© SUN OF SPRING Academy is a registered and protected trademark of Madeleine Simone Dumhart.

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General Terms and Conditions 

1 Scope of application

1.1 These General Terms and Conditions apply to the sale and delivery of goods by Madeleine Simone Dumhart with the registered office and business address in 4203 Altenberg near Linz, Altenbergerstraße 189.

1.2 Deviating terms and conditions of the buyer shall only be valid if Mag. Madeleine Simone Dumhart agrees to them in writing and in writing.

1.3 By placing an order, the buyer agrees to these General Terms and Conditions and is bound by them.

 

2. clarification

2.1 All products offered and methods used are energetic on an energetic level and are no substitute for medical diagnosis and therapy and also no substitute for psychological or psychotherapeutic examination or treatment. In case of doubt, please contact a doctor or therapist.

2.2 I expressly declare to the buyer that I am not authorized to practice medicine. I do not cover any medical professional fields which, according to legal requirements, are reserved for the medical professions, the psychotherapeutic professions, physiotherapeutic services and activities reserved for regulated trades such as life and social counseling (also: nutritional counseling), massage, cosmetics (beauty care).

2.3 The buyer declares of his own free will to make use of the assistance and to provide all information in connection with the survey of the energetic state on his own initiative, on the one hand to inform us that medical treatments are being carried out in parallel or, for example, that he is pregnant or has other impairments that are important for the recording of the energetic state.

 

3 Minimum number of participants for online and live courses

3.1 The Provider has the right to set a minimum number of participants for its online and live courses. If such a requirement exists, the provider will state this explicitly in the course description.

3.2 If the minimum number of participants is not reached, the provider reserves the right to terminate the contract. Cancellation shall take place no later than seven days before the planned start of the course and shall only affect the service that is affected by the shortfall in the minimum number of participants (“partial withdrawal”). This partial withdrawal does not affect any other agreed services. The provider shall inform the customer of the withdrawal immediately, but no later than seven days before the start of the course.

3.3 If the Provider exercises its right of withdrawal, the Customer may request participation in another online live course of at least equal value, provided that the Provider can offer such a course at no additional cost. The customer should make this request immediately upon receipt of the provider's notification.

3.4 If the customer does not exercise his right, the provider shall immediately refund the fees already paid for the participation in question. The refund will be made using the means of payment used by the customer in the original transaction, unless expressly agreed otherwise.

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4 Changes or cancellation of online or live courses

4.1 The Provider may change the time, the instructor and/or the content of live online courses, provided that these adjustments are reasonable for the Customer in the interests of the Provider. The Provider shall inform the Customer in good time of any changes to the timetable, the instructor and/or the course content.

4.2 In the event of significant changes to services, the customer has the right to withdraw from the contract at no cost or to request participation in another live online course of at least equal value, provided that the provider can offer such a course at no additional cost.

4.3 In the event of a partial withdrawal, the customer's right of withdrawal is limited to the service affected by the change. The customer can only withdraw from the entire contract if he has no interest in the other agreed services.

4.4 The customer should assert his rights to the provider immediately after notification of the service change.

4.5 The Provider reserves the right to cancel online live courses at short notice for important reasons, such as force majeure or the absence of the course instructor due to illness. In the event of cancellation, the provider shall refund the participation fees already paid. The provider will endeavor to find an alternative date if possible.

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5 Service content and educational materials 

5.1 The Provider holds all necessary rights of use for the provision of the Services, including the educational materials provided.

5.2 The educational materials shall be made available to the Customer exclusively in electronic form, either by e-mail or for download. Unless otherwise stated, the customer is not entitled to physical teaching materials.

5.3 The customer may only use the content to the extent necessary for the agreed contractual purpose. The customer is prohibited from recording, reproducing or making the content publicly accessible without the express permission of the provider.

 

6 Granting of rights of use for digital content and transmission

6.1 Unless otherwise stated, the customer is granted a non-exclusive, unrestricted and perpetual right to use the content for personal and commercial purposes.

6.2 The delivery of digital content takes place either via online video streams or for download after purchase.

6.3 The granting of rights of use becomes effective when the customer has paid the remuneration in full.

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7 Prices

7.1 The prices are ex warehouse of Madeleine Simone Dumhart without deduction. All expenses incurred by shipping, including any import or export duties, shall be borne by the buyer.

The actual delivery costs incurred will be displayed in the shopping cart after correct selection and invoiced to the buyer. Madeleine Simone Dumhart may unilaterally change the stated amounts for future contracts at any time.

 

7.2 The prices stated in catalogs, brochures, price lists, etc. are always subject to change, unless expressly stated otherwise in individual cases. Prices are not binding for repeat orders.

7.3 The prices are based on the costs at the time of the initial price quotation. Should the costs change by the time of delivery, Madeleine Simone Dumhart shall be entitled to adjust the prices accordingly.

