Terms of Service

Terms and Conditions and Participant Information

 

For better readability, the generic masculine is used in the following work. It is emphasized that men, women, inter and trans* people as well as people who do not want to or cannot assign themselves to any gender are always meant.

 

 

 

§ 1 Provider

Unless expressly stated otherwise, the provider and contractual partner is:

Bluemount Coaching & Consulting GmbH
Gymnasiumstrasse 34
70794 Filderstadt
Federal Republic of Germany
Phone: +49 159 01023749
Email: kontakt@bluemount-group.de 
Internet: www.bluemount-group.de 
 
Authorized Managing Director: Fulya Izmir
Registered office of the company: 70794 Filderstadt, Federal Republic of Germany
Registration court: District Court of Stuttgart
Registration number: HRB 786260

VAT ID: DE123456789

 

Hereinafter referred to as "us" or "Organizer".

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§ 2 Scope
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1. These General Terms and Conditions ("GTC") apply to all orders and bookings by consumers within the meaning of Section 13 BGB and entrepreneurs within the meaning of Section 14 BGB (together "customers", "participants" or "clients") at Bluemount Coaching & Consulting GmbH. In particular, the General Terms and Conditions (GTC) apply to the relationship between newsletters and mailings, to the use of services and services offered, to the conclusion of a consulting and/or coaching contract and/or to the booking of seminars, events, further education and training We do not allow the use of our offers without prior acceptance of our terms and conditions. 

2. Our terms and conditions apply exclusively. Conflicting, deviating or supplementary conditions of the customer, which we do not expressly recognize, are non-binding for us, even if we do not expressly object to them. Counter-confirmations by the customer with reference to his terms and conditions are expressly contradicted. Our terms and conditions also apply if we carry out the delivery or service to the customer without reservation or otherwise do business in the knowledge of conflicting or deviating conditions of the customer.

3. All agreements made between Bluemount Coaching & Consulting GmbH and the customer result from these conditions and from individual consultation with the respective customer.

4. The version of our GTC that was valid before the use of our services is decisive.

 

5. All contractual agreements have the following priority:

• Individually agreed contracts

• Special Terms and Conditions

• These General Terms and Conditions

• Legal regulations.

In the event of contradictions, the first-mentioned agreements take precedence over the last-mentioned. Gaps are filled by the respective subordinate provisions.

 

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§ 3 Subject of the contract
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1. In particular, we offer our customers participation in, provision of and implementation of coaching, consulting services, seminars, further education and training, both multimedia, video-based, telephone, stationary and in hybrid form. Depending on the booking, the services are standardized or customized. The respective service description results directly from the offers of Bluemount Coaching & Consulting GmbH. 
 

2. We provide services for the customer in the field of management consulting, coaching and seminars as well as further education and training for professional and, in this context, personal development. We provide our contractual services with the greatest care and conscientiousness. Unless expressly agreed otherwise in writing, the basis of our offers is a service contract in accordance with §§ 611 ff. BGB. Thus, the provision of a work is not the subject of the contract for our services, a specific success is not owed. If separate remuneration has been agreed for achieving a certain level of success, this will be paid as a performance-based bonus. In principle, however, there is no entitlement to achieving concrete success. In particular, the organizer does not guarantee that the participant will achieve a certain level of learning success or that the participant will achieve a certain performance goal. Last but not least, this also depends on the personal commitment and will of the participant, over which the organizer has no influence.
 

3. With regard to the content of a coaching, service and/or consulting contract entered into with us, we have the right to determine performance in accordance with Section 315 of the German Civil Code.
 

4. The customer is obliged to cooperate within the framework of the contractual relationship. He will provide the necessary cooperative actions immediately upon our first request. If the participant provides the organizer with information and data for use, he assures that he is entitled to hand over and use this information and data. The organizer is not obliged to check the content provided by the participant, in particular with regard to whether it is suitable for achieving the purpose of the commissioned service.

