General Conditions of Sale

You agree to comply with and be bound by these General Conditions of Sale by signing up for all Services and products as provided by

Anna Herbst Heinrich-Lanz-Straße 68165 Mannheim Germany

Overview

The terms “we”, “us”, “our”, and “Anna Herbst” refers to Anna Herbst Coaching. The terms “Customers”, “you”, and “your” refers to customers and any other users of our services. The term “Services” includes our training programs (hereinafter “Programs“) as well as any other products provided by Anna Herbst.

Use of the Services

In order to use the Services, you must be at least 18 years old and have the necessary authority to agree to these Terms and Conditions. Persons under the age of 18 are prohibited from using the Services. The language available for the execution of the Services and respective contracts is exclusively English. We reserve the right to modify any information provided, regardless of its source (hereinafter “Content”) without prior notice. We do not guarantee that the Content is accurate, complete, reliable, current, or error-free. Anna Herbst assumes no liability for any inaccuracies, errors, or omissions in the Content.

Anna Herbst is based in Germany. Content may not be appropriate or legal outside Germany. If you access the Site from outside Germany, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Order of Services

We endeavour to describe and display our Services accurately. While we aim for accuracy, the Site may contain inaccuracies or errors, which we reserve the right to correct. We may refuse or cancel orders with incorrect pricing.

All offers on the internet are non-binding and do not constitute a legally binding offer to conclude a contract.

We will email you to confirm the placement of your order and provide details concerning the delivery of the Services or products. In the event that there is an error in this email confirmation, it is your responsibility to notify us immediately.

The prices valid at the time of booking the Services or products apply. If certain discounts or special offers are advertised, these are limited in time or quantity and there is no entitlement to them.

By booking any of the Services or products, you are making a binding offer to conclude a contract with Anna Herbst. You also declare that you have read and accepted these General Conditions of Sale. The General Conditions of Sales can be viewed on our website.

Before completing your order online, you need to give your consent to the storage and processing of your data for booking purposes (see Account Creation) and your consent to these terms and conditions, the right of withdrawal and the privacy policy by clicking in the respective boxes. You will find all texts linked there. You must also agree to waive your right of withdrawal.

Refusal of Services

We reserve the right to refuse service to anyone, at any time, for any reason, without explanation. An order is not considered accepted by us until payment has been processed. We may alter or discontinue any aspect of the Services, fulfilling our previous commitments to you, based on your payment.

Account Creation

In order to use the Services, you may need to provide information about yourself, including your name, email address, and other contact details. You agree to provide only accurate, correct, and up-to-date registration information. Impersonation or using an email address other than your own is prohibited. Your account must not be used for illegal or unauthorised purposes, and you must comply with the laws of your jurisdiction and Germany when using the Services.

Lawful Purposes

You may use the Services for lawful purposes only. You are responsible for all purchases made by you or on your behalf through Anna Herbst. You agree to use the Site and to purchase Services and any other products for legitimate, non-infringing purposes only. You are prohibited from posting or transmitting any content through the Site that infringes on the rights of others or is unlawful.

Cancellations, Refunds & Returns

Purchases of Services or products may or may not be eligible for a refund. Access to purchased Services and products is valid for the period for which fees have been paid, without extension. Any bonuses offered are non-refundable and can be cancelled at any time.

All Services, Programs and other products have their own refund policy on their sales / signup pages. Please review these terms carefully before signing up.

In the event of cancellation on your part and if you pay for Services or other products under a payment plan, you remain responsible for completing all scheduled payments until the outstanding balance is settled. Your commitment to the payment plan is not waived upon cancellation.

In the event of delayed payment, we reserve the right to impose an interest charge on the overdue amount.

Right of Withdrawal

As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

The revocation period begins with the conclusion of the contract. The contract is concluded at the moment you receive confirmation of the booking of the product from us.

In the case of digital products, the right of withdrawal has the following special features:

(a) If a digital product or Service is purchased and you are provided directly or within the withdrawal period with the entire content, you waive your right of withdrawal to which you are entitled.

b) We refer to this directly before completing the order, with the following wording: “The General Conditions of Sale of Anna Herbst apply.”

In the case of individual one-to-one coaching, there are the following special features with regard to the right of withdrawal:

(a) If the individual one-to-one consultation is purchased, you waive your right of withdrawal to which you are entitled.

b) We refer to this directly before completing the order, with the following wording: “I hereby waive my right of withdrawal to the extent that the service is already provided directly.”

