Legal Notice

 

imprint

Anne Herms

​Pelzeleite 65

90614 Ammerndorf

+49 176 820 046 84

hello@ankeherms.de

www.ankeherms.de

Tax ID

DE316127768

Disclaimer

The information provided on www.ankeherms.de 

cannot and must not be used to make an independent diagnosis and/or an independent selection and use or withdrawal of drugs, other health products or treatment methods. Furthermore, this information is in no way a substitute for a doctor's visit or specialized medical treatment. Many symptoms and complaints can occur with different diseases. For a reliable diagnosis and treatment, a doctor must always be consulted. The content made available on www.ankeherms.de has been carefully compiled and is checked and updated for correctness at regular intervals. However, medical knowledge is subject to constant change. We therefore assume no liability for the completeness, correctness, accuracy and timeliness of all content on the websites. The reader accepts and acknowledges that the content provided is not intended to induce any delay in seeking medical attention, discontinuing medical treatment, self-diagnosing or undergoing treatment without qualified medical advice._cc781905-5cde-3194-bb3b- 136bad5cf58d_

Data protection

Personal data (usually referred to as "data" below) is only processed to the extent necessary and for the purpose of providing a functional and user-friendly website, including its content and the services offered there.

 

According to Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as “GDPR”), “processing” is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data, such as collecting, recording, organizing, arranging, storing, adapting or changing, reading out, querying, using, disclosing through transmission, distribution or any other form of provision, comparison or linking, restricting, deleting or destroying.

 

With the following data protection declaration we inform you in particular about the type, scope, purpose, duration and legal basis of the processing of personal data, insofar as we decide on the purposes and means of processing either alone or together with others. In addition, we will inform you below about the third-party components we use for optimization purposes and to increase the quality of use, insofar as third parties process data on their own responsibility.

 

Our privacy policy is structured as follows:

 

I. Information about us as controllers

II. Rights of users and data subjects

III. Information on data processing

I. Information about us as controllers

 

Responsible provider of this website in terms of data protection is:

 

Anne Herms
 

​Pelzeleite 65
90614 Ammerndorf

+49 176 820 046 84

hello@ankeherms.de

www.ankeherms.de

 

Data protection officer at the provider is: Anke Herms 

 

 

II. Rights of users and data subjects

 

With regard to the data processing described in more detail below, the users and those affected have the right

 

  • for confirmation as to whether data relating to them is being processed, for information about the data processed, for further information about data processing and for copies of the data (cf. also Art. 15 GDPR);

  • to correct or complete incorrect or incomplete data (see also Art. 16 GDPR);

  • to the immediate deletion of the data concerning them (see also Art. 17 GDPR), or, alternatively, if further processing is required in accordance with Art. 17 (3) GDPR, to restriction of processing in accordance with Art. 18 GDPR;

  • to receive the data relating to them and provided by them and to transmit this data to other providers/responsible parties (cf. also Art. 20 GDPR);

  • to complain to the supervisory authority if you believe that the data concerning you is being processed by the provider in violation of data protection regulations (see also Art. 77 GDPR).

 

In addition, the provider is obliged to inform all recipients to whom data has been disclosed by the provider about any correction or deletion of data or the restriction of processing that takes place on the basis of Articles 16, 17 para. 1, 18 DSGVO teaching. However, this obligation does not exist if this notification is impossible or involves a disproportionate effort. Irrespective of this, the user has a right to information about these recipients.

 

According to Art. 21 GDPR, users and data subjects also have the right to object to the future processing of the data concerning them, provided that the data is processed by the provider in accordance with Art. 6 (1) lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

 

 

III. Information on data processing

 

Your data processed when using our website will be deleted or blocked as soon as the purpose of storage no longer applies, the deletion of the data does not conflict with any statutory storage requirements and no other information on individual processing methods is subsequently given.

 

server data

For technical reasons, in particular to ensure a secure and stable website, data is transmitted to us or to our web space provider by your internet browser. These so-called server log files record, among other things, the type and version of your Internet browser, the operating system, the website from which you switched to our website (referrer URL), the website(s) of our website that you visit, the date and time of the respective access as well as the IP address of the Internet connection from which our website is used.