 

5. These terms and conditions apply to all contracts for participation in coaching, consulting services, training, workshops, seminars, courses and other services (hereinafter referred to as "events") of Bluemount Coaching & Consulting GmbH that the customer concludes with us.

 

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§ 4 Services of Bluemount Coaching & Consulting GmbH

 

1. We offer both face-to-face and online events. The content of the event can be found in the respective event description on the organiser's website, in the offer or in the contract.

 

2. The face-to-face events take place in rooms selected by the organizer. The organizer provides its services exclusively in personal contact with the participant. The organizer is not obliged to use a specific room to hold the desired event, unless otherwise stated in the organizer's event description.

 

3. The organizer is not obliged to provide the services personally. He is entitled to involve qualified third parties as subcontractors for the provision of the object of performance. Furthermore, the organizer may use one or more vicarious agents to fulfill the contract. The participant has no right to the selection of a specific event manager for the selected event, unless otherwise stated in the organizer's event description.

 

4. The participants are responsible for creating the technical requirements for access to the online sessions and adequate participation, in particular the hardware used (computer, screen, headset, microphone) and operating system software, the connection to the Internet (ensuring the connection speed), the current browser software and the acceptance of the cookies transmitted by the provider's server. 

 

5. Operating errors of hardware and software are not at the expense of Bluemount Coaching & Consulting GmbH.

 

6. If there are technical problems on the part of the organizer and the lecturers that affect the implementation of the unit, the planned unit will be made up for at a later date.

 

7. If the company has a higher need for further training, we offer the customer individual conditions models depending on the annual turnover.

 

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§ 5 Conclusion of contract

1. The presentation and advertising of our services/services on our websites, brochures or within advertisements does not constitute a binding offer to conclude a contract with us, but rather an invitation to the participant, which is described on the website or in the offers of the organizer binding booking of services.

2. The contract between us and the customer can be concluded by telephone or in writing. If the contract is concluded by telephone, the customer will receive the contract content again in writing. 

 

3. We will immediately confirm receipt of the booking submitted by the participant by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless the acceptance is declared in addition to the confirmation of receipt. 

 

4. If the performance of the services ordered by the customer is not possible, for example for technical reasons, we will refrain from a declaration of acceptance. In this case, a contract does not come about. We will inform the customer immediately and, if necessary, immediately refund any consideration already received.

 

5. By submitting a booking via the online registration form on the organiser's website and by clicking the "Book with obligation to pay" button, the participant submits a legally binding booking (offer) in relation to the selected event. The participant can correct his entries at any time before sending his legally binding booking using the usual keyboard and mouse functions and can change his data at any time or cancel the ordering process.

 

6. All registrations for seminars, workshops, lectures or similar services are binding. A contract is formed when the organizer accepts and confirms the participant's booking. If the customer does not receive the confirmation of registration or receives it with delay, the contract is deemed to have been concluded if we do not declare our rejection within a period of 14 days. In the event of overbooking, the applicant will be informed immediately; A contract is not concluded in this case.

 

A contract between the contracting parties is also concluded

a) the organizer sends the participant a confirmation of registration in writing or in text form (by e-mail) and the relevant point in time is the receipt of the confirmation of registration by the participant, or

b) by the organizer asking the participant to pay after submitting his booking.

 

If there are several of the above alternatives, the alternative that occurs first is decisive for the conclusion of the contract. 

 

7. In the case of individual services, the customer receives a non-binding offer from us by e-mail, to which we are bound for one week, unless otherwise agreed. If we do not receive a declaration of acceptance from the customer by the end of the period, the offer loses its validity. If the customer accepts the offer within the week, the contract is deemed to have been concluded.

 

8. The point in time at which the contract is concluded between the parties depends on the payment method selected by the participant.

