Part 1

Scope and Applicable Law

1 Scope of application

(1) The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs with

Tessa Joy Garrelts
Rua Luís Monteiro
1900-310 Lisboa
www.joyful-transformation.de

hereinafter referred to as “I”. The legal transactions can be made by e-mail, contact form or through the website. An online store for goods, digital goods and services is operated via the website https://tessa-joy-garrelts.trainercentralsite.eu/#/allcourses.

(2) The language available for the conclusion of the contract is English. Translations into other languages are for your information only.

(3) These terms and conditions apply exclusively. Conflicting or from these terms and conditions deviating conditions, which you use, are not recognized by me, unless I have expressly agreed to their validity in writing or in text form.

2 Applicable law and consumer protection regulations

(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany if:
a) you order as an entrepreneur,
b) you have your habitual residence in Germany, or
c) your habitual residence is in a country that is not a member of the European Union.

(2) In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code) and you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.

(3) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

(4) The version of these GTC valid at the time of booking shall apply.

(5) The prices at the time of booking shall apply.

(6) If certain discount or promotional offers are advertised, these are limited in terms of time or quantity. There is no entitlement to them.

 

Part 2

Formation of the contract, payment modalities, duration of the contracts

3 Conclusion of the contracts, storage of the contract text

(1) The following regulations concerning the conclusion of the contract apply to orders placed via our online store at https://joyful-transformation.de.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online store, the following regulations shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:

Selection of the desired goods, digital goods, selected service(s),
Clicking the corresponding button (e.g. “I’m in” or similar), Checking the information in the shopping cart,
Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
Completion of the order by pressing the button “Sign up”. This represents your binding order.
The contract is concluded when you receive an order confirmation from us to the specified e-mail address within three working days.

(4) In case of conclusion of the contract, the contract is concluded with Tessa Joy Garrelts, Rua Luís Monteiro, 1900-310 Lisboa.

(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, is carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the text of the contract after conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that they are not blocked by SPAM.

 4 Subject matter of the contract

(1) The subject of the contract may be the following services (the list is not exhaustive):

Individual 1:1 Coaching
Group coaching
Workshops
Memberships
Online courses

(2) All offers on the Internet are non-binding and do not represent a legally binding offer to conclude a contract. The essential characteristics of the goods, digital goods and services can be found in the item description.

(3) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

5 Prices, terms of payment and due dates

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) For products/services purchased directly on the website, the following applies: The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise stated in the individual payment methods, payment claims are due immediately.

(2) The following applies to coaching sessions purchased after the initial consultation: An invoice will generally be sent to you by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice.

(3) Access to the respective services is conditional upon prior receipt of payment. As soon as I have received your payment, you are entitled to my corresponding service.

(4) In some cases I also offer payment by installments. The total amount can be increased compared to a full payment. I will inform you of this amount in advance. A premature termination of an installment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the possibly increased installment amount) at any time before the expiration of the agreed time in part or in total.

(5) Interest in the agreed amount (installment amount is usually higher than for a one-time payment) as well as costs for appropriate reminders will accrue for late payments both for purchase and installment purchase. In case of unsuccessful internal dunning, I can hand over the outstanding debt to a lawyer for collection. In this case, you will incur costs for the use of legal representation.

(6) If we have agreed on an installment payment and you do not pay after a reminder in text form and a grace period, I am entitled to terminate the installment payment prematurely and the entire outstanding amount will then be due immediately.

(7) You are not entitled to assert a right of retention against payment claims of me or to offset them; unless they are undisputed or titled counterclaims.

(8) If a SEPA direct debit mandate granted by you is cancelled without legal reason, you will have to pay the bank fees for return debits as well as the legal advice. In addition, such an action may also have criminal consequences.

(9) If you are in default of payment or otherwise in arrears, I am entitled to refuse performance or delivery until all due payments have been made. Furthermore, I am entitled to withhold, interrupt, delay or completely stop services without being obliged to compensate for any damage incurred. These rights shall apply without prejudice to any other contractual or statutory rights and claims of mine.

6 Conclusion of the contract
6.1 For bookings made by e-mail or via my contact form, the following applies:
(1) In the case of coaching, the preparatory initial meeting between me and you forms the basis for the consulting service. You contact me via e-mail or contact form.

(2) In the initial meeting we clarify any questions you may have about the process, the content and whether my offer is suitable for you and your request.

(3) Afterwards you let me know directly in the conversation or by e-mail if you would like to work with me.

(4) Offer: With the order by e-mail you offer me the conclusion of a binding sales contract.

(5) Acceptance: The contract between me and you is concluded when you receive my confirmation e-mail with the coaching agreement.

(6) You also declare that you have read and accepted these terms and conditions.

(7) As a payment option, you can pay by bank transfer, Paypal or Stripe. You will receive an invoice from me by e-mail. The total invoice amount is due immediately. As soon as your payment is received, you are entitled to my corresponding consideration.

