General Terms and Conditions magiemitworten.de – Larissa Lang

§ 1 Scope of application

1.1 These General Terms and Conditions apply to all services etc. between Magie mit Worten, Larissa Lang, Zinster Weg 1, 95508 Kulmain, hereinafter referred to as the “Service Provider” and the Client (consumer, their child or their animal).

1.2 The same terms and conditions apply to coaching, consulting, services listed on the website and seminars.

§ 2 Conclusion of contract

2.1 The following provisions on the conclusion of the contract apply to inquiries via the website https://magiemitworten.de by e-mail LarissaLang@magiemitworten.de or other means and form an integral part of all remuneration agreements.

2.2 The presentation of the service on the portal does not constitute a legally binding contractual offer. By requesting the desired service, the client submits a provisional offer for the conclusion of a contractual relationship.

2.3 A contractual relationship comes into effect upon confirmation and agreement of an appointment. Details of the agreed service can be found in the remuneration agreement and other documents provided for this purpose (e.g. service contract, etc.).

2.4 The agreement of a service for third parties is excluded (except in the case of children or animals, where the booking is made by the parents or another authorized person).

§ 3 Scope of services, provision of services

3.1 The service provider is obliged to make a serious effort to help the client (e.g. to achieve a hypnotic state). Success is not promised and cannot be guaranteed. Success is not part of the contractual relationship.

3.2 The place of performance is online (Zoom). Other arrangements can be made. Travel costs may be invoiced.

3.3 The service shall amount to the selected service, unless otherwise agreed. The day and duration (date of the session) shall be agreed in advance. An extension or postponement of the appointment due to the client being late or not attending the appointment is generally not possible.

3.4 The techniques used expressly do not constitute a subcategory of psychotherapy or similar. Injury to the body, life or health of the client as a result of the techniques used by the service provider is not possible. An exclusion of liability expressly does not arise.

§ 4 Remuneration, due date

4.1 The amount of remuneration is set out in the remuneration agreement.

4.2 Payment can be made by PayPal or by bank transfer (by arrangement also in cash EUR). Payment is due before the start of the service, unless otherwise agreed.

4.3 If several appointments are agreed, the respective invoice amount for the following appointment is due no later than seven days before the appointment.

4.4 The amount of a package booking is due in full before the first appointment. This will not be refunded (not even pro rata) if the respective agreed appointments are not kept or for appointment options not taken.

4.5 Failure to keep the appointment constitutes a unilateral breach of contract and the invoice amount is due in full.

4.6 The invoice amount is not due if the client cancels or reschedules the appointment at least seven days before the appointment.

4.7 In the event that the appointment is canceled for a reason for which the Service Provider is demonstrably responsible, no costs shall be invoiced.

4.8 Payment for a seminar shall be due no later than seven days before the seminar date.

4.9 Vouchers are valid for up to 1 year after the date of issue and then expire.

§ 5 Liability

5.1 The Service Provider’s liability in the event of a slightly negligent breach of its contractual obligations shall be limited to the invoice amount paid.

5.2 The liability for damages resulting from injury to life, body or health, which are based on at least a negligent breach of duty, as well as for damages which are based on at least a grossly negligent breach of duty, remains unaffected.

5.3 In the event of premature birth, stillbirth or other complications that may occur during the course of the entire pregnancy and delivery, as well as thereafter, the Service Provider shall assume no liability and any claims for damages etc. shall be null and void.

§ 6 Cooperation of the client

6.1 The Client is expressly obliged to inform the Service Provider before making an appointment whether he/she has any physical or mental illnesses or has had any mental illnesses in the past.

6.2 The probability of success is increased if the client follows the instructions of the service provider.

§7 Termination of a session, refusal

7.1 The Service Provider shall be entitled to terminate an ongoing session if it becomes aware that the Client has breached an obligation under Section 6.1 of these General Terms and Conditions.

7.2 Furthermore, the Service Provider shall be entitled to reject a request or cancel an appointment on the basis of subjective considerations if one of the contracting parties has a legitimate interest in the termination. A legitimate interest may be, for example, the non-existence of a necessary relationship of trust.

