Terms of use
Status: 18. Juni 2023
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Terms
(1) This website (the "Site") and/or the services, including all associated mobile applications/apps (together: the "Services"/"Services"), and all offers and bookings of events and/or services that we organize and/or market alone or together with the relevant Services ("Events" and the booking of such Events: "Event Booking"/"Bookings"), through the Site, is owned and operated by FEELTASTIC360 / Sabrina Herrenkind (hereinafter also: "we", "us" and "our(s)"). These Terms of Use ("Terms") set forth the terms and conditions under which visitors or users (collectively, "Users" or "you") may visit or use the Site and/or the Services.
(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site and/or use the Services. Please read these Terms carefully before accessing our Site or using the Services. These Terms tell you who we are, how to use the Services, and what to do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services. If you are a minor, you can use the Services only with the permission of your parents or legal guardians.
Member Account
(1) To access and use certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than you accesses your Member Account and/or your settings, they may perform any actions available to you and, for example, make changes to your Member Account. Therefore, we strongly advise you to keep the login information for your member account safe. Such activities may be deemed to have been done for you and on your behalf, and you may be solely responsible for such activities that occur under your Member Account, whether or not expressly authorized by you, and for all damages, expenses and losses resulting therefrom. You will be liable for activities related to your Member Account in the manner described if you negligently enabled the use of your Member Account by failing to exercise reasonable care in protecting your login credentials.
(3) You may create and access your Member Account through a designated website or through a third-party platform such as Facebook (the "Social Network Account"). If you sign up through a Third Party Platform Account, you hereby grant us access to certain information about you that is stored in your Social Network Account.
(4) We may permanently or temporarily block or suspend your access to the Member Account, without liability to you, to protect us, our Site and Services, or other users, for example, if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your Member Account upon two months' notice by email if, for example, we discontinue our Member Account program. You may stop using and request deletion of your member account at any time by contacting us.
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Booking of offered services
(1) You can make bookings to purchase the offered services or participate in events. Through our Site or Services, we may authorize you to make appointments to use our Offered Services and to book services/events for a fee. When you make an appointment for one of our offered services, you agree to show up at the specified location at the scheduled time and to pay the displayed price via the agreed upon payment method. When you make a payment in our services, you agree that: (i) you are responsible for reading the full entry for the event before making a binding booking; (ii) you are entering into a legally binding contract to book an event when you complete the booking process. If it is not possible for you to keep the agreed appointment, you agree to cancel this appointment no later than 24 (twenty-four) hours before the originally agreed time. If you do not cancel an agreed appointment or do not cancel it by 24 (twenty-four) hours before, you will not receive a refund for any payments already made.
(2) We may require payment for a particular service offered. When you make a payment in our offered services, you agree that: (i) you are responsible for reading the full listing and description of the Offered Services before making a binding booking; and (ii) you are entering into a legally binding contract to book an Offered Service when you complete the booking process.
(3) You may select the Offered Services and Available Appointments you wish to book and collect them in a shopping cart by making the appropriate selection (e.g., type of Offered Services, quantity (if applicable), date and time of the appointment) and clicking the applicable button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for Services offered at any time (provided that you will only be charged the amount you agreed to prior to the price change) and to correct any inadvertent pricing errors effective in the future.
(4) Before you click on the "Book" button, all of the offered services and dates you have selected, including the total price, will be displayed again in a booking summary. You can then still identify and correct any input errors before you place your final binding booking order. By clicking the "book with obligation to pay" button, you place a binding order for the booking of the offered services on the selected date. However, the order can only be placed and transmitted once you have accepted these terms and conditions by clicking on the corresponding box and have thus included them in your booking order.
(5) We will then send you an automatic confirmation of receipt of your booking order by e-mail, in which your booking order is listed once again and which you can then print out or save using the corresponding function. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet represent our acceptance of this order.
(6) The legally binding agreement on the booking of the offered services is only concluded when we send you a confirmation e-mail. We reserve the right not to accept your booking order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment process is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract shall be deemed concluded when you have initiated the booking process, as described above, by clicking on the "book with obligation to pay" button.