If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

If payment is made by means of a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

If the payment method “SOFORT” is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, must identify himself accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction will be executed immediately afterwards by “SOFORT” and the customer’s bank account will be debited. More detailed information about the payment method “SOFORT” can be found by the customer on the Internet at https://www.klarna.com/sofort/.

If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to reject this payment method in the event of a negative credit check.

6.2 For bookings of my events via my website the following applies:

(1) If you select an online course, membership, group coaching or workshop, you will be taken to its product page and find all the information, content and price.

(2) If you have decided to participate in one of offers, click on the button “I’m in / Sign up”. Afterwards you have the possibility to choose a ticket.

(3) If you click on “Check Out” you will be redirected to a contact form, which you have to fill out. By clicking on the respective boxes you give your consent to the storage and processing of your data and your agreement to my terms and conditions, the right of withdrawal and the privacy policy.

(4) As a payment option you can use credit or debit card via Stripe as a payment service, as well as Paypal. Furthermore, you will be asked for your address. Please fill out both and finish the order process.

(5) Afterwards you will receive an order confirmation with your login information.

7 Contract term and termination
(1) The respective term of our contract depends on the booked coaching. As a rule, the contract ends automatically by fulfillment. This means that you have paid my entire fee and I have rendered the corresponding service in return.

(2) The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on my part exists in particular if you are more than 2 times in arrears with payments, if you intentionally violate provisions of these Terms and Conditions and / or intentionally or negligently committed prohibited acts or our relationship of trust is permanently disturbed.

 

Part 3

Details of the service offer and cancellation conditions

8 Range of services and place of coaching

(1) You can see the service offers under the descriptions of the respective coaching on my website.

(2) Unless otherwise agreed between us, the coaching will take place online via Zoom.

9 Scope of services

The exact terms and agreements of a 1:1 Coaching is stated in the Coaching Agreement that is sent to you prior to the start of a 1:1 Coaching.

10 Right of withdrawal for consumers

(1) As a consumer you have a right of withdrawal. This is governed by our cancellation policy.

(2) The revocation period begins with the conclusion of the contract. The contract is concluded at the moment you receive the confirmation email of the purchase by me.

(3) For services, such as coaching, there are the following special features regarding the right of withdrawal:

a) If you buy the coaching program and I should start directly or within the 14-day withdrawal period with the service, you waive insofar the right of withdrawal to which you are entitled.
b) I point this out here with the following passage: “You expressly request that I begin with the service before the end of the withdrawal period of 14 days. You are aware that you lose your right of withdrawal if I provide the service in full. In the case of a partial performance to you (as a customer) within the withdrawal period, I am entitled – even in the case of a revocation – the consideration (payment) for the service provided.

(4) In the case of digital content / products, there are the following special features with regard to the right of withdrawal:

a) If you buy a digital product and you receive the entire content directly after payment, you waive the right of withdrawal to which you are entitled.
b) I point this out directly BEFORE completing the order with the following passage: “I hereby waive my right of withdrawal of 14 days, so that I can directly access the digital content in full”.

11 Cancellation of the Coaching by Tessa Joy Garrelts
(1) I am entitled to cancel a coaching (1:1 or for groups), seminars & workshops if I fall ill at short notice and no replacement can be provided.

(2) In the aforementioned case we will first try to find a replacement date. If this is not possible, you will be refunded the participation fee. Further costs, such as possible accommodation and travel costs incurred by you, will not be covered.

(3) If you act contrary to the contract by violating these terms and conditions, I have the right to exclude you from the coaching program. This is especially the case if you disrupt the course of the coaching program and do not refrain from doing so even after being asked to do so, or if you repeatedly fail to keep to agreements made (e.g. appointments). In this case no costs will be refunded.

 

Part 4

Rights and duties of the customer

12 Right to use the digital content or the documents from the coaching program, online courses etc.
(1) Audio/video and PDF files, accompanying e-mails and other documents may be accessed (downloaded) and printed out by you as the customer and only for your own use. Downloading and printing of files is only permitted within this framework. In this respect, you as the customer may also have the printout made with the technical support of third parties (e.g. a copy store). In all other respects all rights of use of the files and documents remain reserved to me. This means that the samples and documents and also the imparted knowledge may not be made available to third parties, neither free of charge nor for a fee. Also, the documents are not intended for consulting use.

(2) Therefore, in particular the making of copies of files or printouts for third parties, the passing on or forwarding of files and documents to third parties or any other utilization for other than own study purposes, whether against payment or free of charge, requires the express prior written consent of me during and also after termination.

(3) The trademarks and logos listed on the documents enjoy protection under the Trademark Act. You are obligated as a customer to use the documents and files accessible to you only within the scope expressly permitted here or permitted by virtue of mandatory statutory regulation even without my consent and not to promote unauthorized use by third parties. This shall also apply after termination, revocation or cancellation of the participation.

(4) Forms of use that are permitted by virtue of mandatory statutory provisions shall of course remain exempt from this reservation of consent.

