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General Terms and Conditions
(German: AGB)

Status: 05. Juni 2023

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FEELTASTIC 360

Sabrina Herrenkind

Drosselweg 23

DE - 68535 Edingen-Neckarhausen

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Scope and provider

(1) The General Terms and Conditions - hereinafter referred to as GTC - govern the contractual relationship between

FEELTASTIC 360

with the owner Sabrina Herrenkind

Drosselweg 23

68535 Edingen-Neckarhausen

Germany

 - in the following called supplier -

and you (consumers or entrepreneurs)

- hereinafter referred to as customers -,

in their version valid at the time of the conclusion of the contract.

You can retrieve and print the currently valid GTC at www.feeltastic360.com.

Any deviating GTC of the Customer will be rejected.

2. please read these terms and conditions carefully before using any service of the provider.

3. these terms and conditions apply to all contracts between provider and customer.

4. on the website we offer the following services:

  • Fasting courses

  • Coachings 

  • Intestinal counseling

  • Exercise training

  • Relaxation training

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Formation of the contract

Contracts on this portal can be concluded in German.

The customer must have reached the age of 18.

The access to the use of the service requires the registration. A registration comes into effect with the written registration on the website and thereby the customer accepts the present GTC. With the registration, a contractual relationship between the provider and the registered customer is established, which is governed by the provisions of these GTC. Likewise, an immediate payment is made by the customer. The customer must also sign documents and fill out questionnaires and medical history forms.

In case of insufficient number of participants, the provider reserves the right to cancel the program at least 3 days before the beginning or to reschedule it to a new date. This also applies if the registration has already been confirmed.

The presentation of the service on the website does not constitute a legally effective offer. Through the presentation, the customer is merely invited to make an offer.

By ordering a paid service, the registered customer enters into another contractual relationship with Feeltastic360, separate from the registration. The user - customer - will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship arises when the customer confirms the order and payment obligation by clicking the button "close contract with obligation to pay".

The customer agrees that the invoices are transmitted electronically. Electronic invoices are provided by e-mail or in the customer account of the website. The Provider shall inform the Customer for each service whether an electronic invoice is available.

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Description of the scope of services

1. The scope of services of the provider consists of the following services: Fasting courses, coaching, intestinal counseling, exercise training, relaxation training.  The seminar services include the preparation, organization and implementation of the courses according to the service description or program schedule.  Possible changes in the program do not justify any claims for compensation. In the provision of services, the organizer may also use a vicarious agent. Contractual partners are the provider and the customer. If a third party has ordered for the customer, he is liable to the organizer together with the customer as joint debtors for all obligations arising from this contract.

2. The offered courses and choachings are preventive courses for healthy people and serve the health care. The fasting events are expressly not therapeutic fasting in the clinical sense under medical supervision. Participation requires the signature of a declaration of exemption, in which the customer declares that he participates in the event on his own responsibility, he makes no claims against the initiators for any damage to body, health and property, and he is aware that the organizer is not liable for any such damage. The provider does not make any healing promises, does not prescribe and/or administer any medication, does not make any diagnoses based on health problems and does not carry out any treatments. Each client is responsible for his own health condition and medical care and, if necessary, its continuation. If you have any health questions or complaints, please consult your trusted physician, even in advance of a fasting seminar, if necessary. 

3. Fasting for Healthy is for preventive health care and is expressly aimed at participants of legal age who feel fit and healthy and wish to participate in the fasting program and associated activities on their own responsibility. Fasting for Healthy is not a therapeutic fasting in the clinical sense under medical supervision. The prerequisite for participation in a fasting program is therefore the health suitability of the client. This health suitability is not examined however by the offerer. In the case of doubt or with regular medicine admission a clarification is recommended by the family doctor before beginning of the chamfering week. Each customer is responsible for his or her own state of health and medical care and, if necessary, for its continuation. If a customer is not able to cope with the stated physical requirements of a normal fasting event, this is the customer's responsibility. Basic requirements as well as exclusion due to certain medical indications will be discussed during a pre-registration consultation and recorded upon registration. A corresponding questionnaire is available on the website or from the provider. If a customer does not meet the physical and health requirements for participation in a fasting seminar and / or has not provided complete information in this regard in the questionnaire and if damage to his health occurs as a result, the provider is not liable for this. The provider has the right, at its own discretion, to require the customer to submit a clearance certificate from the attending physician based on the information provided in the questionnaire or to exclude the customer from participation in the fasting seminar. This also applies in the case of incorrect, missing or incomplete information on the state of health. Any payments already made will be refunded in accordance with the regulated cancellation conditions before the start of the course; once the course has begun, no refund will be made. 