7.4 Point 2.3 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act.

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8 Payment and down payment

8.1 The purchase price is due at the latest upon delivery of the goods. This also applies to partial deliveries, where the purchase price is to be paid for the respective partial quantities delivered.

If delivery with delivery has been agreed, this and any transport insurance requested by the Buyer shall be invoiced separately. The payment for this shall be due upon delivery of the goods. If the invoiced price is not paid in full upon delivery, the deliverer of the goods shall be entitled to take them back at the buyer's expense. Justified complaints do not entitle the buyer to retain the entire invoice amount, but only a reasonable part of it. In the case of transactions with consumers, the consumer may refuse payment if Madeleine Simone Dumhart has not performed the delivery in accordance with the contract or if performance is jeopardized by the consumer's poor financial circumstances, which were neither known nor should have been known to the consumer at the time the contract was concluded. If Madeleine Simone Dumhart offers adequate security, this right to refuse payment shall lapse.

8.2 Madeleine Simone Dumhart shall retain title to all goods until full payment of the purchase price including ancillary charges.

8.3 When an order is placed, a down payment of 25% of the order value must be made. The down payment must be paid within 14 days.

8.4 Payments to the staff of Madeleine Simone Dumhart shall only be recognized if they are confirmed with a cash receipt.

8.5 If the buyer is in default of payment or other performance, Mag:

postpone the performance of its own obligations until the overdue payments or other services have been effected,claim a reasonable extension of the delivery period,declare the entire or outstanding purchase price due immediately (loss of deadline); this shall also apply if payment by installments has been agreed with the consumer, provided that Mag. Madeleine Simone Dumhart has already rendered its services, at least one overdue service of the consumer has been due for at least 6 weeks and Mag. Madeleine Simone Dumhart has unsuccessfully reminded the consumer under threat of losing the deadline and setting a grace period of at least 2 weeks, charge default interest of 6% above the base interest rate of the Austrian National Bank, at least 10% per year, plus VAT, and withdraw from the contract if a reasonable grace period is not complied with, as well as the dunning and collection costs incurred by the buyer, The buyer undertakes, in particular, to reimburse the maximum remuneration of the collection agency involved, which results from the BMWA regulation on the maximum rates for collection agencies. In addition, any further damage, in particular also the damage resulting from the fact that higher interest on any credit costs are incurred by Madeleine Simone Dumhart as a result of non-payment, shall be reimbursed irrespective of fault for the delay in payment.

8.6 Discounts or bonuses granted are subject to the condition precedent of receipt of full payment. If payment is made with vouchers, no credit note can be issued for any remaining amounts. The redemption period for vouchers/purchase vouchers etc. is based on the date stated on the vouchers/purchase vouchers etc.

8.7 Rebates and discounts do not apply to subscriptions, competitions of any kind or already reduced goods. Rebates, discounts and special offers are only applicable to the purchase of normal household quantities.

8.8 In the event of late payment of invoices up to an amount of EUR 365.00, the Buyer shall be sent a reminder to pay the outstanding purchase price and a processing fee of 10% of the purchase price, but at least EUR 7.30. If the Buyer pays this amount by the due date, the Buyer shall be entitled to a discount. If the buyer fails to pay this amount by the date specified in the reminder, Madeleine Simone Dumhart shall be entitled to immediately file a dunning action.

8.9 Point 4.4 and point 4.5, last bullet point, shall not apply to transactions with consumers within the meaning of the Consumer Protection Act.

 

9 Transfer of risk

9.1 Upon delivery of the goods by Madeleine Simone Dumhart, the goods shall be handed over at the point accessible to the tail lift or crane of a truck and the use and risk shall pass to the customer or his representative at the latest upon handover.

 

10 Taking back the goods

10.1 Madeleine Simone Dumhart is prepared until further notice to take back goods purchased from her against reimbursement of the full purchase price under the following conditions: Goods must be returned within 10 days of the invoice date in their original packaging, undamaged and accompanied by the original invoice. Marked special offers will only be taken back in the total quantity purchased. Returns will be made at the price valid at the time of the original purchase. The purchase price will be refunded in the form of a credit note. This expressly excludes digital products, online courses, ordered goods, exhibition items, lost and found items, remaining stock and partial quantities from packaging units, partial quantities from sets.

10.2 If the buyer is a consumer within the meaning of the Consumer Protection Act and has placed his order via the Internet online store, he can withdraw from the purchase contract in writing or by returning the goods within seven days of delivery in accordance with §§ 5e - 5h KSchG and in deviation from point 5.1. The withdrawal does not require any justification, but only needs to be sent within the deadline. The buyer will be refunded the purchase price already paid against return of the goods, but must bear the costs of the return shipment.