When selecting the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-full. During the ordering process, the participant is redirected from the organizer's website to the PayPal website. After entering his payment data and selecting the desired payment method, the participant also confirms a payment order to PayPal by clicking on the button that concludes the ordering process. After confirming the payment order, the organizer requests PayPal to initiate the payment transaction and accepts the participant's offer if the button that completes the ordering process is clicked.

 

9. The participant must ensure that the e-mail address provided by him for the booking process is correct so that the e-mails sent by the organizer can be received at this address. In particular, when using SPAM filters, the participant must ensure that all e-mails sent by the organizer or by third parties commissioned with the booking process can be delivered.

 

10. If the participant expressly declares to the organizer to register further participants for an event, the participant undertakes to be responsible for all claims against the organizer in this connection.

 

11. All information on the course and location of the event will be communicated to the customer in good time before the start of the event.

 

12. The lecturers are free to design their lecture and are responsible for the content of the event/lecture. 

 

13. Unless otherwise agreed, travel, accommodation and meals are not included in the price and are therefore to be borne by the customer himself.

 

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§ 6 Subject to change

 

1. We are entitled to make necessary content, methodological and organizational changes before or during the event, provided these do not significantly change the benefit of the announced event for the participant. This applies in particular to changing the date or location or providing a qualified substitute lecturer if the announced lecturer is unavailable. If the event cannot be held as planned due to force majeure, illness, accident or other circumstances for which we are not responsible, we are entitled to hold the event on an alternative date.

 

2. We reserve the right to cancel or postpone the event due to insufficient demand or insufficient number of participants or for other important reasons for which we are not responsible (e.g. sudden illness of the speaker, force majeure). There is also the possibility of holding a face-to-face event as a live online event. A change in this context will be announced in good time so that customers have the option of rebooking or canceling the event date free of charge.

 

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§ 7 Prices, terms of payment and provision of services

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1. The first contact is free of charge.

 

2. All of our prices are net prices and do not include the statutory sales tax. 

 

3. Our service is provided at the times specified in the main contract with the customer.

 

4. Depending on the agreement, the customer is obliged to perform in advance. The agreed remuneration is due immediately upon conclusion of the contract.

 

5. The payment for our services is generally due in full upon conclusion of the contract, unless the individual contractual agreement with the customer states otherwise.

 

6. Entrepreneurs and merchants will receive an invoice for the services booked.

 

7. A daily fee is agreed for each day started for meetings, analyses, training preparations and other tasks that are to be carried out jointly with the client or third parties. A daily or flat rate fee is agreed for seminars, training courses and workshops. In addition and after consultation with the client, the use of technical assistants and other necessary tools will be charged. When booking lectures, seminars, training courses and workshops, an immediate payment of 100% of the fee must be made in advance. These agreements apply as long as no other agreement is made with the customer. In the absence of an express agreement, an appropriate fee is owed.

 

8. Any travel expenses of Bluemount Coaching & Consulting employees and cash expenses will be charged separately.

 

9. In the event of a delay in payment, Bluemount Coaching & Consulting is entitled to charge default interest of 9.2% above the base interest rate (according to §456 UGB). Furthermore, the organizer is entitled to temporarily suspend ongoing services and to withdraw from the contract after an unsuccessful reminder. The customer assumes all dunning and collection expenses incurred and necessary for appropriate legal prosecution as well as legal prosecution costs.

 

10. When booking services that have to be paid for in advance, the customer can choose between the following payment methods: 

• Invoice: The customer must transfer the invoice amount to the account specified in the invoice.

• PayPal: If the customer selects payment via PayPal, he will be forwarded directly to PayPal at the end of the ordering process. If he is already a PayPal customer, he can register there with his user data and make the payment. If the customer does not already have a PayPal account, they can register as a guest or open a PayPal account and then confirm the payment. The receipt of payment is usually booked by us within a few minutes and your order is processed immediately.