4. When choosing the online program, the customer must provide the necessary technical equipment, since these courses are held online and are not tied to a fixed location.

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Accommodation contract

1. If, in addition to the seminar offer, there is also an accommodation contract, this accommodation contract of the customer exists directly between the customer and the respective accommodation establishment (hotel, hostel, etc.). The provider acts only as an intermediary.

2. The payments for the accommodation are to be made directly to the accommodation establishment.

3. Complaints, changes and special requests regarding the accommodation are to be addressed by the customer directly to the accommodation provider.

4. The respective general terms and conditions and the cancellation conditions of the accommodation provider apply.

5. The provider assumes no liability for contracts with third parties.

6. If a registration for a double bed room is made and no 2nd person can be found for this room, the single room surcharge must be paid.

7. If a third party has ordered for the customer, he is liable to the accommodation provider together with the customer as joint and several debtors for all obligations arising from the accommodation contract.

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Prices and shipping costs

1. To use the products/services from the provider, registration is required first.

2. In order to purchase the products/services, the customer must register and create a user account.

3. If the customer wishes to use a service that is subject to a charge, he will be informed in advance of the charge. In particular, he will be informed of the respective additional scope of services, the costs incurred and the method of payment.

4. The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.

5. The prices displayed in the store are total prices including the statutory VAT. All prices shown in the store include the statutory VAT. If shipping costs are incurred for deliveries, they will be displayed including VAT and charged additionally.

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Terms of payment​

Please check terms of use.

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Registration and termination

1. Furthermore, the customer declares that he and, to his knowledge, no member of his household has been convicted of an intentional criminal offense that endangers the safety of third parties, in particular of a criminal offense against sexual self-determination (§§ 174 ff. StGB), a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 242 ff. StGB) or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.

2. A user account is for the sole and personal use of the customer. The customer may not authorize third parties to use this account. A customer may not transfer his own account to third parties.

3. A customer is, subject to reservation, entitled to unsubscribe in writing by mail, e-mail or telephone at any time without giving any reason. At the same time there is the possibility to deactivate the user account completely and personally within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.

4. If a customer has registered for a paid service or product, the customer can cancel 14 days before the booking period. If this deadline is not met, the paid service will be extended by this period, depending on the selected booking period, and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by e-mail or letter and will be confirmed by us in writing. So that the cancellation of the customer can be assigned, the full name, the deposited e-mail address and the address of the customer must be provided.

5. The provider may terminate the contract at its sole discretion, with or without prior notice and without giving reasons, at any time. The provider further reserves the right to remove profiles and/or any content published on the website by or from the user. If the Provider terminates the User's registration and/or removes the User's profiles or published content, there is no obligation to inform the User about the reason of the termination or removal.

6. Following any termination of any individual use of the Provider's services, the Provider reserves the right to send an information about it to other registered users with whom the Provider assumes that they were in contact with the User. The Provider's decision to terminate the User's registration and/or to notify other Users with whom the Provider assumes that the User has been in contact does not imply or imply in any way that the Provider makes any statements about the individual character, general reputation, personal characteristics or lifestyle.

7. Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such information may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.

8. If a user's access is blocked and/or the contractual relationship is terminated due to a culpable breach of contract, the user shall pay damages in the amount of the agreed fee for the remaining term of the contract.

9. After termination of the contractual relationship, all data of the user will be deleted by the provider, unless the user agrees that the customer account remains in existence until it is independently deleted, or deleted after the customer account has not been used for 24 months.
 

Exclusion regulations
If a customer does not recognize the rules of the provider of the respective courses, for example the fasting rules, and refuses to follow them and/or continues to violate the principle of comradely togetherness in the group, he/she can be excluded from the seminar. The exclusion does not constitute a refund of the seminar fees.

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Limitation of liability

1.The provider assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers and other content generated by the customers.

2.With regard to the services or products sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, the provider is not liable for services of the participating customers. Accordingly, all matters relating to the relationship between the customers, including, without limitation, the services or products received by a customer or payments due to customers, should be addressed directly to the respective party. 3.The Provider cannot be held responsible for and hereby expressly disclaims all liability of any kind whatsoever including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or undisclosed, in any way whatsoever in connection with the said matters.

4.Each Customer shall be fully responsible for its own actions throughout the Program. Therefore, the customer must ensure that he/she has sufficient private liability insurance against damages.

5.For damages resulting from injury to life, body or health, the provider is liable only if they are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider.

For other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely), the provider is only liable if they are based on an intentional or grossly negligent breach of duty of the provider or on an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of the provider.

6.The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they shall amount to a maximum of 5% of the order value.

Claims for damages based on injury to life, limb or health or freedom are subject to a limitation period of 30 years; otherwise after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence (§ 199 Abs.1 BGB).

