General Terms and Conditions for Somayeh Hakimi Life & Business Coaching
1. Scope
1.1 These general terms and conditions apply to all legal transactions with consumers and businesses at Somayeh Hakimi Life & Business Coaching, Rothenbaumchaussee 179, 20149 Hamburg. Legal transactions may take place in person, by mail, messenger, email, during initial consultations, or through the website.
1.2 The languages available for contract formation are primarily English and, in some cases, German. Translations in other languages are provided solely for informational purposes.
1.3 Only these terms and conditions apply. We will not recognize any terms and conditions that you provide which contradict or deviate from ours unless explicitly agreed to by us in writing or in text form.
2. Applicable Law and Consumer Protection Regulations
2.1 The law of the Federal Republic of Germany applies, excluding international private law and the UN Sales Law applicable in Germany if: a) You order as a business, b) You have your usual residence in Germany, or c) Your usual residence is in a country that is not a member of the European Union.
2.2 If you are a consumer as defined in § 13 of the German Civil Code (BGB) and you have your usual residence in a member state of the European Union, the applicability of German law also applies, while mandatory provisions of the state in which you have your usual residence remain unaffected.
3. Conclusion of Contract, Payment Terms, and Duration of Contracts
3.1 The subject of the contract may include services such as 1:1 coaching sessions, group coaching sessions (live and online), mentorings, workshops and trainings, online courses, retreats, and products such as e-books and workbooks.
3.2 All offers on the internet are non-binding and do not constitute a legally binding offer to conclude a contract.
4. Prices, Payment Terms, and Due Dates
4.1 Our prices include the statutory German VAT.
4.2 An invoice will generally be sent to you by email in the form of a PDF document. The invoice amount is due immediately upon receipt and is to be paid within 7 days.
4.3 Payment is due prior to the start of the service or delivery of the product. Access to the respective offers and products depends on the receipt of payment.
5. Contractual Rights and Obligations
5.1 Access to online programs and digital content is personal and non-transferable.
5.2 The duration of each service or product is specified at the time of booking. You have the right to cancel the service according to the cancellation policy provided at the time of purchase.
5.3 We reserve the right to modify the terms and conditions and the content of services based on legal, technical, or business developments.
6. Cancellation and Refunds
6.1 You have the right to cancel your contract within the statutory period and may be entitled to a full or partial refund according to the terms of the cancellation policy in effect at the time of your purchase.
6.2 Details of the cancellation policy will be clearly communicated at the time of booking and are available on our website.
7. Liability and Dispute Resolution
7.1 We are liable for intent and gross negligence. For other instances of negligence, liability is limited to the foreseeable, contract-typical damages.
7.2 The parties agree to submit to the exclusive jurisdiction of the courts located in Hamburg, Germany, for the resolution of any disputes arising out of or in connection with the contract.
8. Final Provisions
8.1 Any changes to these terms and conditions must be made in writing to avoid misunderstandings or disputes about the contract's content.
8.2 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
9. Data Protection and Confidentiality
9.1 We collect and process your personal data only to the extent necessary for the fulfillment and processing of our services and for complying with our contractual obligations. All personal data is treated confidentially and in accordance with the legal provisions.
9.2 You agree not to disclose any confidential information obtained during coaching sessions, workshops, or any other service provided by Somayeh Hakimi Life & Business Coaching. This confidentiality obligation applies during and after the termination of the services.
10. Intellectual Property
10.1 All content provided during the coaching sessions, workshops, and other services, including but not limited to training materials, documents, and online courses, are the intellectual property of Somayeh Hakimi Life & Business Coaching. You are granted a non-exclusive, non-transferable right to use the provided materials for your personal use only.
10.2 You agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these terms and conditions) content and information contained on or obtained from or through the services provided by Somayeh Hakimi Life & Business Coaching.
11. Force Majeure
11.1 Neither party shall be liable for any failure to perform its obligations where such failure results from any cause beyond the party's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation (including "line-noise" interference).
11.2 In the event of a force majeure, we shall attempt to resume the service as soon as possible. The affected party will notify the other party promptly and will make all reasonable efforts to mitigate the effects of the force majeure.
12. Amendments and Modifications
12.1 We reserve the right to amend these terms and conditions at any time. All amendments to the terms will be posted online. We will make reasonable efforts to communicate any changes to you via email or our website. However, it is your responsibility to check the terms regularly for changes.
13. Dispute Resolution
13.1 In the event of any disputes, we strongly encourage you to contact us directly to seek a resolution before resorting to the courts.
13.2 Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Hamburg, Germany.
14. Severability
14.1 If any part of these terms and conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
15. Governing Law
15.1 These terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of laws rules.
16. Entire Agreement
16.1 These terms constitute the entire agreement between you and Somayeh Hakimi Life & Business Coaching regarding the use of the services. They supersede any prior agreements between you and Somayeh Hakimi Life & Business Coaching regarding your use of the services.
These updated terms are designed to ensure clarity and mutual understanding in the provision of services at Somayeh Hakimi Life & Business Coaching. We encourage you to read them carefully and contact us with any questions or concerns.
17. Communication and Notices
17.1 All communications and notices made or given pursuant to this Agreement must be in the English language. We may give notice to you via email, a posting on our website, or other reasonable means. You may give notice to us via email or by postal mail to our address.
18. Waiver
18.1 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19. Customer Support and Contact Information
19.1 For any questions or concerns regarding our services or these terms, please contact us at our customer support email: sh@somayehhakimi.de.
We aim to respond to all inquiries within 48 hours.
20. Access to Services
20.1 We do not guarantee that the services will always be available or be uninterrupted. Access to the services is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our services without notice. We will not be liable to you if for any reason our services are unavailable at any time or for any period.
21. Your Responsibilities
21.1 You are responsible for making all arrangements necessary for you to have access to our services. You are also responsible for ensuring that all persons who access our services through your internet connection are aware of these terms and conditions, and that they comply with them.
22. Modifications to Services
22.1 We reserve the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services.
23. User Conduct
23.1 You must not use our services in any way that causes, or is likely to cause, the services or access to them to be interrupted, damaged, or impaired in any way. You understand that you, and not we, are responsible for all electronic communications and content sent from your computer to us and you must use the services for lawful purposes only.
24. Termination
24.1 We may terminate or suspend access to our services immediately, without prior notice or liability, if you breach any of the terms and conditions of this Agreement. Upon termination, your right to use the services will immediately cease.
25. Feedback and Complaints
25.1 Feedback and complaints should be directed to the contact information provided above. We strive to resolve any complaints efficiently and to the satisfaction of all parties involved.
This version of the General Terms and Conditions for Somayeh Hakimi Life & Business Coaching is effective from the date of the last update and may be amended from time to time. Please ensure you are familiar with the current version.
December, 19th 2024