• Payment by direct debit or credit card via PayPal without a PayPal account:

If the customer selects direct debit (via PayPal – no PayPal account required) as the payment method, the customer is automatically forwarded to the PayPal website after clicking the “Order now” button. There the customer will find another field under the login mask: "With direct debit or credit card". After clicking on the payment method and filling out the corresponding payment option, he clicks on it and fills in the corresponding payment option. At the end of the form, the customer still has to activate both checkboxes. The payment process is completed by the customer clicking on the "Agree and continue" button. PayPal accepts MasterCard, Visa and American Express credit cards.

• (SEPA) direct debit authorization: If a (SEPA) direct debit authorization has been granted, we will arrange for your account to be debited at the earliest at the point in time regulated in paragraph 5. When choosing this payment method, the customer is obliged to immediately send a written and signed SEPA direct debit mandate to: kontakt@bluemount.de (in advance) and Bluemount Coaching & Consulting GmbH, Gymnasiumstraße 34, 70794 Filderstadt (subsequently by post).

To do this, use the following template:

I authorize Bluemount Coaching & Consulting GmbH, Gymnasiumstraße 34, 70794 Filderstadt, represented by the managing director Fulya Izmir, and their vicarious agents to collect recurring payments from my account 

IBAN: 

to be collected by means of a SEPA core direct debit. At the same time, I instruct my bank to redeem the direct debits drawn on my account by Bluemount Coaching & Consulting GmbH, Gymnasiumstraße 34, 70794 Filderstadt. I can demand reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed with my bank for payments by direct debit in the SEPA core direct debit procedure apply. 

Account Holder First and Last Name 

Street and house number of the account holder

ZIP code and location

Credit institution (name and BIC)

IBAN:

Place and date

Signature of the account holder​

 

11. In the case of payment transactions from abroad, all bank charges are to be borne by the customer.

 

12. The various discount options we offer cannot be combined. This also applies to total prices that have already been discounted. In principle, you will receive the most favorable discount for you.

 

If you subsequently partially cancel, the above-mentioned discount will be taken back or debited.

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§ 8 Termination, Cancellation, Term

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1. The contract is firmly concluded for the term agreed in the respective main contract. 

 

2. The customer's early / free termination rights within the contract period are excluded. 

 

3. The right to termination without notice for good cause remains unaffected.

 

4. In the event of early termination by the customer for an important reason, our claim to remuneration remains unaffected. The customer reserves the right to prove that we have suffered no or significantly less damage.

 

5. The following cancellation regulations apply to seminars and events that are not individually prepared: If we receive the declaration of cancellation for good cause up to 8 weeks before the start of the event, processing costs amounting to 35% of the respective participation fee will be incurred. Less than 8 weeks and up to 4 weeks before the start of the event, 50% of the participation fee is due. In the event of a declaration of withdrawal (received by us) less than 4 weeks before the start of the event, the full participation fee will be charged. This also applies if the registered participant fails to appear. However, the customer reserves the right to prove that we have suffered no damage or a significantly lower damage than the amount of the aforementioned flat rates. The customer is obliged to provide us with qualified evidence of the important reason together with the declaration of withdrawal.

 

6. The cancellation must be made in text form (e.g. by email) to the organizer.

 

7. After consultation with us, a rebooking to another date is possible up to four weeks before the start of the booked event. Rebooking is only possible if the seminar fee has been paid in full. There is no entitlement to rebooking.

 

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§ 9 Retention of title

 

1. The (teaching) material remains our property until full payment has been made. 

Event and teaching materials may only be used by the participant for the intended purpose. Passing on to third parties or public distribution or making accessible course documents or teaching materials is not permitted. In particular, the publication of audio or video data, digital presentations or scripts in publicly accessible internet portals is prohibited.

In the event of an infringement, we are entitled to initiate consequences.

 

2. The violation of our company and business secrets as well as our copyrights will always be prosecuted under civil law and reported to the competent investigating authority under criminal law.

