes in case law or a change in economic circumstances. In the event 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 being informed. After expiry of this period, these new regulations shall become an effective part of the contract.
23 Final provisions
(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between us about the respective agreed content of the contract – whereby e-mail (text form) is sufficient.
(2) If you, as a consumer, had your domicile or usual place of residence in Germany at the time of conclusion of the contract and have either moved out of Germany at the time of the institution of legal proceedings by me or your domicile or usual place of residence is unknown at this time, the place of jurisdiction for all disputes shall be my registered office in Berlin.
(3) We would like to point out that in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. 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.
Status September 2022