 

The data collected in this way is stored temporarily, but not together with other data from you.

 

This storage takes place on the legal basis of Article 6 (1) (f) GDPR. Our legitimate interest lies in the improvement, stability, functionality and security of our website.

 

The data will be deleted after seven days at the latest, provided that no further storage is required for evidentiary purposes. Otherwise, the data is completely or partially excluded from deletion until the final clarification of an incident.

 

cookies

a) Session cookies/session cookies

We use so-called cookies on our website. Cookies are small text files or other storage technologies that are stored and stored on your end device by the Internet browser you use. These cookies process certain information about you, such as your browser or location data or your IP address, to an individual extent.  

 

This processing makes our website more user-friendly, effective and secure, since the processing enables, for example, our website to be displayed in different languages or to offer a shopping cart function.

 

The legal basis for this processing is Art. 6 Para. 1 lit b.) GDPR, insofar as these cookies are used to process data for contract initiation or contract execution.

 

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Article 6 Paragraph 1 Letter f) GDPR.

 

These session cookies are deleted when you close your internet browser.

 

b) Third Party Cookies

If necessary, our website also uses cookies from partner companies with whom we work for the purpose of advertising, analysis or the functionalities of our website.

 

For details on this, in particular on the purposes and legal basis for processing such third-party cookies, please refer to the information below.

 

c) Possibility of disposal

You can prevent or restrict the installation of cookies by setting your Internet browser. You can also delete cookies that have already been saved at any time. However, the steps and measures required for this depend on the specific Internet browser you are using. If you have any questions, please use the help function or documentation of your Internet browser or contact its manufacturer or support. In the case of so-called Flash cookies, however, the processing cannot be prevented via the browser settings. Instead, you must change the settings of your Flash player in this respect. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please also use the help function or documentation of your Flash player or contact the manufacturer or user support.

 

However, if you prevent or restrict the installation of cookies, this may mean that not all functions of our website can be used to their full extent.

 

Google Maps

We use Google Maps on our website to show our location and to create directions. This is a service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".

 

Through certification under the EU-US Privacy Shield ("EU-US Privacy Shield")

 

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

 

Google guarantees that the data protection regulations of the EU are also observed when processing data in the USA.

 

In order to enable the display of certain fonts on our website, a connection to the Google server in the USA is established when our website is accessed.

 

If you call up the Google Maps component integrated into our website, Google will store a cookie on your device via your Internet browser. Your user settings and data are processed in order to display our location and create a route description. We cannot rule out that Google uses servers in the USA.

 

The legal basis is Article 6 Paragraph 1 Letter f) GDPR. Our legitimate interest lies in optimizing the functionality of our website.

 

Through the connection to Google established in this way, Google can determine from which website your request was sent and to which IP address the directions are to be sent.

 

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your Internet browser. You can find details on this under “Cookies” above.

 

In addition, the use of Google Maps and the information obtained via Google Maps takes place in accordance with the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=de and the terms and conditions for Google Maps https://www.google. com/intl/de_de/help/terms_maps.html.

 

In addition, Google offers under

 

 

further information.

Sample data protection declaration of the law firm Weiß & Partner

Terms of Service

§ 1 Scope of Application and Validity

 

(1) These General Terms and Conditions apply to all of ours

business relationships with our customers. They are aimed equally at consumers and entrepreneurs. Insofar as a contractual provision is not expressly limited in its scope of application according to its wording, the contractual provision applies both in relation to a

consumer as well as in relation to an entrepreneur.

 

(2) A consumer within the meaning of this contract is any natural person who concludes this contract for purposes that can neither be attributed to their commercial nor their independent professional activity (§ 13 BGB). An entrepreneur within the meaning of this contract is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 Sentence 1 BGB).

 

(3) The version of the General Terms and Conditions that is valid at the time the contract is concluded is decisive, which can be accessed at www.ankeherms.de/ legal-notes.

