terms and Conditions
1. Genaral conditions
1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relations between us, Ms. Alexandra Kobekova, Mechenstraße 57, 53129 Bonn, and you. Should you use conflicting General Terms and Conditions, these are hereby expressly rejected.
1.2 Contractual agreement
The contract language is German.
1.3 Learning video-materials
1.3.1 Registration
To use the full scope of our website, it is first necessary to create a customer account. The data required for the provision of services by us will be requested. The entries are confirmed by clicking on the “Register” button. You will then receive a confirmation e-mail with the details required for login. Registration is not complete until you have logged in to our website with these details for the first time.
Your rights under this contract are not transferable. The password that gives you access to the personal area must be treated as strictly confidential and may not be passed on to third parties under any circumstances. You shall take suitable and appropriate measures to prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties. By registering, you enter into a free user contract with us. We are not liable for any damage caused by misuse of the password.
You are obliged to keep the content and profile details you have entered up to date at all times and to inform us immediately of any misuse of your profile.
1.3.2 Ordering the learning materials
The provision of our learning video-materials constitutes our binding offer to you. When placing an order via this website, the booking process consists of a total of four steps. In the first step, you select the desired service. In the second step, you can select the payment method. Then, in the third step, you must enter your details, including your billing address and, if applicable, a different address. In the fourth step, you then have the final opportunity to check all the details (e.g. name, address, payment method, desired service) once again and correct any input errors before confirming your order by clicking on the “Buy now” button. By placing an order, you declare your binding acceptance of the contract. The contract is concluded with your acceptance.
The text of the contract will be saved by us and sent to you in text form (e.g. e-mail, fax or post) after your order has been sent, together with these General Terms and Conditions and customer information. However, you will no longer be able to retrieve the text of the contract via the website once you have sent your order. You can use the browser's print function to print out the relevant website with the text of the contract.
1.4 Coaching and consulting
The contract for our coaching and consulting services is concluded individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry and then receive a binding offer from us, which you can then accept within two weeks. The contract is concluded upon acceptance. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement made.
1.5 Subsequent amendment of the General Terms and Conditions
We are entitled to subsequently amend and supplement the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment to the terms and conditions shall become effective if you do not object within six weeks of notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object within the deadline, both you and we may terminate the contractual relationship without notice, unless we continue the contractual relationship under the old General Terms and Conditions.
2. description of services
2.1 General information
Our range of services includes consulting in the area of process optimization for companies, therapy and coaching for private individuals as well as the provision of instructional videos via our website.
2.2 Provision of services
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Performance time
2.3.1 Learning video-materials
Unless expressly agreed otherwise, we will provide the service immediately after payment by activating the instructional videos for you. You will also receive a separate e-mail about the activation. The learning video-materialss will be available to you 1 week after activation.
2.3.2 Coaching und Consulting
Unless expressly agreed otherwise, we shall provide the service on the agreed date.
2.4 Performance delays
Delays in performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to this effect) shall entitle us to postpone performance for the duration of the impeding event.
2.5 Dates for coaching sessions and consultations
The exact dates for our coaching sessions and consultations will be agreed with you individually. If the minimum number of participants has not been reached for a group consultation or if there is a reason beyond our control that leads to a postponement, we will inform you as soon as possible. As far as possible, we will give you an alternative date. You then have the choice of attending the alternative date or waiving your registration. There are no further claims on your part.
3. Payment
3.1 Prices
All prices are final prices. Due to our small business status, we do not charge VAT and therefore do not charge it. Please note that we only accept advance payment for consultations and coaching sessions for individuals. Training videos are payable by credit card or PayPal via our website. Management consultations are charged on an hourly basis. Each hour or part thereof is to be paid in full. The exact payment modalities can be found on our website or will be agreed separately with you.
3.2 Payment delay
You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge a reminder fee of 2.50 euros. We reserve the right to claim further damages. You have the option of proving that we have incurred no or less damage.
3.3 Retention right
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
3.4 Cancellation of coaching sessions and consultations for individuals
You can cancel the services you have booked free of charge in text form (e.g. e-mail, post) up to 48 hours before the appointment. Any existing right of revocation is not affected by this cancellation policy. For the timeliness of the cancellation it depends on the receipt by us. You reserve the right to prove that we have incurred no or lower costs.
4. withdrawal policy for consumers for distance selling contracts
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (Ms. Alexandra Kobekova, Mechenstraße 57, 53129 Bonn, phone: +49 (0) 228 286 099 77, e-mail: info@alexandrakobekova.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
- End of the withdrawal policy -
Special information on the premature expiry of the right of withdrawal
Your right of revocation expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and you have simultaneously confirmed your knowledge that you will lose your right of revocation if we fulfill the contract in full.
Non-existence of a right of withdrawal
Please note that in the case of contracts for the provision of services in connection with leisure activities, there is no right of withdrawal if the contract provides for a specific date or period for the provision of services (Section 312g (2) No. 9 BGB).
5. your responsibility
5.1 General information
You are solely responsible for the content and accuracy of the data and information you transmit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.
5.2 Indemnification
You shall indemnify us against all claims asserted against us by third parties due to such infringements. This also includes the reimbursement of the costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for backing up the information sent to us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.
