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Terms & Conditions

General Terms and Conditions

Table of Contents

1. Scope of application

2. Services offered by the provider

3. Conclusion of contract

4. Right to cancel

5. Prices and terms of payment

6. Failure to reach the minimum number of participants for online live courses

7. Modification or cancellation of online live courses

8. Content of services and teaching material

9. Granting of rights to use digital content and provision of digital content

10. Duration and termination of subscription contracts

11. Liability for defects

12. Liability

13. Applicable Law

14. Place of Jurisdiction

15. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter 'GTC’) from Juliette Savin acting under “Juliette Savin” (hereinafter '’Provider'’) apply to all contracts for participation in online live courses and the provision of digital content (hereinafter 'services’) that a consumer or trader (hereinafter '’Client'’) concludes with the Provider with regard to the services presented on the Provider's website. The inclusion of the Client's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.4 Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.5 Depending on the service description of the provider, the subject of the contract can be both the one-off purchase of services and the permanent purchase of services (hereinafter 'subscription contract’). In the case of a subscription contract, the provider undertakes to provide the client with the contractually owed service for the duration of the agreed contract term.

2) Services offered by the provider

2.1 The provider organises live online courses via his website. The content of the courses can be found in the respective course description on the provider's website.

2.2 The provider offers digital content via his website. The subject matter of this content can be found in the respective service description on the provider's website.

2.3 The provider organises live online courses and provides digital content via his website. The content of the live online courses and the subject matter of the digital content can be found in the respective service description on the provider's website.

2.4 To the extent that the provider conducts live online courses, he shall provide his services exclusively in electronic form via online video conference using appropriate technical means. The provider shall provide the client with suitable application software for this purpose before the start of a video conference. To ensure error-free participation in the online video conference, the client's system must fulfil certain minimum requirements, which are communicated to the client on the provider's website. The client is responsible for compliance with the system requirements. The provider is not liable for technical problems caused by inadequate system requirements on the part of the client.

2.5 To the extent that the provider conducts live online courses, he shall provide his services exclusively in electronic form via online video conference using appropriate technical means. The provider shall provide the client with suitable application software for this purpose before the start of a video conference. To ensure error-free participation in the online video conference, the client's system must fulfil certain minimum requirements, which are communicated to the client on the provider's website. The client is responsible for compliance with the system requirements. The provider is not liable for technical problems caused by inadequate system requirements on the part of the client.

2.6 The provider shall provide his services through qualified personnel selected by him. The provider may also utilise the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the provider's descriptions, the client has no claim to the selection of a specific person to provide the commissioned service.

2.7 The provider shall provide its services with the utmost care and to the best of its knowledge and belief. However, the provider does not owe a specific success. In particular, the provider does not guarantee that the client will achieve a specific learning success or that he will achieve a specific performance target. This depends not least on the personal commitment and will of the client, over which the provider has no influence.

2.8 The provider provides digital content in the form of reproducible video material exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the stream, the client's system must fulfil certain minimum requirements, which are communicated to the client on the provider's website. The client is responsible for compliance with the system requirements. The provider is not liable for technical problems that are due to inadequate system requirements on the part of the client.

If the provider delivers other digital content that does not contain reproducible video material, it shall be delivered by making it available for download.

2.9 The provider provides digital content in the form of reproducible video material exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the stream, the client's system must fulfil certain minimum requirements, which are communicated to the client on the provider's website. The client is responsible for compliance with the system requirements. The provider is not liable for technical problems that are due to inadequate system requirements on the part of the client.

If the provider delivers other digital content that does not contain reproducible video material, it shall be delivered by making it available for download.

3) Conclusion of contract

3.1 The services described on the Provider's website do not constitute binding offers on the part of the Provider but are intended for the submission of a binding offer by the Client.

3.2 The client can submit his offer via the online form provided on the provider's website. After entering his data in the form, the client submits a legally binding contractual offer regarding the selected service by clicking the button at the end of the registration process. The client can also submit the offer to the provider by telephone, fax, e-mail, or post.