 

(4) The general terms and conditions of the service provider apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that the service provider has expressly agreed to their validity. A lack of recognition is considered a contradiction. This consent requirement applies in any case, for example

even if the service provider carries out the service for the customer without reservation in knowledge of the customer's general terms and conditions.

 

(5) Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) always take precedence over these GTC. A contract in text form is decisive for the content of such agreements.

 

(6) The concluded service contract, including these General Terms and Conditions, is solely decisive for the legal relationship between the service provider and the customer. The contract and general terms and conditions fully reflect all agreements between the contracting parties on the subject matter of the contract. Verbal promises made by the service provider before the conclusion of this contract are not legally binding and verbal agreements between the contracting parties are replaced by the contract unless they expressly state that they continue to be binding.

 

 

§ 2 Subject of the contract

 

(1) As part of the service object, the service provider offers various services for the planning and implementation of lifestyle training (nutrition advice, moving everyday life, stress management) for the customer, which includes the recording, processing and optimization of the current life situation of the customer, taking into account private

aspects, and possibly professional aspects. The exact subject matter of the contract and the service provider's services requested by the customer are defined within this framework and agreed between the parties.

The object of the service provision is the advice, care and accompanying support of people who want to change their mental, physical and health condition by changing their lifestyle (nutrition, exercise, stress behavior) with the aim of increasing their performance, their vitality increase and optimize their body weight. The service provider's service consists of the conception and creation of methods and plans that are to be individually adapted for the customer. The basis of the training is the preparatory discussion between the parties. The training is based on

cooperation and mutual trust. Lifestyle training takes place in the following modalities:

  • Individual training on site for private and business customers

  • Individual training online for private customers and business customers

  • On-site workshops for individuals or companies

​​

The subject of the contract with the service provider, which relates to lifestyle advice (individual or all areas), is always only the provision of services/advice. The service provider cannot guarantee any concrete physical, mental, health or even measurable success (e.g. actual weight reduction, increase in performance, flexibility, stress reduction, etc.). If "goals", "results" or similar of the programs are specified, these are always only possible consequences that - esp. in the interaction of physical activity/sports activity, change in diet and stress management, but do not have to.

 

(2) The training takes place on the basis of the preparatory discussions held between the parties and the personal information provided by the customer regarding his state of health. It is based on cooperation and mutual trust.

 

(3) A change to the subject matter of the contract can only be made in text form and must have been accepted by both contracting parties.

 

(4) Anke Herms does not owe any services that are not expressly included in the concluded service contract. In particular, Anke Herms does not owe any medical or other therapeutic treatment, it is merely advice to the extent specified above.

 

 

§ 3 Scope of the contract and the service provider's obligations; due diligence

 

(1) The service provider creates a training concept tailored to the customer's needs and ideas in the areas listed in § 2 for the customer or for his employees as part of the agreed services.

 

(2) If no other agreement has been made, the agreed service can only be used personally by the customer (or his employees).

 

(3) If the service provider states availability and/or opening hours, this does not result in a claim to constant availability outside of training times. The duration of the training units for private customers and business individual training is 90 minutes for the introductory meeting including the first training session, 30 minutes for the further training units and 60 minutes for the final meeting/outlook. A workshop day for business customers lasts eight hours. The duration of workshops for private customers is agreed individually.

 

(4) There is no entitlement to further services or support activities by the service provider beyond the support agreed in the respective program.

 

(5) Lifestyle training includes:

  • Individual training business or private, on site and online; individual training units in the selected areas; written summary of the training sessions by email; Handouts on selected content by email; digital weekly note calendar for each training week; Short weekly motivational message via SMS, Messenger service or Mail 

  • Workshops business or private: individually planned workshop day; Handouts on selected topics.

 

 

§ 4 Customer's duties to cooperate

 

(1) Personal information required for the provision of services must be provided truthfully, in particular a valid e-mail address or telephone number at which the customer can be reached must be provided. If the data changes during the contract period, the service provider must be informed of the changes immediately. Costs that arise due to incorrect / incomplete information will be charged to the customer.

