General terms and conditions THINKKNIHT UG (haftungsbeschränkt)
1. Scope of application
These general terms and conditions govern the relationship between THINKKNIHT UG (haftungsbeschränkt) (hereinafter referred to as “THINKKNIHT UG” or simply “we/us”) and its customers (“you”) for all contracts for online individual coaching packages entered into via thinkkniht.com, including all downloadable digital products in the thinkkniht.com webshop. When you purchase and download one of these digital products or book one of our online individual coaching packages, these terms and conditions (T&Cs)are expressly accepted. Separate or additional terms and conditions will not be accepted, unless expressly agreed by us in writing or in text form. We will send you the T&Cs again by e-mail, together with further information about your contract (term, price).
2. Contract terms
In making our online single coaching packages and digital, downloadable goods available on our website, we invite you to submit a binding offer to conclude contracts on these products according to the stated conditions. First, you can buy as many goods as you like at the same time by clicking the “Add to Cart” tab in your virtual shopping cart. The order process is completed in three steps. In Step 1, enter your personal information. In step 2, select the payment method. In step 3, you have the option to check and, if necessary, change the data you enter. A contract between you and the THINKKNIHT UG will only come into effect after you have clicked on the “Buy Now” tab at the end of the order process, completed the payment using your chosen method and have received confirmation by e-mail (see below). When using PayPal ™ you will be forwarded to the PayPal ™ website to complete your purchase. If using Stripe™, you conclude your order by entering your credit card details and clicking the “Pay” tab. During the ordering process, i. e. before the contract is concluded, you can always make any changes you want to your order. The order process can also be terminated at any time by closing the browser window. Immediately after sending your order you will receive a confirmation by e-mail. In this e-mail, or in a separate e-mail, we will send you all the contract details (consisting of order overview, GTC with revocation instruction, data protection declaration and order confirmation) on a durable data medium (e-mail / PDF or paper).
We save the details of your contract, while maintaining your privacy, and only insofar as this is necessary for the execution or settlement of the contractual relationship. We also refer you to our separate data protection declaration (link)
3. Prices and payment
All prices shown on our website are inclusive of the applicable statutory value-added tax. After concluding your contract, you can see the price as well as the duration of your products from your invoices. You can pay by credit card (Stripe ™) or Paypal ™. The full payment for your product is generally due immediately after conclusion of the contract. You can choose between different payment options for your product in the ordering process. Your credit card or your Paypal ™. account will be debited immediately. If your credit card or PayPal™ payment fails due to reasons for which you are responsible (e.g. insufficient funds), then you must reimburse us for any resulting costs. In the event of a failure of payment, no contract will be concluded.
4. Requirements for online coaching offers
In order to make use of THINKKNIHT UG’s online coaching products you will need a computer and an Internet connection (minimum 1MBit download and 0.5 MBit upload). Coaching is given using the latest version of Skype ™, Google Hangouts or similar means of communication. Make sure that such software is installed on your computer. You need a microphone. The use of a webcam is recommended. It is solely your responsibility to create these prerequisites. To ensure our service quality, individual sessions can be recorded. In this case, we will point you back to the beginning of the session. If you do not require this, please let us know at the beginning of the session.
5. Delivery of digital products
Your digital product is delivered through a link provided by us. This will be sent to you via e-mail to the address you specified during the ordering process. It is your responsibility to provide the appropriate software, which guarantees the opening, saving and printing of the digital products.
6. Regulations relating to the provision of online coaching services
Appointment dates of online coaching services are deemed fixed, unless cancelled by the customer. Cancellation of personal online individual coaching sessions is possible up to 48 hours before the agreed date. In this case, an alternative date is agreed with the coach.
If THINKKNIHT UG is unable to meet a deadline for the performance of one of its services due to force majeure, illness, accident or other circumstances beyond the control of THINKKNIHT UG, THINKKNIHT UG shall be entitled to deliver the service at another time. This is done with the exclusion of any liability for damages.
THINKKNIHT UG recommends that individual appointments of a multi-hour package are spaced 7 days apart, with a maximum of 14 days. In order to ensure the continuity and quality of our online coaching sessions, the customer must have claimed all the sessions of a package that contains 10 or fewer sessions within 6 months after entering into the contract. Any session that has not been used will then expire. There are no (partial) refunds, as THINKKNIHT UG keeps the services available only within this period.
THINKKNIHT UG reserves the right to provide the individual coaching services in cooperation with a partner or to commission third parties to provide the services. Of course, THINKKNIHT UG will remain responsible for the service provided.
THINKKNIHT UG guarantees the high quality of individual coaching by applying comprehensive measures. The coaches are carefully selected and thoroughly prepared for their task and the special requirements of THINKKNIHT UG coaching. This also includes random recording of individual coaching sessions to ensure the highest standards.
6. Intellectual Property Rights
The customer acknowledges the intellectual property rights of THINKKNIHT UG and its documents including all content (online coaching documents, training documents, etc.), digital content included. Unless otherwise agreed, no part of the coaching documents and the downloadable digital products may be reworked, processed, reproduced, published or made publicly accessible without the written consent of THINKKNIHT UG. The documents and digital products are intended for personal use only and may not be passed on to third parties. Use is only permitted for the purposes stated in these terms and conditions.