 

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Section 10 Default

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1. Deadlines for the provision of services by us do not begin before we have received the agreed invoice amount in full and, as agreed, the data required for the services are available to us in full or the necessary cooperation actions have been provided in full. If the organizer cannot complete his services in whole or in part within the agreed time for these reasons, the agreed time period will be extended appropriately.

 

2. If the customer is in arrears with payments due, we reserve the right not to carry out further services until the outstanding amount has been settled.

 

3. If the customer is in arrears with a payment due to us in the event of payment in installments, we are entitled to terminate the contract extraordinarily and to discontinue the services. We will claim the entire remuneration that is due by the next ordinary termination date as damages. Saved expenses are to be deducted.

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§ 11 Fulfillment

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1. We will carry out the agreed services according to the offer with the necessary care. We are entitled to use the help of qualified third parties / service providers.

 

2. It is agreed that, unless expressly agreed otherwise in writing, we owe the provision of services and not the production of a work. 

 

3. If we are prevented from providing the agreed services and the reasons for the hindrance stem from the customer's sphere, our claim for payment remains unaffected.

 

§ 12 Eligibility and Transfer of Contract

 

Only the person named in the registration confirmation is entitled to participate in the booked event. A contract transfer to a third party is possible with our consent. This does not incur any additional costs for the customer.

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§ 13 Rights of Use, Copyright, Brands and Trademarks

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1. The client recognizes the organizer's exclusive rights to the documents and information provided, whether or not they are protected by copyright, trademark law or competition law. All publications by us, documents, databases, Internet services, newsletters, articles, photos, videos, other images and products as well as all documents made available by us and the individual lectures at events of any kind are protected by copyright. Any duplication, distribution and/or public reproduction of the lecture or the documents, even in part, requires our prior written consent and that of the lecturer. It is also not permitted, without prior consent, to generate, reproduce or copy to data carriers unauthorized sound recordings and images (e.g. screenshots) during online sessions. The client may only use the documents provided during and after the end of the contractual relationship for those own business purposes that are covered by the contract and the specifically agreed scope of services. The client is not entitled to change analyses, opinions, reports, etc. from the organizer.

 

2. The participant hereby irrevocably agrees that we can make photo, audio and video recordings. The participant will be informed in advance about the recording. Furthermore, the participant hereby irrevocably agrees that we can use these recordings to advertise the products and seminars we offer. This includes in particular use in flyers, on the website, on our websites on third-party platforms (e.g. Facebook, YouTube), in newspaper advertisements and similar advertising measures. Bluemount Coaching & Consulting is entitled to include the client's company and the project in its reference list, ie to mention or list the company name, company identifiers or brands and a general description of the project to third parties. To a reasonable extent, the client agrees to provide information about Bluemount Coaching & Consulting after prior notification. Of course, no confidential data will be made public. 

 

3. The relationship between all parties involved requires strict confidentiality. We therefore undertake to treat as confidential and/or proprietary any information, data or document belonging to the customer or its associated company, whether written or oral and including but not limited to ideas, concepts, Methods, etc. ("Confidential Information"). Bluemount Coaching & Consulting GmbH, its employees and the cooperation partners involved undertake to maintain secrecy about all matters that become known to them in connection with their work for the client. The organizer may only hand over reports, expert opinions and other documents about the activity and its results to third parties with the consent of the client.

The obligation of confidentiality also applies to the period after the end of the contract. Exceptions are cases in which there is a legal obligation to provide information or if the organizer has been expressly released from the obligation of confidentiality by the client. In addition, the above obligations do not apply to information which is already in the possession of the public or becomes available to the public through any means other than through an act or omission of us.

 

4. By using our platforms, the customer agrees to the evaluation of individual user behavior and the collection of the associated data (including IP and MAC addresses), which may have personal reference, on the respective platform by our company and the use of corresponding software for the duration of the contract period. More detailed information can be found in the data protection declaration.