(7) The contract can be concluded in German. After conclusion of the contract, the terms of the contract will be stored by us, you will then no longer have access to them.
(8) The fees for the offered services are due before the start of the service. In the event that payment for the offered services is to be made offline, you hereby agree to send payment in full prior to the scheduled time of the appointment. We reserve the right to refuse to provide the offered services at any time if payment has not been received for them.
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Refunds are not subject to cancellation protection
Agreed dates for services offered may occasionally be cancelled due to events beyond our control, such as natural disasters. In these cases, you will receive a refund.
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Confirmation Process
Please note that access to the event can only be granted after confirmation through our services and that access to certain events may require personal identification
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Storage of online payment details
You may save a preferred payment method for future use. In this case, we store these payment details in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your stored card by its last four digits.
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Right of cancellation
(1) If you make a booking of the offered services via the Site or the Services, the following instructions inform you about your right of withdrawal.
You can revoke this contract within 14 days without giving any reason.
The revocation period expires 14 days after the conclusion of the contract.
To exercise your right of withdrawal, you must send us
FEELTASTIC360 - Sabrina Herrenkind,
Drosselweg 23, DE-68535 Edingen,
info@feeltastic360.com
about your decision to revoke this contract by means of an unambiguous statement (e.g. a letter by mail or e-mail). You can (but do not have to) use the attached cancellation form for this purpose.
In order to comply with the withdrawal period, it is sufficient that you send your notice of exercise of your right of withdrawal before the expiry of the withdrawal period.
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Consequences of the revocation
If you revoke this contract, we will refund to you - without undue delay, but in any case not more than 14 days after receipt of the notification of your revocation - all payments already received from you. We will make such refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such refund.
If the requested commencement of services is within the withdrawal period, you must pay us a reasonable amount equal to the proportion of the services already provided (in relation to the total scope of services provided for in the agreement) at the time you notified us of the exercise of the right of withdrawal in relation to this agreement.
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Expiry of the revocation period
(1) The right of withdrawal expires in the case of agreements for the provision of services (e.g. training or coaching services) if we have fully performed the contractually agreed services and have only started to provide the services after you have expressly agreed to this and at the same time confirmed that you are aware that your right of withdrawal expires as soon as we have fully performed our services.
(2) If you have a right of withdrawal, you can use the following withdrawal form to exercise this right. However, this is not mandatory.
Cancellation form
(Fill out and return this form only if you want to revoke the contract)
- To FEELTASTIC360 - Sabrina Herrenkind, Drosselweg 23, DE-68535 Edingen, info@feeltastic360.com, .
- I/we (*) hereby give notice that I/we (*) revoke my/our (*) contract for the provision of the following services.
- Ordered on (*)/received on (*)
- Name of the customer(s)
- Address of customer(s)
- Signature of Customer(s) (only if this form is delivered in paper form)
- Date
_______________
(*) Delete where not applicable.
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Warranty for offered services
We are liable for quality defects of our offered services according to the legal warranty regulations, if the offered services are work performances according to German law.
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Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers are available from time to time for our offered services ("Offers"). Such Offers are valid only for the period specified in such Offer. Offers may not be transferred, modified, sold, bartered, reproduced or distributed without our express written permission.
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Permitted use
(1) Our services are provided to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in any unlawful or fraudulent manner (including infringement of any third party's rights) or for any purpose to collect personally identifiable information or impersonate any other user; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to tamper with or distort any Content or undermine the integrity or accuracy of any Content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download any material that does not comply with our Content Standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other malicious programs or similar computer code designed to interfere with the operation of computer software or hardware (vii) robots, spiders, other automated devices or manual processes to monitor or copy our website or other web pages or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with us in any investigation of any activity that is suspected of or actually violates these Terms.
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Intellectual Property Rights
(1) Our Services and related content (and any derivative works or enhancements thereof), including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: "our Intellectual Property Rights") and nothing in these Terms grants you any rights in connection with our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal requirements for use of the Services, you do not acquire any right, title or interest in or to our Intellectual Property Rights. Any rights not expressly granted in these Terms are expressly reserved.
