General terms and conditions of katja lustenberger – schule der sinnlichkeit
I GENERAL PROVISIONS
1. Subject matter of the contract
1.1 The following general terms and conditions (hereinafter referred to as “GTC”) apply to all services of katja lustenberger – Schule der Sinnlichkeit, Ringstrasse 11, 3629 Kiesen (hereinafter referred to as “katja lustenberger”).
1.2. katja lustenberger owns and operates the platform www.katjalustenberger.com and provides on it paid and free consulting and training services online and offline in connection with personal development, health, sensuality, pleasure and sexuality. Furthermore katja lustenberger sells books, online courses and other products in the above mentioned area.
2. Contract documents
2.1 These GTCs regulate the principles of the cooperation.
2.2 Individual contracts are integral parts of the contract and describe the exact service and the remuneration with the customers.
2.3 The respective binding version of the GTCs is published on the Internet at
www.katjalustenberger.com. With acceptance of the offer and with the use of the services (see number II12.1 hereafter) the clientele (in the following called “the customers”) recognizes the GTCs as obligatory.
3. Scope of services of katja lustenberger
3.1 The scope of services results from the course description on the website or, if applicable, from an individual order confirmation.
3.2 Customers receive the support listed in the program description. Further support, e.g. in the form of additional individual sessions or telephone calls, is not offered free of charge.
3.3. katja lustenberger is free to select her customers and reserves the right not to consider interested parties without giving reasons.
3.4. katja lustenberger undertakes to design her software in such a way that it is compatible with the widely used programs.
3.5. katja lustenberger is not responsible, however, for the prevention of course participation due to technical problems.
4. Withdrawal, cancellation and postponement of services
4.1 Once ordered, products and services cannot be exchanged, returned or postponed.
4.2. katja lustenberger may fully charge appointments which customers cancel less than 48 hours before the appointment. In all other respects, special cancellation regulations apply on the website or in individual contracts (especially concerning VIP days).
4.3 Customers are not entitled to a refund for unused services.
4.4 In the event that the instructor is unavailable or for other important reasons, katja lustenberger may postpone or cancel the courses. In these cases, customers will be offered an alternative. Only if this is not possible or if they present a justified reason for refusal, they are entitled to a refund of the course costs. Further claims are excluded.
5 General obligations of the customers to cooperate
5.1 Customers shall inform katja lustenberger in due time of all requirements necessary for the fulfillment of the contract. They shall ensure that all duties to cooperate are performed in good time, to the required extent and free of charge for katja lustenberger. The duties to cooperate are essential duties of the customers. These duties to cooperate include, among others, that the customers:
a) ensure that the necessary technical requirements are in place in order to participate in courses (valid e-mail address and internet access). These costs are borne by the participants;
b) obtain a medical check-up before using a service;
c) have sufficient insurance coverage.
5.2 If the customers do not fulfill a required obligation to cooperate, do not do so on time or do not do so in the agreed manner, the resulting consequences (e.g. delays, additional expenses, etc.) shall be borne by the customers.
6. Rules of conduct when using the service
6.1 The Customers undertake to comply with the following rules of conduct:
6.2 The Customers undertake,
a) to keep the personal password and their access identification carefully and protected from access by third parties and to protect them from misuse and loss.
b) not to harass other participants.
7. Involvement of third parties
7.1. In her role as coach/mentor, katja lustenberger is entitled to involve auxiliary staff, expert third parties and other vicarious agents, if necessary, to provide the agreed service.
8. Remuneration
8.1 The prices published on the website www.katjalustenberger.com (in CHF or EUR, plus VAT or other taxes) are binding.
8.2 Invoices can be sent by e-mail to the customer’s e-mail address or by post. If delivery by mail is expressly requested, a handling fee of EUR 5 per invoice may be charged.
8.3 Any objection regarding the invoices must be received by katja lustenberger by registered mail within a maximum of 15 days after the invoice date. Thereafter, the invoice shall be deemed accepted. An objection does not release the customer from the obligation to pay.
8.4 Invoices are due for payment without deduction within 20 days after the invoice date. katja lustenberger is also entitled to offer courses only against the payment of an advance.
8.5 With the unused expiration of the payment deadline, customers are automatically in default without the need for a reminder. Late payment shall bear interest at the rate of eight percent (8%) per annum and service shall be interrupted.
8.6 Before the service is interrupted, a registered reminder will be sent and an additional reminder fee of CHF /EUR 25 will be charged.
9. Service changes, changes of the GTSs
9.1. katja lustenberger reserves the right to adjust or discontinue prices, services and GTCs at any time. Such changes will be made known to the customer in an appropriate manner, e.g. via newsletter, as an enclosure to the invoice or by publication on the website.
10. Liability of katja lustenberger
10.1. katja lustenberger is not liable for the effects of given advice or for the participation in courses.
11. Property rights and data protection
11.1. katja lustenberger guarantees that she does not violate any industrial property rights of third parties with her offer and her services.
11.2 All contents made available in and for the courses remain the exclusive property of katja lustenberger. Any reproduction or other use of the worksheets is expressly prohibited.
11.3. katja lustenberger commits herself to treat customer data in accordance with the applicable swiss legislation in the field of data protection.
11.4. katja lustenberger commits itself to treat the received information confidentially.
11.5 Personal data will not be passed on to third parties for purposes of advertising or market research. A storage takes place exclusively for the completion of the contract or for information purposes opposite the customers (e.g. newsletter).
II FINAL PROVISIONS
12. Contract duration and termination
12.1 The contract begins with the acceptance of the offer of katja lustenberger, respectively with the use of a service by the customer. The offer as well as its acceptance can be made in writing or verbally.
12.2. katja lustenberger may discontinue its services or terminate the contract in whole or in part with immediate effect if there are important reasons, in particular if the customers:
a) use services of katja lustenberger for illegal actions;
b) are in arrears with the payment of the remuneration;
12.3. katja lustenberger reserves the right to terminate the cooperation at any time without giving reasons within 5 days (via email or letter post). In this case paid fees for not yet used services will be refunded.
13. Severability clause
13.1 If any provision of this agreement is invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of any other provision of this Agreement. The invalid or unenforceable provision shall be replaced by a valid provision that best reflects the economic intent of the provision in question.
14 Written form
14.1 Special agreements between the parties shall only be valid if they are recorded in writing. The use of e-mail is equivalent to the written form.
15 Applicable law and place of jurisdiction
15.1 The contract shall be governed by Swiss substantive law.
15.2 The place of jurisdiction is Bern. Mandatory places of jurisdiction remain reserved.
15.3 These GTCs can be viewed at any time at www.katjalustenberger.com and customers have accepted them when ordering the service.
Bern, December 2019