 

11 Orders, delivery period, obstacles to delivery, withdrawal from the contract

11.1 Madeleine Simone Dumhart accepts orders via the Internet online store. When placing an order, the customer must specify a desired delivery date and an alternative date. The customer is obliged to ensure the proper acceptance of the ordered goods on these dates.

11.2 Delivery shall be made by Madeleine Simone Dumhart or an authorized forwarding agent at normal business hours. In the event of non-acceptance of ordered goods, Mag. Madeleine Simone Dumhart shall be entitled to demand compensation for any additional expenses incurred as a result, such as frustrated transportation costs. This shall not apply if Mag. Madeleine Simone Dumhart does not perform its services in accordance with the contract.

11.3 Orders shall be accepted subject to availability. Madeleine Simone Dumhart reserves the right to allocate smaller quantities to customers if a product is oversubscribed. If a product is not available, other products may be used. If delivery or compliance with an agreed delivery period becomes impossible due to circumstances for which Madeleine Simone Dumhart is not responsible, the obligation to deliver shall lapse or the delivery period shall be extended by the duration of these obstacles. Circumstances for which Mag. Madeleine Simone Dumhart is not responsible include in particular Difficulties in obtaining the goods or primary materials from third parties, in the case of subscriptions the delayed release of the goods by the supplier of Mag. Madeleine Simone Dumhart, operational disruptions (also at suppliers of Mag. Madeleine Simone Dumhart), traffic disruptions, lockouts and strikes as well as all cases of force majeure. In the case of transactions with consumers, only objectively justified and minor changes that do not affect the price are permitted. This applies in particular to reasonable delivery delays and the like.

11.4 Madeleine Simone Dumhart shall be entitled to withdraw from the contract in whole or in part in the cases mentioned in point 7.3 without becoming liable for damages. A prerequisite for the customer's withdrawal from the contract, however, is a delay in delivery for which Madeleine Simone Dumhart is responsible despite having set a reasonable grace period of at least four weeks in writing.

11.5 In the case of divisible services, the customer shall not have the right to withdraw from the contract with regard to deliverable parts, provided that parts of the service can be fulfilled and used by the buyer. Under the same conditions, or if the remaining parts can be delivered in time, the customer is not entitled to refuse acceptance of partial deliveries.

11.6 If the customer unjustifiably declares that he does not wish to adhere to the contract (“cancellation”), and if Mag. Madeleine Simone Dumhart agrees to this in writing, Mag. Madeleine Simone Dumhart shall be entitled to 15% of the purchase price as a lump-sum minimum compensation (“cancellation fee”) for goods in stock. In the case of ordered goods, such a contract termination is generally excluded.

11.7 Amendments or cancelations of orders by the buyer must always be made in writing. Mag. Madeleine Simone Dumhart reserves the right to accept declarations in another form, which shall only become effective upon written confirmation by Mag. Madeleine Simone Dumhart.

11.8 For transactions with consumers within the meaning of the Consumer Protection Act, in deviation from points 7.3 and 7.4, the buyer may withdraw from the contract after exceeding the specified delivery dates by setting a reasonable grace period.

11.9 For online vouchers, the conditions stated on the Internet also apply.

 

12. note on the exclusion of the right of withdrawal for digital products

When purchasing digital products (e.g. online programs, software, e-books, etc.), it is expressly pointed out that a return or redemption by the provider is not possible.

By purchasing the digital product, the consumer expressly agrees that the execution of the contract may begin before the expiry of the statutory withdrawal period. The consumer confirms that he/she is aware that his/her right of withdrawal expires at the beginning of the execution of the contract in accordance with Section 356 (5) BGB.

By agreeing to the immediate execution of the contract, the consumer loses the right to withdraw from the contract and return the product.

 

13 Warranty

13.1 Promises, such as those regarding the usability or special properties of the goods, or statements made by Madeleine Simone Dumhart's employees are non-binding and do not constitute an express warranty of certain properties unless they are made in writing. This clause shall not apply to transactions with consumers.

13.2 Warranty claims require that defects are reported to Mag. Madeleine Simone Dumhart without delay, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the opened goods and original invoice. This clause does not apply to transactions with consumers.

13.3 A warranty claim shall in any case be limited to the invoice value of the delivered and defective goods.

13.4 Madeleine Simone Dumhart shall fulfill her warranty obligations at her discretion either by delivery of faultless goods, improvement, subsequent delivery of missing quantities or rescission of the contract (i.e. repayment of the purchase price) within a reasonable period of time. This clause does not apply to transactions with consumers.

13.5 Customary or minor deviations in quality, quantity, color, size, weight, equipment or design due to technical reasons do not constitute warranty defects or non-performance of the contract.

13.6 Madeleine Simone Dumhart shall not be liable for conformity of taste, color, material and pattern or other characteristics of conformity of goods ordered subsequently. The same shall apply to goods ordered by sample, provided that the deviation is within customary commercial and technical limits.

