Terms & Conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1 ) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Felix Willer ) via the pflegetrick.de website or via any other means of distance communication. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2 ) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Subject matter and conclusion of the contract
(1 ) We provide you with an online learning portal (Pflegetrick Academy) for use for a fee. You will receive access to the learning content of the platform and can use the platform functions offered. Further details on the scope of services can be found in the service description on our website pflegetrick.de or in the respective offer.
(2 ) By placing the respective service offer (subscription plan) on our website, we make you a binding offer to conclude a contract via the online registration form under the conditions specified in the service description.
(3 ) The contract is concluded via the online registration form as follows:
After selecting the subscription plan you require, you will be taken to the online registration form by clicking on the ‘Registration’ button. Enter your personal data and the terms of payment in the form. Finally, the registration data is displayed here as a registration overview.
Before submitting the registration, you have the option of checking the details in the registration overview again, changing them (also using the ‘back’ function of the Internet browser) or cancelling the registration.
By submitting the registration via the corresponding button (‘register with obligation to pay’, ‘book with obligation to pay’, ‘subscribe with obligation to pay’, ‘order with obligation to pay’, ‘buy’, ‘pay’ or similar terms), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4 ) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5 ) The processing of the registration and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Provision of services
(1 ) The service will be provided within 1-3 days after conclusion of the contract (in the case of agreed advance payment, however, only after the time of your payment instruction) by activating your customer account and the subscription you have booked. You will receive access to the digital content provided by us in your customer account. You will also be informed of the activation by e-mail.
(2 ) If there are special conditions for using our range of services, these will be indicated on our website pflegetrick.de or in the respective offer.
The special conditions apply in addition to these GTC / customer information.
If the special terms and conditions contain provisions that deviate from the content of these GTC / customer information, only the provisions of the special terms and conditions shall apply in this respect
§ 4 Licence of use
(1 ) The digital content provided by us is protected by copyright. You will receive a licence of use that is limited to the term of the contract.
(2 ) You will only be granted access to video content in the form of streaming and only for your personal, non-commercial use, and only within the scope specified and permitted by the normal technical functionality of the service. Streaming means the digital transmission of content via the Internet to a user-operated Internet-enabled device in such a way that the data is intended for real-time viewing, but not for (permanent or temporary) downloading, copying, saving or redistribution by the user.
(3 ) You are not authorised to rent out the contractual digital content or parts thereof or to sub-license, publicly reproduce or otherwise make it accessible or otherwise make it available to third parties, whether for a fee or free of charge.
§ 5 Contract term / cancellation
(1) Monthly subscription (‘Monthly Plan’)
The contract concluded between you and us for a monthly subscription has a term of one month, hereinafter referred to as the ‘basic term’.
If the contract is not cancelled by one of the parties 7 days before the end of the basic term, it is tacitly extended for an indefinite period.
The extended contractual relationship can be cancelled at any time with a notice period of one month (unless a shorter notice period is specified in the respective offer).
(2) Annual subscription (‘annual plan’)
The contract concluded between you and us for an annual subscription has a term of one year.
The contract ends automatically at the end of the term; cancellation is not required.
(3 ) The right to terminate without notice for good cause remains unaffected.
(4 ) Each cancellation must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated on our website (‘Cancel contracts here’ or similar designation).
§ 6 Special agreements on the payment methods offered
Payment via ‘PayPal’
If a payment method offered via ‘PayPal’ is selected, payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; ‘PayPal’). The individual payment methods via ‘PayPal’ are displayed in the online registration process. PayPal’ may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about ‘PayPal’ at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full’">https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 7 Right of retention
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 8 Choice of law
(1 ) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2 ) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the provider
Felix Willer
Otto-Lindenmeyer-Str. 14
86153 Augsburg
Augsburg, Germany
Phone: 017680480755
E-mail: info@hypnose-willer.de’">info@hypnose-willer.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr’">https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions ‘Subject matter and conclusion of the contract’ of our General Terms and Conditions (Part I.).
3 Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before submitting the registration via the online registration form, the contract data can be printed out using the browser's print function or saved electronically. After we have received the registration, the registration data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside of the online registration form, you will receive all contractual data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential features of the service
The main features of the service can be found in the respective offer.
5 Prices and payment modalities
5.1 The prices stated in the respective offers are total prices. They include all price components including all applicable taxes.
5.2 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you if the payment was initiated outside the European Union.
5.3 You have the following payment options, unless otherwise stated in the online registration form or in the respective offer:
- Payment by PayPal
- Prepayment by bank transfer
5.4 Unless otherwise stated in the online registration form, in the respective offer or in the invoice, the payment claims arising from the concluded contract are due for payment immediately.
6. statutory liability for defects
The statutory rights of liability for defects apply.
7 Contract term / cancellation
Information on the term of the contract and the cancellation conditions can be found in the ‘Contract term / Cancellation’ provision in our General Terms and Conditions (Part I) and in the respective offer.
These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service’">https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 18.07.2024
Right of cancellation for consumers
(A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity).
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise the right to cancel, you must inform us (Felix Willer, Otto-Lindenmeyer-Str. 14, 86153 Augsburg, phone number: 017680480755, e-mail address: info@hypnose-willer.de’">info@hypnose-willer.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services for which the contract provides for the payment of a price should commence during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
Grounds for cancellation
In the case of a contract for the provision of services that obliges the consumer to pay a price, the right of cancellation expires when the service has been provided in full if the consumer has expressly agreed before the start of the service that the trader will start providing the service before the end of the cancellation period and has confirmed that he is aware that his right of cancellation expires when the trader has fulfilled the contract in full.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us).
- To Felix Willer, Otto-Lindenmeyer-Str. 14, 86153 Augsburg, e-mail address: info@hypnose-willer.de’">info@hypnose-willer.de:
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.