Holistia GmbH (hereinafter “Holistia GmbH”) offers content, products and coaching services on sandykaufmann.ch in individual and group formats.
These General Terms and Conditions (hereafter “TAC”) regulate the legal relationship between Holistia GmbH, the readers and users of the website or social networks as well as the coaching clients.
These terms and conditions are available in different language versions. In the event of contradictions, only the French language version shall apply.
The masculine terms used in the TACs include the feminine form in equal measure.
2 IMPORTANT NOTICE OF USE
The information available on the website is in no way a substitute for advice from a competent specialist. The information and suggestions provided are not binding and are in no way to be understood as medical or psychological advice.
3 SCOPE AND ORIGIN OF THE CONTRACT
By visiting the website or using the free or paid services of Holistia GmbH these terms and conditions are fully accepted by the user and become an integral part of the legal relationship between the user and Holistia GmbH. A contract between Holistia GmbH and the user is thereby created.
Holistia GmbH offers its services only to persons with full legal capacity under Swiss law and who are resident in Switzerland. Persons under 18 years of age cannot use the services of Holistia GmbH.
In each case, the most current terms and conditions at the time of use of the website apply. These are available on the website of Holistia GmbH.
The user can dissolve the contract by deleting his account or terminating the business relationship, subject to any notice periods for services requiring payment. For its part, Holistia GmbH reserves the right to terminate the contract at any time without giving reasons by blocking or deleting the user’s account or discontinuing the business relationship, if this appears appropriate, especially in the case of illegal or improper behavior. Holistia GmbH is also entitled at any time to discontinue or change a service or the entire offer without compensation.
4 CREATE AN ACCOUNT
Users can create an account as a private person on the website of sandykaufmann.ch or on the online course platform. The user undertakes to provide the data required for registration truthfully and to keep it up to date.
The use of the personal data of the user is in accordance with the data protection regulations.
The registration is free for private persons.
Users can read content on the website or in social networks, subscribe to the newsletter, receive free services or content, purchase products or paid services.
If a user publishes a review, he tacitly authorizes Holistia GmbH to use the provided content, photos and videos on the website or for advertising purposes.
5 SERVICES WITH COSTS
The scope of each service (content, session modality, duration) is described on the sales page of each service.
Holistia GmbH strives to describe the service as accurately as possible.
Should an error occur on the sales page, Holistia GmbH reserves the right to refuse or cancel any order.
6 PRICES AND TERMS OF PAYMENT
The price for each service is indicated on the sales page of the respective service.
Payments can be made by bank transfer or credit card and can be staggered according to a written agreement between the customer and Holistia GmbH.
A first payment is due as soon as the material is sent to the customer (by post or electronically) and before the start of the service.
Any appointment that is not canceled 2 working days in advance will be charged. The day of the past must be canceled 5 working days in advance otherwise it will be charged.
If the client decides to discontinue the individual coaching during the course of the service, he / she must pay the balance of the fee in proportion to the number of sessions already completed. There is no pro-rata refund for group coaching.
If a due invoice is not paid on time, Holistia GmbH reserves the right to charge a reminder fee of CHF 20 (plus the outstanding invoice amount).
7 CONFIDENTIALITY AND DATA PROTECTION
If the user has accepted the usage and/or data protection declarations of a third party when registering on the sandykaufmann.ch website, only these declarations shall apply. The use and processing of the data shall be in accordance with the provisions of the third party.
8 INTELLECTUAL PROPERTY
The content of the website is fully protected by copyright or other applicable intellectual property rights. Any use of the contents without explicit approval of Holistia GmbH or outside the intended contractual relationship between the user and Holistia GmbH is prohibited.
It is expressly forbidden to use, copy or otherwise disseminate the content for any purpose other than that stipulated in the contract.
Holistia GmbH acts to the best of its knowledge and belief and applies the necessary and appropriate care. However, Holistia GmbH does not guarantee the proper functioning of the website or the correctness, timeliness, accuracy, reliability and completeness of the published information.
As far as legally permissible, any liability of Holistia GmbH is excluded, even in cases of gross negligence. Similarly, liability for any indirect damage, consequential damage or loss of profit, as well as liability for damage caused by auxiliary persons, is rejected in accordance with the law.
The data provided by the user and stored via the website can be deleted by Holistia GmbH. The user is responsible for the storage of his data on his private hardware. Holistia GmbH is not liable for any loss of data.
The user himself is responsible for keeping his registration data secret and preventing unauthorized access by third parties. Holistia cannot be held liable for damages resulting from the unauthorized use of the online profile by third parties.
No liability can be accepted for the content and correct functioning of external websites.
10 SUPPLEMENTARY PROVISIONS
Holistia GmbH can change these TAC at any time. The changed TAC are valid from their publication on the website of sandykaufmann.ch. Registered users will be notified of the change by e-mail or other appropriate form.
Should any provision of these TAC be or become invalid or void, the validity of the remaining provisions shall not be affected. In the event that a provision is or becomes invalid or void, it shall be replaced within a reasonable period of time by a new provision that comes as close as possible to the purpose of the invalid provision.
11 APPLICABLE LAW AND JURISDICTION
These general terms and conditions are subject to Swiss substantive law. If this law refers to foreign legal systems, such references are invalid.
The exclusive place of jurisdiction for all disputes arising out of or in connection with these General Terms and Conditions of Business and the underlying legal relationships is Zurich.
All disputes, controversies or claims arising from the contractual relationship with holistia GmbH (including validity, invalidity, possible breaches of contract or of these terms and conditions or their termination) shall be submitted to mediation in accordance with the Swiss Mediation Rules of the Swiss Chambers’ Arbitration Institution in force at the time the request for mediation is submitted, in accordance with the said Rules. Unless otherwise agreed, each party shall bear half of the costs of the preliminary mediation proceedings. The seat of the mediation shall be Zurich and the mediation shall be conducted in German.
Version: March 2022