 

(2) The customer must inform the service provider truthfully about all health aspects that lead or can lead to health impairments or the occurrence or increase of health damage or complaints in the customer when using the service provider’s services.

 

This includes in particular, but not exclusively, the notification of previous illnesses (especially intolerance to certain foods, diseases of the musculoskeletal system, diseases of the cardiovascular system, tumor diseases, metabolic diseases), allergies and medication (type of medication, effect of the medication, frequency of use). intake, side effects, restrictions on consumption/intolerances to certain foods or drinks).

 

In the event of uncertainties, it is the customer's responsibility to consult a doctor - who is expressly not Anke Herms - before using the services of the service provider and to have it clarified whether there are health objections to the use of the service provider's services.

A medical examination for suitability for the offered training program is strongly recommended. The customer is responsible for carrying out this medical examination. However, Anke Herms can request a medical certificate at any time as a prerequisite for conducting a training session and make this a condition for conducting the training session. In the case of the following indications, the customer must in any case submit a medical certificate before the start of the training program, which attests to the health requirements for the training program and

if necessary, makes its limits clear:

  • Condition after heart attack or stroke

  • Coronary Heart Diseases

  • cardiac arrhythmias

  • Hypertension (systole > 160, diatole > 95)

  • Diabetes mellitus I and II

  • Acute or postoperative disc herniation

  • tumor disease.

In the case of comparable indications, the customer must submit a medical certificate of his own accord and without being asked.

 

The service provider can request a certificate at any time without giving reasons, even without knowledge of one of the indications mentioned, if this is to determine that the customer's health limits are not exceeded as a result of the training program

will. In the event of sudden changes in mood such as nausea, dizziness, pain, tachycardia or similar, the customer immediately informs the service provider and, if necessary, ends the training on his own responsibility.

 

(3) All customers who book individual training (on site and online, private and business) fill out an anamnesis form provided by the service provider. The fitness exercise carried out by Anke Herms before the start of the "moving everyday life" training module or before the physical fitness training

Check-Up only affects individual training on site and cannot replace a medical examination.

During online training, there is no fitness check-up by the service provider. If there are any ambiguities or specific indications in the anamnesis form, the customer must obtain medical advice and submit a written release in the form of a medical certificate.

During workshops, there is no fitness check-up by the service provider and the anamnesis is either reduced or omitted entirely, depending on the workshop topic selected. The customer has no right to an anamnesis at a workshop. The customer has to inform the service provider according to § 4 paragraph 2 about indications.

For all training modalities, Anke Herms is in no way liable for damage to health of any kind that occurs as a result of an illness or restriction that was not communicated to the service provider before the start of the training. This applies in particular to damage to the unborn child in the event of an unknown or not communicated to the service provider

Pregnancy before starting or during online one-on-one training.

 

(4) Examination results and medical reports relevant to the service provider's services are to be made available by the customer without being asked.

 

(5) The customer must follow the instructions of the service provider, otherwise the health of the customer may be endangered and the results of the training may be falsified or prevented. Under the conditions of § 12, the liability of the service provider for damages resulting from the fact that the customer does not comply with the above specifications, in particular those from § 4 paragraph 2, or that he deliberately provides false information is excluded.

 

(6) For the duration of the program, the customer has the

provide the service provider with the information necessary for the progress of the training in good time. These include in particular:

  • Notification of any symptoms/sensitivities (e.g. nausea, dizziness, pain,

  • tachycardia or similar). If necessary, the customer ends the training on his own responsibility.

  • Training exceptions to be considered, such as holidays, business trips, etc.

 

(7) The customer or his employees are responsible for taking out adequate insurance against accidents and injuries that may occur within the scope of the agreed services. The same applies to the direct route to and from the place of performance.

(8) The customer is obliged to ensure that he/she wears clothing that is suitable for the temperature and the weather. In the case of online training, the customer is responsible for the appropriate and appropriate choice of training clothing, equipment and for the adequate selection of the appropriate training option. The service provider assumes no liability for any damage to health that occurs due to incorrect or inadequate training conditions.