5.4 Non-attendance or illness
If you are unable to attend a session due to illness or non-attendance, the fee already paid cannot be refunded unless our cancellation policy applies. Other arrangements can be made in consultation with us. This does not affect the right of withdrawal.
5.5 Minors
Minors require the permission of their legal guardian to participate in our coaching/consulting sessions. This also applies to access to our instructional videos.
5.6 Behavior
Recording or taping during coaching/consulting sessions is not permitted and may lead to exclusion from the sessions. The consumption of drugs or alcohol is not permitted during coaching sessions and consultations. If we recognize that you are showing signs of impairment or the like, we may exclude you from further participation in our coaching sessions or consultations or individual services. We also reserve the right to exclude participants who endanger the well-being of other people and us (e.g. through aggressive behavior). Fees already paid cannot be refunded in the aforementioned cases.
5.7 Duty to cooperate
You are obliged to provide the cooperation required for the contract so that we can perform the contractual service. Particularly in the context of self-employment, you must ensure that you internalize the content provided in order to achieve the desired learning success. We merely provide you with our content and our knowledge, but do not owe you any specific, e.g. economic, success. We also ask you in particular to be available at the agreed times of the Jitsi Meet units at the number/ID provided when the contract was concluded or to join our meeting.
5.8 Confidentiality
You are obliged to keep confidential all business and trade secrets and information designated as confidential which we disclose to you and/or which become known to you during the performance of the contract. The duty of confidentiality shall also apply for the period after completion of the order.
We also undertake to do so unless the order requires disclosure to third parties. For example, we are expressly permitted to process the personal data entrusted to us in the course of providing the service or to have it processed by third parties. In the context of a legal dispute, we are entitled to disclose your internal information in order to protect our interests, even without prior release from the duty of confidentiality. Confidentiality does not apply to information that is generally accessible, is published by the other contracting party itself or has become known from a third party.
5.9 Legal advice and review
We would like to point out that legal advice or auditing is not part of our service and that you must commission a specialist for this.
5.10 Industry-specific knowledge
We would also like to point out that we have no industry-specific knowledge of your specific company and that you should inform us in advance of any points that are relevant to you. We do not carry out surveys, studies or market research for your planned project/your company. However, we always provide our services to the best of our knowledge and belief and make use of generally accessible market research documents and information. However, we do not guarantee any specific commercial success.
6. license conditions for coaching / consulting / learning video-materials
6.1 Copyright
The content and structure of the coaching sessions / consultations / instructional videos organized / provided by us and the related documents, including all authorized copies, are our intellectual property.
6.2 Granting of license
Upon payment of the participation fee, we shall transfer to you all rights of use to documents required for you to the extent agreed in the contract and required for the respective coaching / consultation / instructional video. In case of doubt, we fulfill this obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Germany for the duration of the service. The license expires at the end of the contract. However, with regard to the copies provided to you for your own use, the right of use shall continue to exist beyond the end of the contract.
6.3 License conditions
Any other use requires our consent. In particular, the materials may not be passed on to third parties (sublicensing or distribution), nor may they be copied, reproduced or stored on data carriers or other media. It is also prohibited to use the content, texts and exercises for your own purposes in seminars, consultations, coaching sessions, courses or otherwise vis-à-vis third parties without express written permission.
6.4 Results of coaching sessions and consultations
You may only use the results, information and documents produced in the course of coaching or consulting described in the contract for private or internal company purposes. We reserve all rights and claims in relation to copyrights, trademarks and other associated property rights as well as all methods, processes, ideas and concepts, business secrets and know-how contained in the results to be provided. You are granted the limited, irrevocable and non-transferable right to use these services, which is otherwise unlimited in terms of time and place.
6.5 Compensation for damages
We reserve the right to claim damages for any breach of the contractual license conditions, in particular in the event of a breach of copyright.
7. terms, blocking and termination
7.1 General information
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving us notice of termination in text form. In particular, we reserve the right to delete incompletely registered user accounts that have been inactive for a period of at least six months. If you have ordered instructional videos and the one-week period has not yet expired, we will only terminate the contract for good cause.
Upon termination of the free user contract, the profiles and content assigned to the account will also be deleted.
7.2 Termination without notice
The right to terminate without notice for good cause remains unaffected. Good cause exists in particular if
- you have provided incorrect or incomplete information when concluding the contract
- you repeatedly violate other contractual obligations and do not cease the violation of obligations even after being requested to do so by us.
8. usability of the services
8.1 Further development of the service / availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking into account their interests. We are also entitled to interrupt website operation partially or completely within reasonable limits for the purposes of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof can be made available and used from any location. This does not affect your warranty rights.
8.2 Technical requirements
The use of the Website and Jitsi Meet requires corresponding compatible devices. It is your responsibility to put or keep the device in a condition that enables the use of the Website Services or Jitsi Meet.
9. Liability
9.1 Exclusion of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability shall be limited to the foreseeable damage typical for the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.
9.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
9.3 Application and implementation
We are also not liable for the improper use and/or implementation of the recommendations contained in our services or in the documents provided. You must inform yourself in advance whether our suggestions for action are suitable for you or whether they entail further risks. We merely make our services available to you. You alone are responsible for handling and implementing them. The other liability clauses are not affected by this.
10. final provisions
10.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
10.2 Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under your home law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.3 Consumer dispute resolution procedure
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.