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5. The dissemination of information from other participants is prohibited. It may happen that other participants reveal in-house information and business details during group sessions; secrecy must always be maintained in relation to external parties and third parties. 

 

6. The customer does not receive any right of use in relation to advertising texts / advertisements published by us on our websites or within forums / groups. 

 

7. The customer guarantees to be the sole owner of all rights to all files, texts and images made available to us, in particular to own the rights of third parties if such are affected by the use. This also includes the rights of the persons depicted in the photos or the rights holders to the depicted objects, patterns, logos, etc. (motifs). The customer also guarantees that the files, photos, texts, images, advertising material do not violate applicable laws (in particular criminal laws, regulations for the protection of young people, competition law) or third-party rights (brand rights, personal rights, copyrights). In addition, the customer expressly guarantees to us that the persons depicted and the rights holders of the motifs depicted agree to the use, utilization and distribution of the files, photos, texts, images, advertising media, their duplication, digitization, editing and processing for the contractual purpose . If third parties assert an infringement of their rights to images, image files or an infringement of personal rights or other rights (including name rights, trademark rights, etc.), the customer of the files/motifs in question undertakes to notify us at the latest on the first written request from all of us to indemnify and hold harmless against claims asserted by third parties, ie to indemnify us from all claims and to compensate us for all damages resulting from the violation of rights, in particular to assume defense and legal costs.

 

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§ 14 Conduct and consideration

 

When participating in our programs and services, the customer must promote the content-related undisturbed progress and ensure appropriate behavior towards us and the other participants. However, if the customer impairs the operation of our programs and services through inappropriate behavior, we will ask the customer once to stop the impairments. If this happens again, we are then entitled to temporarily or permanently exclude the customer from our programs and services. Our right to compensation in these cases remains unaffected.

 

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Section 15 Liability

 

1. We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.

 

2. In other cases, we are only liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you as a customer can regularly rely, limited to replacement the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3. In any case, liability for slight negligence is excluded. This applies equally if Bluemount Coaching & Consulting uses third parties to fulfill the contract.

 

3. Our liability for damage resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

 

4. As part of his duty to cooperate, the customer is obliged to only provide us with image/video/sound material that is free of third-party rights. In this respect, the customer fully indemnifies us from any claims by third parties due to the infringement of intellectual property.

 

5. Articles published by us and other information offered, such as the newsletter, are for general education, information and further training, but not for advice in the case of an individual concern. All information and offers are made to the best of our knowledge, but are non-binding and without guarantee. Even if we endeavor to ensure that the content is correct, we do not assume any liability for correct, complete, up-to-date, unambiguous, in the right context, unadulterated and unbiased information and statements. The use of data, products and services made available by us is at your own risk. This relates in particular, but not exclusively, to the functionality and freedom from viruses of databases, programs, Internet services, newsletters, e-mails, documents and other data via the Internet. We expressly point out the general insecurity in the transmission of data on the Internet. The customers and users of the data, products and services provided or published by us are advised that it is their responsibility to carry out a data backup at regular intervals, at least daily.

 

6. The organizer is under no circumstances liable for lost profits, consequential damages, direct and indirect damages as well as pure financial losses of any kind.

 

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§ 16 Right of withdrawal

 

1. Consumers within the meaning of § 13 BGB, i.e. a natural person/persons who conclude a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity, have a fourteen-day right of withdrawal. Entrepreneurs are not granted a voluntary right of withdrawal.

 

2. The right of withdrawal does not exist if the organizer has provided the service in full and has only started to perform it after the participant has given his express consent and the participant has at the same time confirmed that he is aware that he has exercised his right of withdrawal upon complete fulfillment of the contract loses the organizer. The declaration of consent to be provided reads: "I agree and expressly request that the organizer begin to carry out the commissioned service before the end of the cancellation period. I am also aware that I will lose my right of withdrawal if the organizer completely fulfills the contract."

 

3. According to Section 312g Paragraph 2 Sentence 1 Number 9 of the German Civil Code, consumers do not have a right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of time for the provision of services.

