1.1 These Terms and Conditions (hereinafter "T&C") of EGOEXIT c/o Heena Raj UG (limited liability) (hereinafter "Provider") apply to all contracts for participation in coaching sessions (hereinafter "Events") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the events displayed on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these T&C is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2.1 The Provider offers both online and in-person events. The content of the event is set out in the respective description on the Provider's website.
2.2 For online events, the Provider provides its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Provider makes suitable application software available to the Customer before the start of a video conference; the Provider may also use third-party services for this. The Customer's system must meet certain minimum requirements for error-free participation in the online video conference, which are communicated to the Customer on the Provider's website. The Customer is responsible for compliance with the system requirements. The Provider is not liable for technical problems due to inadequate system requirements on the Customer's side.
2.3 For in-person events, the Provider provides its services exclusively through personal contact with the Customer and in premises selected by the Provider. Unless otherwise stated in the Provider's description, the Customer has no right to choose specific premises for the desired event.
2.4 The Provider provides its services through qualified personnel selected by the Provider. The Provider may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Provider's description, the Customer has no right to choose a specific person to conduct the desired event.
2.5 The Provider provides its services with the greatest care and to the best of its knowledge and belief. However, the Provider does not guarantee any specific result. In particular, the Provider does not warrant that the Customer will achieve any specific learning outcome or reach any specific performance goal. This also depends on the personal effort and commitment of the Customer, over which the Provider has no influence.
3.1 The events described on the Provider's website do not constitute binding offers by the Provider but serve for the Customer to submit a binding offer.
3.2 The Customer may submit an offer via the online registration form provided on the Provider's website. After entering their data in the registration form, the Customer submits a legally binding contractual offer regarding the selected event by clicking the button that completes the registration process. The Customer may also submit the offer to the Provider by email, telephone or via LinkedIn messaging.
3.3 The Provider may accept the Customer's offer within five days
If several of the above alternatives occur, the contract is formed at the time when the first of these alternatives occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration. The same applies if the event selected by the Customer begins before the expiry of the acceptance period and the Provider does not accept the Customer's offer at least 24 hours before the start of the event, unless the parties have agreed otherwise.
3.4 When registering via the Provider's website, the contract text is stored by the Provider after conclusion of the contract and sent to the Customer in text form (e.g. email) after submission of their order. The Provider does not make the contract text accessible beyond this.
3.5 Before binding submission of the offer via the Provider's online registration form, the Customer may correct their entries at any time using the usual keyboard and mouse functions.
3.6 The German language is available for the conclusion of the contract.
3.7 If the Customer registers additional participants for an event, they undertake to be liable for the contractual obligations of all participants they have registered, provided they make a corresponding declaration when registering.
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal policy.
5.1 Unless otherwise stated in the Provider's offer, the prices quoted are net prices plus statutory value added tax.
5.2 Costs for travel, accommodation and meals for in-person events are not included in the price and are to be borne by the Customer, unless otherwise stated in the Provider's description.
5.3 Payment options are communicated to the Customer on the Provider's website.
5.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract and before the start of the event, unless the parties have agreed a later due date.
6.1 Only the person named in the confirmation of registration is entitled to participate. Transfer of the contract to a third party is only possible with the consent of the Provider.
6.2 If a third party enters into the contract between the Customer and the Provider, they and the Customer are jointly and severally liable to the Provider for the participation fee and any additional costs arising from the third party's entry.
7.1 The Provider may set a minimum number of participants for its coaching sessions. If a minimum number of participants is set, the Provider will expressly indicate this in the description.
7.2 If the minimum number of participants is not reached, the Provider may withdraw from the contract by declaration to the Customer no later than seven days before the start of the coaching. The Provider will send the withdrawal declaration to the Customer without delay after learning that the number of participants has not been reached, and no later than seven days before the start of the coaching.