Force Majeure

In the event of a delay or failure due to causes beyond our reasonable control, including but not limited to acts of God (“Force Majeure“, e.g., explosions, floods, fires, or accidents, wars, terrorism, civil disturbances, import or export regulations, embargoes, or pandemics), we will notify you as soon as practicable stating what has been cancelled or delayed. If a Force Majeure event continues for more than 60 days, we may terminate the contract with immediate effect. We are not liable for damages arising from non-delivery due to causes beyond our reasonable control.

Materials You Submit to the Site

You shall not submit or otherwise make available on the Site any artwork, photos, or other materials (hereinafter “Materials”) protected by copyright, trademark, or other intellectual property rights without the express written permission of the owner of the rights. The burden of determining whether Materials are protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other intellectual property rights, or any other harm resulting from such a submission. For all Materials submitted to the Site, you automatically warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

In the event that Anna Herbst is held liable by a third party for infringement of any material submitted by you, you shall indemnify Anna Herbst in full. The indemnification includes the assumption of any legal fees incurred by Anna Herbst as well as any intervention in a dispute.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights to Materials you provide to Anna Herbst. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service.

Our Intellectual Property

The Services contain material and intellectual property owned by Anna Herbst, including copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any material and intellectual property, in whole or in part, without our prior written consent.

You are also not permitted to copy our training programs and services by offering the same or similar training and services to third parties.

We reserve the right to immediately remove you from the Services, without refund, if we suspect that you violate our intellectual property.

Confidentiality and Data Protection

Information shared in the context of the Services is not confidential and may be seen by other Customers. For confidential information, communicate directly with Anna Herbst and indicate its confidential nature.

We may use Materials for analytical purposes, as well as to develop and enhance the content of our Services, Programs and other products and to create effective marketing tools.

Please note that group coaching calls, webinars, and other audio or visual Services may be recorded and can be used in the future by Anna Herbst for business and promotional materials or in connection with the sale of any Services or products, unless you specifically request otherwise. If you would like to make such a request, please send an email to info@anna-herbst.de.

Anna Herbst will then maintain confidentiality about all confidential information from you for the duration of the Service and beyond.

Our Privacy Policy applies for the general processing of all data.

Warranty and Liability

Anna Herbst delivers her Services with professional diligence; however, it is important to understand that Anna Herbst does not guarantee success or specific outcomes. Anna Herbst is not liable for advice or financial or economic loss. You acknowledge that results may differ from person to person and are dependent on many factors (like a person’s background, level of dedication, and prevailing market environment).

By using the Services, recommendations for action may be provided. You alone are responsible for assessing the feasibility of implementing these recommendations.

Any documents or worksheets provided during the Service are general samples. You must adapt these samples and complete them for your own purposes. No liability is assumed for the completeness and up-to-dateness of these samples.

Anna Herbst assumes no responsibility for information provided by third parties (in particular by other Customers) during Programs or submitted to the Site. You acknowledge that such third-party information does not represent the opinion of Anna Herbst and Anna Herbst cannot guarantee the accuracy or reliability of such information.

Any liability in connection with the Services is completely excluded. The exclusion of liability applies to both direct and indirect damages. Liability for intent and gross negligence remains reserved. Anna Herbst is also not liable for consequential damages or loss of profit. Anna Herbst is also not liable for service failures due to Force Majeure and unauthorised actions by third parties (hacker attacks etc.).

In jurisdictions where our exclusion of liability is not legally enforceable, our liability shall be limited to the maximum extent permitted by law. Specifically, in such cases, our liability will be confined to the total fees paid by you for the Services purchased from us that are directly related to the claim.

General Information on Coaching and Consultation

Coaching is based on cooperation and mutual trust. Consultation / coaching is a free, active and self-responsible process in which a certain success cannot be promised and is not owed.

You are fully responsible for your own physical and mental health both during the session and in the period between appointments. All measures that you may take as a result of the consultation are your own responsibility.

You are responsible for your own state of health. If you have a mental illness or have been diagnosed by a doctor, ask your doctor whether coaching may be useful. Anna Herbst reserves the right to discontinue coaching in such cases.

Scope of Services and Services not utilized

The scope of Services depends on the respective description given before purchasing the Service.

If parts of a Service such as individual mentoring calls or coachings are cancelled by Anna Herbst, e.g. due to illness, the appointment will be rescheduled.

If the appointment is cancelled by you, it depends on the time of the cancellation whether Anna Herbst makes up for the consultation or whether it lapses:

(1) Cancellation of a 1:1 coaching appointment is possible free of charge up to 48 hours before the appointment.