7. Data protection, confidential information
THINKKNIHT UG will observe all data protection requirements, in particular the requirements of the Federal Data Protection Act and the Telemedia Act. Please refer to our separate Privacy Statement (Link).
In addition, THINKKNIHT UG undertakes to maintain strict confidentiality on all business, company and private matters acquired in connection with its activities, even after the termination of the relationship. The customer is aware and agrees that the personal data required by the THINKKNIHT UG to log the order will be stored on data media. The customer expressly agrees to the collection, processing and use of his personal data. This data is passed on to third parties only if this is necessary in the light of section 6 (4) for carrying out the contractual relationship between THINKKNIHT UG and the customer. No further transfer of the data to third parties takes place.
THINKKNIHT UG is obliged to maintain confidentiality regarding all information that is known to it in connection with its activities on behalf of the customer, unless the customer releases THINKKNIHT UG from this duty of confidentiality in writing.
THINKKNIHT UG points out that data transmission on the Internet (for example, when communicating via Skype ™ or e-mail) may have security gaps. When these channels are selected, it is not possible to protect the data completely from access by third parties.
Start of Cancellation Policy
8. Cancellation Policy
8a) Right of cancellation
You have the right to cancel this contract within a period of fourteen days without giving reasons.
The cancellation period shall be fourteen days from the date of conclusion of the contract (date of payment).
To exercise your right of cancellation, you must contact us, THINKKNIHT UG, Goerzallee 299 | 14167 Berlin | Germany, by means of a clear statement (e.g., a letter or e-mail sent to firstname.lastname@example.org) about your decision to cancel the contract. You can use the enclosed sample cancellation form, but this is not required.
In order to comply with the cancellation terms, it is sufficient that you send us notification of your intent to cancel before the end of the cancellation period.
8b) Consequences of the cancellation
If you cancel the contract, we will refund all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the selection of a delivery option other than our cheapest standard delivery), within a period of fourteen days from the date on which the notice of cancellation of your contract has been received by us. For such repayment we will use the same payment you used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged a fee for these refunds.
If you have requested that the services be commenced within the cancellation period, you will pay us a reasonable amount equal to the proportion of the services already provided by us (compared to the full scope of services covered in the contract) up until the time you inform us that you wish to exercise your right of cancellation. The services already rendered are therefore deemed to have been used and are excluded from the cancellation.
8c) Special provisions
Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of cancellation.
8d) Exclusion of the right of cancellation of downloadable digital products (Section 356 (5) BGB)
Your right of cancellation expires prematurely if THINKKNIHT UG has begun to provide you with the digital products before expiry of the period of cancellation and you have explicitly agreed to the waiving of your right of cancellation.
To this end you will be clearly informed when provided with the download link that you lose your right of cancellation by completing the download and agree to this fact.
End of Cancellation Policy
9. Limitation of liability
The contents and documents of the online coaching and the digital products, information and advice are carefully prepared according to the current state of knowledge. However, THINKKNIHT UG assumes no liability for the correctness, timeliness and completeness of the coaching documents and content, information and advice. THINKKNIHT UG assumes no liability for the utilization of the acquired knowledge.
The contracts concluded by THINKKNIHT UG are service contracts, unless otherwise expressly agreed. The object of the contract is, therefore, the provision of the agreed services, not the attainment of a certain success. In particular, THINKKNIHT UG is not liable for the achievement of any specific economic result or test result.
THINKKNIHT UG is not liable for the loss of communication networks, the functionality of data networks, servers or data lines to its computer centre and the permanent availability of your Internet pages.
THINKKNIHT UG shall only be liable for damages caused intentionally or by gross negligence.
Compensation for the infringement of material contractual obligations is limited to the type of contract-foreseeable damages, limited in scope to direct damage to the assets, and limited in amount to such foreseeable damages.
Liability or claims for damages in case of injury to life, body or health remains unaffected.
THINKKNIHT UG is responsible simply for the individual coaching service (or provision of digital contents). Any additional result is not a contractual object.
10. Conditions of Termination
The online coaching products terminate automatically upon completion of the agreed hours or, alternatively, if the customer does not book in any remaining hours, despite a reminder, within the timeframe of 6 months following the order (see point 6) which were not be terminated previously.
If the customer has not used up or booked in the ordered online coaching offer within the maximum timeframe, there is no entitlement to a (proportionate) refund of the price paid.
11. Other conditions/Taxes
We would like to point out that you are solely responsible for any special tax (e.g. withholding tax) or other import surcharges or duties due to your domicile abroad. If we are charged at our expense (receipts / deductions), we will recalculate the corresponding amount, so that the original price stated by us is actually received by us. We are entitled to retain our services until the agreed price is credited to us in full.
12. Final provisions
The place of performance is Berlin – Steglitz Zehlendorf (Germany).
If the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general jurisdiction in Germany, the local court of jurisdiction is Berlin – Steglitz Zehlendorf (Germany).
The laws of the Federal Republic of Germany apply exclusively.
The contract language is English.
Should any provision of these terms and conditions or a regulation be or become invalid under other agreements, this shall not affect the validity of all other provisions or agreements. An invalidated contract provision will be replaced by a provision which most closely approximates the invalidated provision. Agreements that do not concur with these terms and conditions are only valid if they have been agreed in writing.
Valid as of: 31.12.2016