7.3 If the Provider exercises its right of withdrawal in accordance with the above, the Customer may request participation in another event of at least equivalent value if the Provider is able to offer such an event from its range at no extra cost to the Customer. The Customer must assert this request to the Provider without delay upon receipt of the Provider's declaration.
7.4 If the Customer does not exercise their right in accordance with the above, the Provider will refund any participation fee already paid to the Customer without delay.
8.1 The Provider reserves the right to change the time, place, coach and/or content of the event, provided the change is reasonable for the Customer taking into account the interests of the Provider. Only minor changes to the services that become necessary after conclusion of the contract and were not brought about by the Provider in bad faith are reasonable. The Provider will inform the Customer in good time in the event of a change to the time, place, coach and/or content of the event.
8.2 In the event of a substantial change to the services, the Customer may withdraw from the contract free of charge or instead request participation in another event of at least equivalent value if the Provider is able to offer such an event from its range at no extra cost to the Customer.
8.3 The Customer must assert the rights in accordance with the above without delay after being informed by the Provider of the change to the services.
8.4 The Provider is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the coach, with full refund of any participation fee already paid. In the event of cancellation of the event, the Provider will endeavour to arrange an alternative date.
Independently of any statutory right of withdrawal, the Provider grants the Customer the right to cancel their registration for an event of the Provider free of charge under the following terms (contractual right of withdrawal):
9.1 The Customer may cancel their registration up to 30 days before the start of the booked event without giving reasons by submitting a declaration to the Provider in text form (e.g. email). Receipt of the declaration by the Provider is decisive for compliance with the cancellation period. If the Customer cancels their registration in due time, the Provider will refund any participation fee already paid in full within two weeks of receipt of the declaration. For this purpose, the Provider may use the same means of payment that the Customer used for their payment to the Provider.
9.2 Any statutory right of withdrawal of the Customer is not restricted by the right of withdrawal set out above.
10.1 The contract is concluded for a fixed term corresponding to the contract term evident from the respective course description of the Provider and ends automatically after expiry of the contract term.
10.2 The right of the Provider and the Customer to terminate the contract for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing the interests of both parties.
10.3 Notice of termination may be given in writing or in text form (e.g. by email).
10.4 The period for the purchased coaching sessions ends after 3 years. Within the 3 years, the Customer may book coaching sessions with the Provider.
11.1 The Provider is the owner of all rights of use required for the conduct of the event. This also applies to teaching materials that may be provided to the Customer in connection with the event.
11.2 The Customer may use the content of the event, including any teaching materials provided, only to the extent required for the contractual purpose agreed by both parties. Without separate permission from the Provider, the Customer is not entitled in particular to record the event or parts of it or to reproduce, distribute or make teaching materials publicly available.
11.3 For online events, course-related teaching materials (e.g. handouts) are provided to the Customer exclusively in electronic form by email or for download. Unless otherwise agreed, the Customer has no right to receive the teaching materials in physical form.
The Provider's liability to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses is as follows:
12.1 The Provider is liable without limitation for every legal reason
12.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless liability is unlimited in accordance with the above. Material contractual obligations are obligations which the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
12.3 Otherwise, the Provider's liability is excluded.
12.4 The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's place of business. If the Customer has its seat outside the territory of the Federal Republic of Germany, the Provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims under the contract can be attributed to the Customer's professional or commercial activity. However, the Provider is in any case entitled in the above cases to bring an action before the court at the Customer's seat.
The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Consumers have a right of withdrawal under the following terms, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (EGOEXIT c/o Heena Raj UG (limited liability), Bernhard-Nocht-Straße 109, 20359 Hamburg, Germany, Tel.: 017621255324, Email: heena.raj@egoexit.de) by means of a clear statement (e.g. email) of your decision to withdraw from this contract.
You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery we offer), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the services should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
The right of withdrawal expires early if we have fully performed the service and we only began performance of the service after you had given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal once we have fully performed the contract.
If you wish to withdraw from the contract, please complete this form and return it.