(2) Cancellations from 48 days to 24 hours before the 1:1 appointment will be charged at 50% of the fee.

(3) Cancellations made 24 hours or more before the 1:1 appointment will be charged in full.

(4) If you cancel a coaching / consultation session within the scope of (2) and (3), the respective fee will be retained unless a medical certificate is available.

(5) Cancellation must be made in writing.

(6) Group coaching and mentoring calls included in a program are not concerned by this regulation. A schedule for the group sessions is provided beforehand in the scope of the Service or product. If you are unable to attend the group coaching or mentoring, there is no entitlement to compensation, even in the case of a medical certificate being available.

Cancellation of Services by Anna Herbst:

(1) Anna Herbst is entitled to cancel a Group Program / Service at short notice if not enough participants have registered. A refund will in this case be provided to the registered participants if and to the extent their payment has already been processed. Further costs incurred by you will not be covered.

(2) If you act in breach of contract by violating these General Conditions of Sale, Anna Herbst has the right to exclude you from the Service with no refund. This is particularly the case if you disrupt the Service and do not refrain from doing so even after being requested to do so.

Third-Party Resources

The Site and the Service may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources.

The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking.

A permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.

Links to third-party websites or resources do not imply any endorsement by or affiliation with Anna Herbst. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.

Survival of Provisions

The provisions of these Terms and Conditions remain applicable beyond the end of the contract. This includes, in particular, the provisions on intellectual property, including the provisions on the Materials, the provisions on liability, and the provisions on the applicable law and the place of jurisdiction.

Indemnity

You shall indemnify and hold us harmless from and against all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of these Terms and Conditions, or any use by your use of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.

Notices

All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and shall be made either via email or postal mail and sent to:

Email: info@anna-herbst.deAnna Herbst Heinrich-Lanz-Straße 68165 Mannheim Germany

Notices to you may be sent to the address or email supplied by you as part of your registration data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Electronic Communications and suitable IT Infrastructure

When you visit the Site or send emails to Anna Herbst, you are communicating with us through electronic means. You grant your consent to receive such communications. We will mainly communicate with you by email or by posting notices on the Site. We also may communicate with you through messenger services, Facebook groups, or any forms of social media. You agree that all agreements, notices, disclosures and other communications that we transmit to you through electronic means satisfy any legal requirements that would apply if such communications were in writing.

As a participant in our Services, you are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and other technical equipment and software (in particular web browsers, email, Zoom or similar providers, and PDF programs such as Acrobat Reader®, etc.) necessary for the use of the Services offered by Anna Herbst, at your own expense and risk.

Exclusivity of Terms and Conditions

These terms and conditions apply exclusively between the parties. The validity of any Terms and Conditions of the customer is expressly excluded.

Severability

If any term, provision, covenant, or condition of these Conditions of Sale is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Conditions of Sale shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The provision declared invalid, void or unenforceable shall be replaced by a valid provision that corresponds as closely as possible to the meaning of the original provision.

Amendments to Terms and Conditions

Anna Herbt may amend these Conditions of Sale at any time. Changes will be communicated appropriately. Unless you object within 14 days of notification, amendments are considered accepted. The latest version of these Terms and Conditions is available on our main website (www.anna-herbst.de).

Should you choose to object to amendments, your objection will be deemed as an extraordinary termination of the Services. Services provided up to the termination will not be eligible for a refund.

Applicable Law, Place of Jurisdiction and Consumer Protection Regulations

The law of the Federal Republic of Germany shall apply, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany, if a) you have your habitual residence in Germany or b) your habitual residence is in a country that is not a member of the European Union.

In the event that you are a consumer within the definition of §13 BGB and you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected. A consumer within the context of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. 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.

The exclusive place of jurisdiction shall be the registered place of business of Anna Herbst, which is Mannheim, Germany.

In the event that the choice of applicable law and / or place of jurisdiction is not enforceable or valid in a particular jurisdiction, then in such jurisdiction, the parties agree that any disputes shall remain subject to the maximum extent of German law permissible under such jurisdiction's laws. Furthermore, the parties agree that in such a case, jurisdiction shall be limited to the courts geographically closest to the registered place of business of Anna Herbst that are competent to hear such disputes.

We would like to point out that, in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. You can find details on this in Regulation (EU) No. 524/2013 and at the Internet address: https://ec.europa.eu/consumers/odr

The version of these General Conditions of Sale valid at the time of the order shall apply. The status of the General Conditions of Sale can be found at the end of the document.

Last updated: 01. September 2024

Anna Herbst 2024, all rights reserved