7.3 The client is aware that the service provider does not have a healing license and therefore does not carry out treatments within the meaning of ICD-10 / ICD-11.

7.4 As the cooperation is based on a relationship of trust, the Client is not entitled to spread false and insulting statements about the Service Provider, her company, her services and anything associated with them. He may contact the Service Provider and seek a discussion if he does not like something, wishes to express constructive criticism or make suggestions for improvement. The Service Provider is entitled to correct false or offensive statements, in whatever form, and, if necessary, to delete them or request their deletion.

§ 8 Data protection

8.1 The Client requests an appointment or several appointments with a number of persons determined in advance by the Service Provider. The service provider or its employees shall receive and store all relevant data of the client(s) in order to carry out the appointment(s), in particular to prepare and make contact.

8.2 With the request, the Client expressly agrees that all personal data, as well as any health data, may be stored by the Service Provider within the framework of the statutory provisions of the Federal Data Protection Act (BDSG) and processed by the Service Provider personally and its employees for the purpose of managing and performing the services.

8.3 This consent shall apply irrespective of the conclusion of the remuneration agreement.

8.4 The client data shall be deleted and destroyed after the last appointment in accordance with the statutory provisions.

8.5 Client data will not be passed on to third parties, with the exception of the digital management of data using apps or programs such as Thrpy or a case discussion as part of supervision with colleagues. In the event of acute danger to oneself or others, the disclosure of data is permitted under certain circumstances.

8.6 Client data is stored on an encrypted storage device and in paper form in a locked cabinet and cannot be viewed by unauthorized third parties. It is not stored on online servers or on third-party platforms.

8.7 The client has the right to obtain information about the location and scope of the stored data at any time.

8.8 The client or seminar participant may object to the video or audio recording before it begins. Individual sessions will then not be filmed or recorded. Seminar recordings are subsequently edited in such a way that the participant is made unrecognizable. In the event of an objection to recordings, the service provider has the right to terminate the session. If the objection persists, the service provider has the right to refuse further support. This is for her protection and is non-negotiable.

§ 9 Documentation

9.1 The Service Provider shall document the individual sessions in a manual file and / or on audio or video recordings and / or digitally. The purpose of this is to ensure that no rights or legal interests of the client and the service provider are violated, impaired or otherwise attacked. Furthermore, this documentation shall be submitted as evidence of the proper fulfillment of the contract if required.

9.2 The documentation can be viewed by the client on request and can be canceled on request or waived in advance.

9.3 The audio and video recordings shall expressly not be published. The contracting parties may agree otherwise.

9.4 If the client expresses the wish to discontinue the documentation or not to record it at all, no support or similar can be provided.

9.5 The service provider is permitted to record sessions with sound and, if necessary, images. The parents or the person concerned are aware of this. The child’s parents or other authorized persons cannot view the recordings. The recordings are stored in encrypted form and serve as evidence if required. Possible deviations from this can be agreed if necessary.

§ 10 Final provisions

10.1 German law shall apply exclusively.

10.2 Should provisions of this contract or a future provision included in it be wholly or partially invalid or unenforceable or subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions of the contract. The same shall apply if it should transpire that the contract contains a loophole. In place of the invalid or unenforceable provision or to fill the gap, a provision shall apply that best corresponds to the valid or unenforceable provision from an economic point of view within the scope of what is legally permissible or, in the case of a gap, that takes into account what the contracting parties would have wanted according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision. This shall also apply if the invalidity of a provision is based on a measure of performance or time (deadline or date) prescribed in the contract; a legally permissible measure of performance or time (deadline or date) that comes as close as possible to the intended measure shall then be deemed to have been agreed.

10.3 Tirschenreuth is agreed as the place of jurisdiction, insofar as permissible.

10.4 The current provisions and agreements of the GTC and other documents shall apply (irrespective of the first booking / first contact), even if these are superseded in the meantime.