 

4. For the rest, the regulations that are reproduced in detail in the following cancellation policy apply to the right of cancellation:

 

Right of withdrawal

 

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of withdrawal, you must send us (Bluemount Coaching & Consulting GmbH, Gymnasiumstraße 34, 70794 Filderstadt, Germany, email: kontakt@bluemount.de) a clear statement (e.g. a letter sent by post) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

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Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

 

The right of withdrawal does not apply to the following contracts:

• Contracts for the provision of services

• Contracts for the provision of services in the areas of non-residential accommodation, transportation of goods, car rental, delivery of food and beverages and the provision of other services related to leisure activities, if the contract stipulates a specific date or period for the provision.  

• The right of withdrawal does not apply to contracts where the consumer has expressly asked the entrepreneur to visit him to provide urgent services. 

• The right of withdrawal expires prematurely if we have provided the service in full and have only started to perform the service after you have given your express consent and at the same time have confirmed your knowledge that you will lose your right of withdrawal if we have completely fulfilled the contract._cc781905 -5cde-3194-bb3b-136bad5cf58d_

• The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

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• To Bluemount Coaching & Consulting GmbH, Gymnasiumstraße 34, 70794 Filderstadt Germany, email: kontakt@bluemount.de

• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following

• digital content (*)/the provision of the following service (*)

• Ordered on (*)/received on (*)

• Name of consumer(s)

• Address of consumer(s)

• Signature of consumer(s) (only if notification is on paper)

• date

 

(*) Delete where not applicable. Enter your name, address, telephone number and e-mail address here.

 

- End of revocation-

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§ 17 Data protection, consent to data processing and contact

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1. The protection of personal data is our top priority. We therefore inform you separately in our data protection declaration about the collection, storage and processing of personal data and about the rights of those affected in this regard. You confirm that you have read and agree to our privacy policy before using our services. 

 

2. You revocably consent to our company contacting you by means of long-distance communication (e.g. e-mail, SMS, telephone, messenger services). If you object to us contacting you, you must send us an e-mail to: kontakt@bluemount.de. In your objection e-mail, you must state all contact options that we are no longer allowed to use to contact you. Incompleteness in this regard is not at our expense. The actual receipt of your e-mail by us is decisive.

 

3. You revocably consent to the storage and processing of all personal data you have left with us. You revocably consent to the use of cookies within our services, to the evaluation, storage and consolidation of your user behavior and to the processing and transmission of your personal data and user profiles left with us for marketing and advertising purposes to third-party companies from non-EU/EEA countries. States) a. 

 

4. All information on the collection, processing and use of personal data of users can be found in the data protection declarations at www.

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§ 18 Loyalty, non-solicitation

 

During the term of this contract and for a further period of six months after the end of the consulting services, the client is prohibited from employing employees of Bluemount Coaching & Consulting who were involved in the fulfillment of the contract. In the event of a breach of this obligation, the customer must pay a contractual penalty of EUR 50,000.00.

 

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§ 19 Final Provisions

 

1. The law of the Federal Republic of Germany applies 

 

2. If the customer is an entrepreneur, German law applies exclusively, excluding the UN sales law.

 

3. If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, Stuttgart is the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the customer. However, we are entitled to assert our claims against the customer at the customer's general place of jurisdiction.

 

4. If the participant has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the organizer in Stuttgart.

 

5. The contract language is usually German. Exceptions are possible.

 

6. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties will then implement the conditions with an effective replacement provision that comes closest to the purpose of the omitted provision

 

 

Online platform for out-of-court dispute resolution and information according to § 36 VSBG

 

As an online company, we are obliged to refer you as a consumer to the European Commission's platform for online dispute resolution (OS platform). This OS platform can be reached via the following link: https://webgate.ec.europa.eu/odr. However, we do not take part in a dispute settlement procedure before a consumer arbitration board.

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