General Terms and Conditions § 1 Scope, Definitions
(1) Susanne Hill, Eikermannsberg 4, 32657 Lemgo, Germany (hereinafter: “we” or “forheartnsoul.de”) operates an online shop for goods and digital products on the website https://forheartnsoul.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless something else has been expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. “Entrepreneur” is a natural or legal person or a legal partnership that acts in the course of its commercial or self-employed professional activity when entering into a legal transaction, with a legal partnership being a partnership that is equipped with the ability to acquire rights and liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions regarding the conclusion of contracts apply to orders via our online shop at https://forheartnsoul.de.
(2) Our product displays on the Internet are non-binding and not a binding offer to conclude a contract.
(3) The following regulations apply when an order is received in our online shop: The customer submits a binding contractual offer by successfully completing the order process provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods, digital products,
- Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag”, etc.)
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Order overview”, etc.),
- Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Completing the order by clicking on the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us at the email address provided within three working days.
(4) In the event of the conclusion of the contract, the contract is concluded with Susanne Hill, Eikermannsberg 4, 32657 Lemgo, Germany.
(5) Before placing the order, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, will be carried out by e-mail after you have triggered the order, partly automated. We do not store the contract text after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by prematurely canceling the ordering process, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have deposited with us is correct, and that the receipt of e-mails is technically guaranteed and in particular not prevented by spam filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract in our online shop is:
The sale of goods. You can find the specific goods offered on our product pages. The sale of digital goods, such as software or media downloads. You can find the specific digital goods offered on our product pages.
(2) The essential characteristics of the goods and digital goods can be found in the product description.
(3) For the sale of digital products, the restrictions apparent from the product description or arising from the circumstances, particularly with regard to hardware and/or software requirements for the target environment, shall apply. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resale or sub-licensing.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for immediate payment.
(3) In addition to the prices stated, shipping costs may apply for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, if applicable in the shopping cart system and on the order overview.
(4) Unless otherwise stated clearly in the product description, all products offered are immediately ready for dispatch (delivery time: delivery time after receipt of payment).
(5) Delivery is available worldwide.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been fully paid.
§ 6 Right of revocation
As a consumer, you have a right of revocation. This is governed by our revocation policy.
§ 7 Liability
(1) Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, limb, health or from the violation of essential contractual obligations, as well as liability for other damages based on intentional or grossly negligent breach of duty by forheartnsoul.de, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, forheartnsoul.de is only liable for the typical, foreseeable damage if this was caused simply by negligence, unless it concerns claims for damages by the customer arising from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of forheartnsoul.de’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
(5) forheartnsoul.de does not warrant that the forheartnsoul.de platform meets the customer’s expectations and in particular does not guarantee that success will be achieved through the use of forheartnsoul.de. The use of forheartnsoul.de is expressly at the customer’s own risk. forheartnsoul.de assumes no liability for the risks arising from the use of the online training offer. The contents of the training videos do not replace medical examination or treatment. It is not medical advice. There is personal responsibility, i.e. all information is used at one’s own risk.
Disclaimer: All exercises in the videos of forheartnsoul.de as well as in the Yoga Online Livestream course have been compiled to the best of our knowledge with the aim of relaxing the body, mind and soul, and thus preventing stress-related health problems. However, no guarantee can be given. Participation in the yoga program of the online course as well as the online livestream course is at your own risk. Liability is excluded.
(6) forheartnsoul.de is not liable for the fact that the software it uses is free of errors or that forheartnsoul.de is always available. For test purposes, interruptions, changes to the coding, etc. can be caused by forheartnsoul.de.
(7) forheartnsoul.de assumes no liability for the availability of third-party services, the spying of passwords by third parties, misuse by third parties through misrepresentation of identity, or through the use of spied passwords.
§ 8 Contract Language
The contract language available exclusively is German.
§ 9 Warranty
(1) The warranty is based on legal provisions.
(2) In relation to entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the goods/digital goods or services provided for completeness, obvious defects, and transport damage immediately upon receipt and to inform us and the carrier of any complaints as soon as possible. Failure to comply with this will not affect your statutory warranty rights.
§ 10 Final Provisions
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider’s registered office.