13.7 After tasting, consumption or commenced processing or treatment of the goods, any warranty is excluded. This clause does not apply to transactions with consumers.

13.8 The warranty period is 2 years from the time of transfer of risk in accordance with clause 6.

13.9 After the time of the transfer of risk to the customer (clause 5), glass breakage in particular shall not constitute a reason for the customer to assert warranty claims.

13.10 For transactions with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), the following shall apply instead of points 8.1 to 8.4: in the event of a defect, the customer may, at his discretion, demand improvement, replacement of the item, a reasonable price reduction or rescission.

 

14 Liability for damages

14.1 Madeleine Simone Dumhart shall only be liable for damages in the event of intent or gross negligence, with the exception of personal injury.

14.2 Liability shall be limited to 10% of the value of the goods within the framework of the statutory provisions. Compensation for consequential damage (including damage caused by a defect), other damage to property, financial loss and damages resulting from claims of third parties against the buyer is excluded.

14.3 Point 9.2 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act.

 

15 Liability for defects

The normal statutory liability for defects shall apply.

 

16 Liability

16.1 The provider shall be liable without limitation in the event of intent, gross negligence, injury to life, limb or health, warranty promises and mandatory liability under the Product Liability Act.

16.2 In the event of negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical of the contract.

16.3 In all other cases, the liability of the provider is excluded.

16.4 The liability regulations also apply to vicarious agents and legal representatives of the provider.

 

17 EDP processing and customer data

17.1 The Buyer agrees that the data about him/her stated in the purchase contract and disclosed during registration may be stored and processed in compliance with the provisions of the Data Protection Act. This data is used to fulfill legal requirements, to process payment transactions and for customer care.

 

18 Other provisions

18.1 If individual provisions of the contract or these General Terms and Conditions are invalid, this shall not invalidate the entire contract. The remaining content of the contract shall remain unchanged.

18.2 The place of performance of this contract shall be Linz for both Madeleine Simone Dumhart and the buyer.

18.3 The competent court in Vienna shall have exclusive jurisdiction to decide on all disputes arising in connection with the contract.

18.4 The contract shall be governed by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

18.5 Clause 11.3 shall not apply to transactions with consumers within the meaning of the Consumer Protection Act. Clause 11.4 shall apply with the restriction that, under the conditions of Art 5 of the European Convention on the International Sale of Goods, special consumer protection provisions of the law of the country in which the buyer has his habitual residence may take precedence over the chosen Austrian law.

 

19 Company data:

Madeleine Simone Dumhart, human energy therapist

Altenbergerstraße 189 . 4203 Altenberg near Linz

Phone: +43 732 776 348

E-mail: akademie @ sunofspring.at

Web: www.sunofspring.com

 

 

Information on human energetics

Energetic assistance deals exclusively with the activation and harmonization of the body's own energy fields (life energy). Clients receive energetic products that are produced with the aid of commercially permitted methods of energetics. As these products serve to restore and harmonize the body's own energy fields, they do not constitute a healing treatment. The effectiveness and success of energetic treatment has not been scientifically proven or, in the case of certain methods, refuted. Accordingly, energy products are not a substitute for medical, medical or psychological diagnosis and treatment. All statements and advice are not diagnoses but purely descriptions of energetic conditions. Clients are hereby informed that they must consult a doctor for diagnosis and treatment.

 

Information on coaching

No legal training is required to practise the coaching profession. However, if coaches wish to practice their profession independently, they must have a business license in a regulated trade in Austria, e.g. as a life and social counselor or management consultant, and the associated training.

 

Notes on all programs and prices

All offers are non-binding and subject to change. Our online courses differ from the live courses in terms of time.

They are much shorter, as there are no practice and feedback sessions in the group.

 

Declaration of consent

Energetic work is not a working method in the sense of empirical scientific knowledge. The success of energetic applications is therefore not predictable or measurable. Clients are hereby informed and acknowledge that they have been expressly informed that they are only receiving assistance with the aid of energetic working methods which do not constitute conventional medical treatment. Clients confirm that they have not been promised any kind of success, in particular no healing or alleviating success, and that they voluntarily purchase these products. Furthermore, clients expressly declare that they also approve of the fact that no alleviation or other improvement of their conditions and illnesses can be expected with this treatment. Accordingly, the energetic working method is in no way a substitute for medical diagnosis and treatment. Clients are hereby informed that they must consult a doctor, psychologist or psychotherapist for diagnosis and treatment. Clients have paid for the products of their own free will and expressly declare that they consider the amount to be appropriate. Accordingly, clients expressly waive the right to a full or partial refund of the costs they have paid and therefore waive the right to claim a reduction of more than half of the true value, as the application of the client's energetic working method represents a particular preference in the treatment.

 

Payment methods

- PayPal

- Direct bank transfer

- Prepayment

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