(2) If the Services include the provision of digital content, such as music or video, you are granted the rights as set forth with respect to such content on the Site.
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User Content
(1) You may post on or through the Service(s) text, files, images, photographs, videos, sounds, musical works, copyrighted works, audio files, fonts, logos, trademarks, illustrations, compositions, applications, comments, information, and other appropriate material (collectively, "User Content").
(2) By displaying or publishing ("posting") User Content on or through the Service(s), you hereby grant us a non-exclusive, fully paid-up, royalty-free, worldwide, limited license to use, modify, delete, add to, publicly perform, publicly display, and publicly reproduce such User Content, publicly display, and reproduce such User Content as part of the Services by distributing any or all of the Services in the appropriate media formats through the media channels we support, except that User Content that has not been publicly ("privately") shared will not be distributed outside of the Services.
(3) You represent and warrant that: (i) the User Content you upload or make available through the Services is owned by you or you otherwise have the right to grant the license described in this Section; (ii) posting and using your User Content on or through the Service(s) does not violate any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person; and (iii) posting your User Content on the Services does not violate any contract between you and any third party.
(4) If you believe that your work has been copied or otherwise used in a way that constitutes copyright infringement, you may notify us by providing us with the following information (our contact information for this is in the last section of these Terms):
(i) the contact information of the person authorized to act on behalf of the copyright owner;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of the material that you claim is infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (including a URL address);
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(v) a statement that the information in the notification is accurate, and an affidavit that you are either the copyright owner or authorized to act on behalf of the owner of a copyright that is allegedly infringed.
(5) We reserve the right to notify the person or entity that has provided notification of infringement of any counter-notification and to provide all details contained therein.
(6) We can be contacted at the following address:
Name: FEELTASTIC360 - Sabrina Herrenkind
Address: Drosselweg 23, DE-68535 Edingen, Germany
E-mail: info@feeltastic360.com
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Disclaimer of Warranties for Use of the Site and Services.
The Services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy, and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not warrant that free services will be provided uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or upgrades.
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Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, or any User Content uploaded or made available by you in violation of the warranties set forth in the "User Content" section, unless such circumstances are not due to your fault.
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Limitation of Liability
(1) We shall only be liable in the event of intent, gross negligence, negligent injury to life, limb or health or in the event of a slightly negligent breach of a material contractual obligation, and only in the case of chargeable services. A "material contractual obligation" means an obligation, the performance of which is a basic requirement for the proper implementation of the agreement and on which you normally rely and on which you can reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of a usual and foreseeable damage for this type of contract.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They shall also apply in favor of our managing directors, executive employees or other legal representatives, employees and vicarious agents.
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Modification of Terms and Services; Discontinuance
(1) We reserve the right to modify these Terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms periodically and in any event when you register for a Member Account (if applicable). The new Terms will apply to your use of the Service after they become effective. If any ongoing services you use are affected by the changes to the Terms, we will reasonably consider your legitimate interests in doing so. We will notify you of such changes in a timely manner in advance. You will be deemed to have accepted the changes unless you object to them within two months of such notice. We will advise you of this in our notice. If you object to the changes, we will have a special right of termination - without further obligation to you - effective as of the date the changes take effect.
(2) We may change the Services, discontinue providing the Services or any feature(s) of the Services provided, or limit the Services. We may permanently or temporarily terminate or suspend access to the Services or the Services themselves - without cause and without further obligation. We will notify you in advance in a timely manner, if possible under the circumstances, and will give due consideration to your legitimate interests in taking such action.
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Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have added links to other sites does not mean that we endorse their owners or their content.
Applicable law
(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of any breach or default hereunder shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience of reference only and shall have no legal significance.
(3) Except as otherwise expressly provided, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be stricken and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us entered into pursuant to these Terms, or any or all of your contractual rights or obligations, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede any prior written or oral agreements between you and us in connection with the Services.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation, provisions relating to indemnities, releases, disclaimers, limitations of liability and this Miscellaneous section.
Contact
To contact us, please send an email to:
FEELTASTIC360 - Sabrina Herrenkind
Drosselweg 23, DE-68535 Edingen, Germany
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