 

 

§ 5 Compensation, Payment and Default

 

(1) The remuneration for the services of the service provider is based exclusively on the prices currently valid at the time the contract is concluded and available at www.ankeherms.de/privat and www.ankeherms.de/business.

 

(2) Additional services that are not listed in the contractual scope of services or are provided at the customer's request (e.g. special or additional services such as travel costs, accommodation costs, expenses, non-agreed additional expenses, etc.) will be charged separately, cf. § 6 .

 

(3) The total amount is due in advance. All prices are gross prices including statutory sales tax, unless otherwise stated. Invoices are issued in text form.

 

(4) If the customer does not pay at the latest seven days after receipt of an invoice or equivalent payment schedule, he is in default with the payment
(§ 286 Para. 3 Clause 1 BGB). In the event of default, interest shall be charged on the invoice amount at the statutory interest rate.

 

(5) The service provider reserves the right to assert further damage caused by delay. The entitlement of the service provider to commercial default interest (§ 353 HGB) remains unaffected in relation to merchants.

 

(6) The service provider is entitled to carry out or provide outstanding services only against advance payment or security if circumstances become known to him after conclusion of the contract which are likely to significantly reduce the customer's creditworthiness and which make it possible to pay the outstanding claims of the customer service provider

the customer is endangered.

 

 

§ 6 Other costs and retention of title

 

(1) Insofar as further costs arise due to the desired service content of the customer (e.g. entrance fees, space rental), these costs are to be borne by the customer. This also applies to the corresponding costs incurred for the accompaniment by or participation of the service provider.

 

(2) The customer bears the costs for a doctor, physiotherapist, naturopath, psychologist or similar who is consulted for holistic care in the amount of the billing modalities of the respective consulted person.

 

(3) If other services (e.g. child care, training support when traveling or similar) are used, separate tariffs will be agreed in advance. If the service provider accompanies the customer on trips, the costs incurred are to be borne in full by the customer. The additional fee is between the

Parties agreed in advance.

 

(4) With regard to travel costs over 10 km one-way from the company headquarters (Pelzetleite 65, 90614 Ammendorf), a flat rate of 0.75 euros will be charged for each full kilometer from the eleventh kilometer.

 

(5) The price does not include:

a) in the case of contracts for individual training for private customers and business customers: fitness equipment; additional conversations/appointments by telephone, chat service (e.g. Skype/FaceTime) or in person. Additional calls/appointments can be booked on request at an additional hourly rate of EUR 120.00 including VAT/60 minutes (billing to the minute). For calls/appointments outside of the hours of 7 a.m. to 8 p.m., a surcharge of EUR 20.00 including VAT/60 minutes will be added to the hourly rate for the regular training unit and the hourly rate for additional appointments.

b) in the case of individual training on site for business customers and workshops on site for private customers and business customers: catering, room rental, travel expenses.

 

 

§ 7 Exclusion of the conclusion of the contract

 

The service provider only wants to enter into contractual relationships with adults. Upon conclusion of the contract, the customer confirms that he is at least eighteen years of age and that his legal capacity is not otherwise restricted or incapacitated. Commercial customers confirm upon conclusion of the contract that all affected employees are at least eighteen

have completed their year of life.

 

 

§ 8 Duration of contract

 

(1) The duration of the training depends on the booked package, available at www.ankeherms.de/personaltraining and www.ankeherms.de/firmenfitness.

 

(2) An extension of the contract is possible after consultation. Shorter or longer training sessions must be expressly agreed.

 

(3) For appointments to which the customer does not appear, contrary to an agreement in accordance with Section 3, or does not cancel in accordance with Section 10 (2), the costs actually incurred (e.g. proportionate costs for the creation of the training concept, the preparation and unavoidable arising

Additional costs such as B. Space rentals of this date) will be charged. In this case, the missed appointment is canceled and cannot be made up for. The customer is allowed to prove that the service provider suffered no or significantly less damage.

 

(4) In the case of individual training, the customer has the right to terminate the contract without notice within the first 14 days from the date of the conclusion of the contract.

