1. Scope and definitions
1.1 The business relationship between Horstmann Consulting GmbH (hereinafter referred to as “PROVIDER”) and the customer (hereinafter referred to as “Customer”), in particular (but not limited to) contracts for services such as consulting and/or coaching (hereinafter referred to as “Services”) shall be governed by these General Terms and Conditions.
1.2 Contradicting, deviating or supplementary general terms and conditions of the customer do not become part of the contract, unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions of Business also apply if PROVIDER performs services without reservation in the knowledge that the customer’s terms and conditions contradict or deviate from these General Terms and Conditions of Business.
2.1 PROVIDER offers various services, in particular participation in so-called coaching, seminars and consulting services, which can be provided multimedia- or video-based, by telephone and/or on-site. Depending on the service package, the services are standardized and/or individualized and may in particular also include videos, audio recordings and/or online training courses, and may relate in terms of content to, for example, training guidelines, meal plans, and/or other topics.
2.2 Beyond the provision of the services, no specific success is expressly owed to the customer.
2.3 With regard to the contents of a coaching, service and/or consulting contract entered into with the PROVIDER, the PROVIDER is entitled to a performance determination right.
3. Conclusion of contract
3.1 The presentation of the services on the website or in advertisements does not constitute a binding offer by PROVIDER to conclude a contract. The customer is hereby merely requested to submit an offer.
3.2 The conclusion of a contract between the customer is made in the form of a written contract. If the contract is concluded by telephone, the customer is not entitled to receive the contents of the contract again in written form from the PROVIDER, unless otherwise agreed.
3.3 In the case of contracts concluded by telephone between PROVIDER and the customer, the customer consents to the PROVIDER recording the telephone call and/or video conference with the customer for purposes of evidence and documentation.
3.4 The customer expressly agrees not to disclose to third parties any login user names, passwords, materials, and links to which the customer gains access within the scope of this contract.
4.1 For the services, the respective remuneration valid at the time of the conclusion of the contract according to the service description shall apply. If no remuneration is specified, the respective individually agreed remuneration shall apply. For all contracts, Swiss tax regulations shall apply.
4.2 Unless otherwise agreed, the customer is obliged to make advance payments. The agreed remuneration is due and payable immediately upon conclusion of the contract.
5. Term of contract
5.1 Unless otherwise agreed, the contract is concluded for the term agreed in the service description.
6. Terms of payment
6.1 Payment is made by credit card, Paypal or bank transfer. Payment by instalments can be agreed.
6.2 The PROVIDER is not responsible for overdraft fees, overdraft charges or similar fees charged by the bank or credit card company.
7. Liability for damages
7.1 PROVIDER is liable, regardless of the legal grounds, within the framework of the legal provisions only in accordance with the following clauses 7.2 to 7.4.
7.2 PROVIDER is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages resulting from intent or gross negligence on the part of PROVIDER or one of its legal representatives or vicarious agents, as well as for damages resulting from non-compliance with a guarantee or warranted quality provided by PROVIDER or from fraudulently concealed defects.
7.3 PROVIDER is liable, limited to compensation for foreseeable damages typical for the contract, for such damages that are based on a slightly negligent violation of essential contractual obligations by him or one of his legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
8. Health advice
8.1 Nothing on the Website in any way constitutes and/or replaces medical advice. Participation is expressly at the customer’s own risk.
8.2 The customer is aware that fitness training as well as nutrition can contain injury and health risks. This applies in particular to pre-sick customers, pregnant women or customers who suffer from allergies in particular.
8.3 PROVIDER advises in particular the following affected customers to consult a physician before using the offers of the website and to discuss the use with a physician in advance:
8.3.1 Customers with previous illnesses of any kind,
8.3.2 Pregnant women,
8.3.3 Customers who are physically restricted, e.g. due to (acute) injuries
8.3.4 Customers who have been banned from sports by a doctor’s order
8.3.5 Customers with similar restrictions.
In cases of doubt, we always recommend consulting a doctor or therapist before using the offers on the website.
8.4 If the customer discovers that complaints occur during the use of the offer or if the customer feels pain while performing the exercises, coaching, etc., the PROVIDER strongly advises to temporarily stop using the offer and to consult a doctor immediately.
9. Data protection, secrecy
9.1 The customer is advised that PROVIDER collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data is treated confidentially.
9.2 The parties to the contract undertake to treat confidentially any information from the area of the other party that has come to their knowledge in the course of the execution of the contract.
10.1 All contents made available within the framework of the fulfilment of the contract are protected by copyright.
10.2 The customer receives a – simple – right to use the contents exclusively for the duration of the contract. Any distribution and/or reproduction of the contents is prohibited and will result in a contractual penalty to be determined by the PROVIDER and, in the event of a dispute, to be reviewed by the competent court.
10.3 The customer agrees that sound and image recordings of the meetings may be made and evaluated without limitation in terms of time, place and content.
11. Right of revocation
11.1 Swiss law does not provide for any right to change your mind and return a product following an online purchase. A legal right of withdrawal does not exist.
11.2 In the rare case that the customer service person (Coach) that has been assigned to Customer parts ways with the company, this agreement stays in full effect and the Provider will swiftly provide a replacement. Customer agrees that there is no right for a refund. The Coach signed a noncompete and is not allowed to offer similar coaching services.
12. General provisions
12.1 Place of performance is Lucerne, Switzerland. Exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is also Lucerne, Switzerland.
12.2 All disputes in connection with the use of the website shall be governed exclusively by the laws of the country Switzerland, irrespective of the legal grounds, to the exclusion of all provisions of the conflict of laws provisions that refer to another legal system.
Status: October 2022