13 Collection, storage and processing of your personal data
(1) For the implementation and processing of a booking I need the following data from you:
First and last name
Address
e-mail address
for entrepreneurs also company name and VAT ID number.

Which specific data is mandatory can be seen from the mandatory fields depending on the product.

(2) Registration is also required for free digital content.
Name
E-mail address

(3) For paid services, the name and company name must be correct. The same applies to the address. Invoices are created on the basis of this information. If corrections should become necessary here, this can lead to additional expenditure, which I will compute in appropriate height.

(4) In case of a change of personal data, especially in case of a change of e-mail address, please inform me by e-mail to hallo@joyful-transformation.de.

14 Own provision of suitable IT infrastructure and software
You as the customer are responsible for providing and guaranteeing Internet access (hardware, telecommunication connections, etc.) and other technical equipment and software necessary for the use of my online offers (especially web browsers and PDF programs such as Acrobat Reader®, Zoom) yourself and at your own expense and risk.

15 General information about coaching by Tessa Joy Garrelts and exclusion of medical or psychotherapeutical treatment
(1) Coaching is a free, active and self-responsible process. A certain success cannot be promised and is not owed. The coaching can show you directions and accompany your own free decisions.

(2) Participation is not psychotherapy or medical treatment and is not intended to replace it. The coaching requires a normal mental and physical resilience. Please seek medical treatment if you have any medical conditions. I reserve the right to cancel the coaching program in such cases.

(3) If you are already undergoing medical treatment and/or medication, please first discuss with your treating doctor/therapist to what extent you can participate in my coaching.

(4) It is important to me that you can use the coaching in the best possible way, therefore a physical and mental health is a prerequisite for your participation. You are fully responsible for your physical and mental health both during and after the coaching. All measures that you may take as a result of the coaching are your own responsibility.

(5) I explicitly point out that my consultations are not medical treatments or therapies. I am a psychologist (M.Sc.), but not psychotherapeutically trained.

15 Know-how protection and secrecy
(1) You are aware of the fact that all information which you receive during our cooperation about the way I provide my services (ideas, concepts and operating experience (know-how) developed by me) and which must be kept secret due to legal regulations or the nature of the matter are subject to business secrecy. For this reason you undertake to keep the business secret and to maintain silence about the aforementioned information.
(2) Within the scope of a reference agreed upon in writing, you are entitled to speak/write about the way of cooperation with me.
(3) The obligation to maintain secrecy shall survive the end of our cooperation.
(4) The following information is not affected by the confidentiality obligation
was already known before the confidentiality obligation,
was developed independently of me
was or is publicly accessible at the time of receipt of the information or subsequently became publicly accessible through no fault of yours.

(5) For each violation of the confidentiality obligation, an appropriate contractual penalty will be due.

 

Part 5

Confidentiality and liability regulations

17 Confidentiality of both parties
(1) I commit myself to keep silent about all confidential information of you during the duration and also after the end of the coaching program.

(2) You are obligated to maintain secrecy about all information that is to be treated as confidential, of which you gain knowledge in the course of the cooperation, and to use this information only in relation to third parties with my prior written consent. This also applies to all documents that you receive from me in the context of the coaching program or to which you have access.

(3) In group programs, the duty of confidentiality also applies to confidential information of the other participants that you learn about them in the course of the program.

18 Liability for contents
(1) In my coaching sessions I show options for action and give general recommendations for action if necessary. The responsibility for implementation and making decisions is yours alone.
(2) The files and documents I provide are samples that you have to adapt to your needs. A liability for completeness and topicality of these samples is not taken over.
(3) I reserve the right to optimize and adapt the contents at any time.

19 Limitation of liability

I shall be liable to the Customer from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

19.1 I shall be liable for any legal reason without limitation

in case of intent or gross negligence,
in case of intentional or negligent injury to life, body or health,
on the basis of a warranty promise, unless otherwise regulated in this respect,
on the basis of mandatory liability such as under the Product Liability Act.

19.2 If I negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.

19.3 Any further liability of the Provider is excluded.

19.4 The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.

 

Part 6
Final provisions and alternative dispute resolution

20 Amendment of these GTC
These GTC may be amended if there is an objective reason for the amendment. This can be, for example, changes in the law, adaptation of our offers, changes in case law or a change in economic circumstances. In the case of significant changes that affect you, we will inform you in good time about the planned changes. You have a 14-day right of withdrawal after the information. After expiration of this period, these new regulations have become an effective part of the contract.

21 Final provisions & Alternative Dispute Resolution
(1) The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should, in order to avoid ambiguities or disputes between us about the agreed content of the contract, be made in writing – whereby e-mail (text form) is sufficient.

Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

(2) Alternative Dispute Resolution: The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

(3) Should individual provisions of this contract be or become invalid, this shall not affect the rest of the contract. The scope of services agreed in the provision shall then be adjusted to the legally permissible extent.