 

 

§ 9 Place and time of performance, place of performance

 

(1) The weekly training units of the individual training for private customers and business customers take place once a week depending on the individual arrangement at the customer's workplace, at the customer's home, by telephone or via chat service (e.g. Skype/FaceTime). The duration of the individual training for private customers and business customers is 90 minutes for the introductory meeting including the first training session, 30 minutes for the further training units (number of training units depends on the booked package, available at www.ankeherms.de/personaltraining) and 60 minutes for the final meeting/ the view. A workshop day for business customers lasts eight hours.

Breaks are determined by the service provider. Workshops for private customers are arranged individually in terms of time and location.

 

(2) All training units and workshops are determined in advance in consultation with the customer according to time and place. With online training, customers generally have complete freedom of choice for the training location. The service provider only gives recommendations for the location and type of

implementation of the training session.

 

(3) Changes to dates must be agreed at the latest by the end of the previous meeting.

 

(4) The place of performance is the place of business of the service provider.

 

 

§ 10 Short-term hindrance, default of acceptance, claims for compensation

 

(1) If the customer is prevented from attending, he undertakes to cancel as soon as possible, but no later than 48 hours before the start of the training or workshop. Otherwise, the actual costs incurred (e.g. proportionate costs for creating the training concept, preparation and unavoidable additional costs such as space rental for this date) will be charged. To the

Customers are allowed to prove that the service provider suffered no or significantly less damage.

 

(2) In the event of illness (proof by medical certificate) or other absence of the customer (private customers and business customers) notified to the service provider in good time, i.e. 48 hours in advance, the unused appointments will be canceled within a period of up to two weeks after the end of the contract and after availability of the service provider or within two weeks thereafter if the service provider is not available during this period

can be present without incurring additional costs.

 

(3) In the event of a longer absence from the location, the service provider must be informed, as the training may have to be adjusted as a result.

 

(4) If a joint external appointment has been agreed, this can only be canceled by the service provider due to bad weather. If the service provider does not cancel at least two hours before the planned start of the training unit, the training unit will take place at the agreed place at the agreed time. Such a canceled training session will

made up by arrangement.

 

(5) If a training date is postponed or the training location is changed (if the training content is changed as a result), there is no further entitlement to compensation.

 

 

§ 11 Termination

 

(1) The duration of the booked contract is the minimum contract term. The contract ends at the end of the booked period, or in the case of changes according to § 10 after the last date. A prior termination of the contract is possible in coordination with the service provider, taking into account the services provided so far. Termination is particularly possible in the event that there is a permanent medical indication that makes it impossible to continue the contract. This indication must be proven by a current medical certificate.

 

(2) The termination must be in text form.

 

(3) The right of both parties to termination without notice remains unaffected. For the service provider, there is an important reason, in particular, if the customer

  • violates essential obligations to cooperate (cf. § 4) from the contract, in particular gives the service provider false information about his state of health,

  • Circumstances exist that are likely to significantly disrupt the basis of trust

  • personally attacks or immorally touches the service provider.

 

 

Section 12 Liability

 

(1) Unless otherwise stated in these General Terms and Conditions, including the following provisions, the service provider is liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions for damages or reimbursement of wasted expenses.

 

(2) The service provider is liable for intent and gross negligence. In the context of simple negligence, the service provider is only liable, subject to a milder standard of liability according to statutory provisions (e.g. for diligence in their own affairs).

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the not inconsiderable breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies or may rely);

in this case, however, the liability of the service provider is limited to compensation for the foreseeable, typically occurring damage.

 

(3) The limitations of liability resulting from paragraph 2 also apply to breaches of duty by or in favor of persons whose fault the service provider is responsible for according to statutory provisions.

 

(4) Liability is excluded for damage suffered by the customer through overestimating his physical ability. Furthermore, liability is excluded in the event that the customer does not follow the instructions of the service provider, as well as for damage or injury

arise from the improper or negligent handling of training equipment or due to incorrect execution of the exercise when implementing the training plan independently in the absence of the service provider. Liability is excluded for damage caused by the fact that the customer informs the service provider of illnesses or restrictions before a training session

not communicated. This also applies to damage to the unborn child.