3.3 The provider can accept the client's offer within five days,

- by sending the client a written confirmation of registration or a confirmation of registration in text form (fax or email), whereby the receipt of the confirmation of registration with the client is decisive in this respect, or

- by requesting payment from the client after submission of the client's contractual declaration

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at when one of the aforementioned alternatives occurs first. If the provider does not accept the client's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the client is no longer bound by his declaration of intent. In the case of a contract for participation in a live online course, this applies accordingly if the course selected by the client begins before the expiry of the acceptance period and the provider does not accept the client's offer at the latest 24 hours before the start of the course, unless otherwise agreed between the parties.

3.4 When submitting an offer via the provider's online form, the text of the contract is saved by the provider after the contract is concluded and sent to the client in text form (e.g. e-mail, fax, or letter) after the offer has been sent. The provider will not disclose the text of the contract in any other form. If the client has set up a user account on the provider's website before sending the offer, the data on the ordered service is archived on the provider's website and can be accessed free of charge by the client via his password-protected user account by entering the corresponding login data.

3.5 Before submitting a binding offer via the online form, the client can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

3.6 The English language is exclusively available for the conclusion of the contract.

3.7 Before submitting a binding offer via the online form, the client can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

4) Right to cancel

Further information on the right of cancellation can be found in the provider's cancellation policy.

5) Prices and terms of payment

5.1 The prices quoted by the provider are total prices. VAT is not shown as the provider is a small business within the meaning of the German Value Added Tax Act (UStG).

5.2 Various payment options are available to the client, which are indicated on the provider's website.

5.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the provider is not responsible, and which are to be borne by the client. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

5.4 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.

6) Failure to reach the minimum number of participants for online live courses

6.1 The provider may set a minimum number of participants for his online live courses. If a minimum number of participants is set, the provider shall expressly indicate this in the course description.

6.2 If the minimum number of participants is not reached, the provider may withdraw from the contract by giving notice to the client no later than seven days before the start of the course. If several services are subject of the contract, the cancellation by the provider in the aforementioned cases is limited to the service affected by the shortfall of the minimum number of participants ('partial cancellation’). The partial cancellation shall have no effect on the other agreed services. The provider shall notify the client of the cancellation immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course.

6.3 If the provider exercises his right of cancellation in accordance with the above clause, the client may demand participation in another online live course of at least equal value in case the provider is able to offer such a course from his programme at no extra charge to the client. The client must assert his request to the provider immediately upon receipt of the provider's declaration.

6.4 If the client does not exercise his right in accordance with the above section, the provider shall immediately refund the client any fee already paid for participation in the online live course concerned. The provider shall use the same means of payment that the client used for the original transaction, unless expressly agreed otherwise.

7) Modification or cancellation of online live courses

7.1 The provider reserves the right to change the time, instructor and/or content of the online live courses, if the change is reasonable for the client, considering the interests of the provider. Reasonable changes are only minor changes to services that have become necessary after conclusion of the contract and have not been caused by the provider in bad faith. The provider shall inform the client in good time in the event of a change in time, instructor and/or course content.

7.2 In the event of a significant change to the service, the client may withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if the provider is able to offer such a course from his programme at no extra charge to the client.

7.3 If several services are subject of the contract, the cancellation by the client in the aforementioned cases is limited to the service affected by the change ('partial cancellation’). The partial cancellation shall have no effect on the other agreed services. The client may only withdraw from the entire contract if he has no interest in the other agreed services.

7.4 The client must assert his rights in accordance with the above section immediately after informing the provider about the change in service.

7.5 The provider is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor, subject to full reimbursement of any participation fee already paid. The provider will endeavour to find an alternative date if the online live course is cancelled.

8) Content of services and teaching material

8.1 The provider is the owner of all rights of use required to provide the services. This also applies regarding teaching materials that may be provided to the client in connection with the provision of services.