7.The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.

8.For damage from the injury of the life, the body or the health is liable 

9.Liability of the provider due to technical malfunctions before, during or after an online course is excluded, as far as these have not arisen in the area of responsibility of the provider. The provider has the discretion to decide whether or not to continue the online course in the event of technical disruptions.​

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Offsetting and right of retention

1.The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the supplier.

2.The customer may exercise a right of retention only if your counterclaim is based on the same contractual relationship.

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Withdrawal, cancellation, cancellation policy

  1. Cancellation must be made in writing. In addition to the regulations made here, the legal regulations apply.

  2. In case of cancellation before the beginning of the course, the customer has to pay as compensation for already made arrangements and expenses before the beginning of the event: up to 14 days a handling fee of 50,-- EUR; from 14 days - 7 days 50% of the total amount; from 7 days before the beginning of the event the total amount. The 1st course day counts as the beginning. The total claim is the stated seminar fee.

  3. If the customer withdraws from the course during the course, no payments will be refunded. If the customer cancels participation during the course for reasons for which the customer is responsible, 100% of the program fee will be due. The right to extraordinary termination for cause remains unaffected.

  4. If the customer is a consumer in the sense of § 13 BGB, he has a right of withdrawal according to the following provisions:

  5. Right of withdrawal: the customer has the right to withdraw from this contract within fourteen (14) days without giving any reason. For more information see "Terms of use"!

  6. Consequences of revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use one kind of payment that you used for the original transaction, unless we inform you otherwise; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.


  7. Exceptions to the right of withdrawal: You must pay for any loss of value of the goods only if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. The right of withdrawal does not exist or expires for the following contracts: for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature; for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery; for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs; for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded; for services, if the provider has provided them in full and you have noted and expressly agreed before the order that we can start providing the service and you lose your right of cancellation upon complete fulfillment of the contract; for the delivery of newspapers, journals or magazines, with the exception of subscription contracts.

  8. These cancellation rules also apply in case of illness and unforeseeable events of the customer. It is therefore advisable to take out travel cancellation insurance.

  9. Services not used during the event do not entitle the customer to a proportional refund.

  10. Cancellation by the provider: If a booked event cannot take place due to an event for which the provider is not responsible, such as illness, accident, severe weather, etc., the provider is entitled to appoint a sufficiently qualified substitute. If no substitute course leader can be provided, this entitles the customer to withdraw from the contract and receive a refund of the course fee. Customers are to be informed of this immediately. Further claims cannot be considered.

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Data protection

  1. If personal data (e.g. name, address, e-mail address) is collected, the provider undertakes to obtain the prior consent of the customer. The provider undertakes not to pass on any data to third parties unless the customer has given his prior consent.

  2. The provider points out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this regard, the liability of the provider is excluded.

  3. Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.

  4. The customer has the right at any time to receive from the provider complete and free information about the data concerning them.

  5. Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.

  6. Further information on data protection can be found in the separate privacy policy.

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Cookies

  1. Cookies may be used to display the product range. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser. Please see more information in "Terms of use"!

  2. Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

  3. Through the use of cookies, the provider of this website can provide more user-friendly services that would not be possible without the cookie setting.

  4. The provider points out that some of these cookies are transferred from the provider's server to the customer's computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from the customer's hard drive at the end of the browser session. Other cookies remain on the customer's computer system and enable the provider to recognize the customer's computer system on his next visit (so-called permanent cookies)

  5. The customer can object to the storage of cookies, for this purpose a banner is available to which the customer can object or accept.

  6. Of course, the customer can set his browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of the browser or software manufacturer.

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European Dispute Resolution Service

The European Commission provides a platform for online dispute resolution for consumers (in accordance with Article 14 (1) ODR Regulation) at https://ec.europa.eu/consumers/odr.

The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

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Final provisions

  1. Contract language can be German.

  2. No products or services are offered for purchase by minors. Our products for children can only be purchased by adults. If a customer is under 18, they may use the provider only with the involvement of a parent or guardian. Persons under the age of 16 are also not entitled to purchase the services or products with the participation of a parent or guardian.

  3. If the Customer violates these Terms and Conditions and the Provider does not take any action against it, the Provider is still entitled to exercise its rights on any other occasion when the Customer violates these Terms and Conditions of Sale.

  4. The Provider reserves the right to make changes to the website, rules, conditions including these GTC at any time. The terms and conditions of sale, contractual terms and conditions in force at the time of the order shall apply to the Customer's order, unless a change to these terms and conditions is required by law or by order of a public authority (in which case they shall also apply to orders placed previously). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

  5. The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced according to its meaning and purpose by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

 

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Note: translated with www.deepl.com -> without warranty

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