 

 

§ 13 offsetting, retention

 

(1) Offsetting against counterclaims by the customer is only permitted if the counterclaims are undisputed or have been legally established.

 

(2) Retention of payments from counterclaims by the customer is only permitted if the counterclaims are undisputed or have been legally established.

 

 

§ 14 Data protection and data security

 

(1) For the purpose of executing the contract, the service provider will store and use the customer’s personal data.

 

(2) The stored data is used exclusively to carry out the content of the contract and will be treated confidentially by the service provider. They will not be made accessible to third parties. In the context of employee workshops, personal data is collected directly from the

affected employees. This data will not be passed on or made accessible to the customer, not even in anonymous form.

 

(3) The stored data will be deleted immediately upon request, but at the latest immediately after the end of the contract. This does not apply to data that must be stored for the relevant period in accordance with tax regulations.

 

(4) By accepting the terms and conditions of the service provider, the customer gives his consent to the storage and processing of his personal data by the service provider. A revocation of this declaration of consent by the customer is possible at any time and must be addressed to the service provider in text form.

 

(5) Otherwise, the provisions of the Federal Data Protection Act and the EU General Data Protection Regulation apply.

 

 

Section 15 Confidentiality Obligations and Copyright

 

(1) The customer undertakes not to disclose any business and trade secrets, especially in the form of documents, of the service provider and its cooperation partners

preserved, even after the termination of the contract. The confidentiality obligation only expires when and to the extent that the knowledge contained in the secrets has become public knowledge.

 

(2) All concepts, methods, exercises and techniques of the respective training/workshop of the service provider are protected by copyright, both verbally and in writing. It is not permitted to make these available to third parties for a fee or free of charge - not even in a modified form. The production or publication of audio or video recordings of the training events is prohibited.

 

 

§ 16 Other Agreements

 

(1) The customer shall provide all information relevant to the fulfillment of the framework agreement and these contractual conditions in good time. This applies to all means of communication used (e.g. Skype, Facetime, telephone, e-mail).

 

(2) The service provider has the right to also work for third-party customers. The prior consent of the customer is not required for this.

 

(3) The Customer is committed to loyalty and will in no case make negative comments about the person, products or services of the Service Provider or damage its reputation and prestige.

 

 

§ 17 Final Provisions, Applicable Law, Place of Jurisdiction

 

(1) The law of the Federal Republic of Germany applies. If the area of application of the UN sales law would be opened up in detail, its application is excluded.

 

(2) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the place of business of the service provider. The service provider is after his

However, Wahl is also entitled to file suit at the customer's general place of jurisdiction. If the customer is a consumer, the place of jurisdiction is determined by the applicable regulations. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected

Regulation unaffected.

 

(3) Changes, additions and ancillary statements to this contract must be in text form to be effective.

 

(4) Should a provision of this contract be or become invalid, the validity of the rest of the contract shall not be affected. In place of the ineffective provision, a provision should come into effect that comes as close as possible to the will of the parties within the scope of what is legally possible. The same applies in the event of a loophole.

 

 

Right of withdrawal and cancellation policy

 

If the customer is a consumer within the meaning of § 13 BGB and the contract was concluded outside the business premises of the service provider (§ 312b BGB) or in distance selling (§ 312c BGB), the consumer has a right of withdrawal according to §§ 312g, 355 , 356 BGB.

 

Right of withdrawal

 

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of withdrawal, you must inform us (...) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day

on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you;

under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of those provided for in the contract

services.

 

declaration of revocation

 

(If you want to revoke the contract, please fill out this form and send it back.)

 

On

 

Anne Herms

Pelzetleite 65

90614 Ammerndorf

 

I/we hereby revoke the contract concluded by me/us for the provision of the following services:

Contract for services of (…)

 

Closed on:

 

Name of consumer(s):

 

Address of consumer(s):

 

Signature of consumer(s)

(only if this form is submitted on paper)

 

date