8.2 Any teaching material accompanying the service (e.g. teaching materials) shall be provided to the client exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the client is not entitled to receive the teaching material in physical form.

8.3 The client may only use the content of the services, including any teaching materials provided, to the extent required by the purpose of the contract as agreed by both parties. In particular, the client is not authorised to record the content of the services or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the provider's separate permission.

9) Granting of rights to use digital content and provision of digital content

9.1 Unless otherwise stated in the content description in the trader's online shop, the trader grants the client the non-exclusive right to use the content provided for private and commercial purposes with no restrictions in terms of location or time.

9.2 The provision of digital content in the form of recorded video material shall take place exclusively via the provision of an online video stream using appropriate technical means. The transfer of other digital content that does not contain reproducible video material shall be made available for download.

9.3 The granting of rights shall only become effective once the client has paid the contractually owed remuneration in full. The provider may provisionally authorise the use of the contractual content even before this deadline. Such provisional authorisation does not constitute a transfer of rights.

10) Duration and termination of subscription contracts

10.1 Subscription contracts are concluded for an indefinite period and can be cancelled by the customer at any time without notice.

10.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, considering all circumstances of the individual case and weighing the interests of both parties.

10.3 Terminations can be made in writing, in text form (e.g., by e-mail), or in electronic form using the termination feature (termination button) provided by the provider on its website.

11) Liability for defects

The statutory liability for defects applies.

12) Liability

The Provider is liable to the Client for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

12.1 The Provider is liable without limitation for any legal reason

- in the event of intent or gross negligence,

- in the event of intentional or negligent injury to life, body or health,

- due to a guarantee promise, unless otherwise regulated in this regard,

- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).

12.2 If the Client is a consumer resident in Germany or a business, the following limitations of liability apply:

If the Provider negligently breaches an essential contractual obligation, his liability is limited to the foreseeable damage typical for this type of contract, unless he is liable without limitation in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Provider, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the Client may reasonably rely. In all other respects, the Provider’s liability is excluded, unless the Provider is liable without limitation in accordance with the preceding clause.

12.3 The above liability provisions also apply with regard to the liability of the Provider for his vicarious agents and legal representatives.

13) Applicable Law

13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.

13.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

14) Place of Jurisdiction

If the Client is a business, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

15) Alternative dispute resolution

The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

Instructions for Cancellation & Cancellation form

Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:

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A. Instruction for Cancellation

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Right to Cancel

You are entitled to cancel this contract without giving any reasons.

The cancellation period is 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us (Juliette Savin, Schivelbeiner Strasse 6, 10439 Berlin, Germany, Phone.: 017622588486, e-mail: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.

You can also exercise your right of withdrawal online via the website at the internet address https://thestrongme.com/cancel. If you use this online feature, you will be sent an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising,if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

Exclusion and/or premature expiration of the right to cancel

In the case of a service contract, the right to cancel becomes extinct if we have completely provided the service and we began with the performance of the service only after you had given your express consent thereto and concurrently acknowledged that you would lose the right to cancel the contract once we had fully performed it.

In case of contracts for the supply of digital goods, the right of cancellation shall expire prematurely if we have started the performance of the contract after you have expressly agreed that we start the performance of the contract before the expiry of the cancellation period, and you have confirmed to us your knowledge that you lose your right of cancellation by agreeing to start the performance of the contract, and if we have provided you with a confirmation of the contract on a durable medium containing the content of the contract including the aforementioned conditions relating to the premature expiry of the right of cancellation.

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B. Cancellation form

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If you wish to cancel this contract, please complete and submit this form.

Juliette Savin

Schivelbeiner Strasse 6

10439 Berlin

Germany

e-mail: [email protected]

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),

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Ordered on (*) ____________ / received on (*) __________________

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Name of consumer(s)

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Address of consumer(s)

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Signature of consumer(s) (only if this form is notified on paper)

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Date

(*) Delete as appropriate

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