Persons who suffer from diabetes, are pregnant or have cardiovascular disorders are not recommended to participate in the online programme without prior consultation with their doctor. The online programme is also not suitable for the treatment of morbid obesity.
1.1 The following contractual provisions (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the website of the company Daniela Hatscher Personal Training, owner: Daniela Kracht – Hauptstr. 16 – 40764 Langenfeld, Germany, under the domain www.nusimplybody.com. These General Terms and Conditions shall also apply to all permanent or regularly recurring services provided by Daniela Kracht.
1.2 Daniela Kracht does not recognise deviating general terms and conditions of the CLIENT, unless Daniela Kracht has expressly agreed to them in writing.
1.3 The following General Terms and Conditions are only addressed to CUSTOMERS who are consumers pursuant to § 13 of the German Civil Code (BGB), i.e. who conclude legal transactions only for a purpose that cannot be attributed to either a commercial or a self-employed professional activity.
2 subject matter of the contract
2.1 The CLIENT has the opportunity to take advantage of various training packages (services), such as online coaching, on the website www.nusimplybody.com. The subject matter of the contract is in each case the training provided within the period of validity of the training package. The subject matter of the contract is in each case the service contained within the booked training package and the provision of the respective plans and training instructions contained therein.
2.2 Online Coaching includes – depending on the scope booked – the creation and provision of an individually developed training and nutrition plan, which is precisely adapted to the individual needs of the CLIENT. As the online coaching takes place via Skype, the CLIENT can receive advice independently of his or her local location. A Skype session lasts half an hour or a whole hour. The training and nutrition plan is provided as a PDF document.
2.3 The description of the training package/service on Daniela Kracht’s website is decisive for the service owed.
2.4 When booking the coaching package “App support”, the support/contact for questions etc. will only take place via the Virtuagym App, but not via Whats App or similar.
3 Conclusion of the contract
3.1 Within the framework of online coaching, the CLIENT can select the corresponding service from the drop-down menu and then initiate the registration process by clicking on the button “Buy now”. Within the registration process, the CLIENT must enter the required contact data and the desired method of payment and complete the registration by clicking the button “Order with costs”. This concludes an effective contract.
3.2 The CUSTOMER can correct input errors, in particular with regard to the data and services requested, using the buttons provided. In the registration process, the CLIENT can correct input errors in the various steps by navigating to the respective step using the “forward” and “back” buttons of the browser.
3.3 The presentation of the services in Daniela Kracht’s online portal constitutes a non-binding invitation to the CUSTOMER to register. By applying for registration, the CLIENT makes a binding offer to conclude a contract for the services selected by him. Daniela Kracht will confirm receipt of the registration immediately by automated e-mail. The automated order confirmation of Daniela Kracht’s online portal system does not yet constitute a contractual relationship; this is for information and control purposes only. Daniela Kracht shall accept the CUSTOMER’s offer after checking it by means of a separate declaration of acceptance by e-mail within a period of 14 working days after registration. The contractual relationship shall only come into existence with this separate declaration of acceptance. Registration and contact take place by e-mail and in an automated manner. The CLIENT must therefore ensure that the e-mail address provided by it during registration is correct so that the e-mails sent by Daniela Kracht can be received at this address. In particular, when using spam filters, the CUSTOMER shall ensure that all e-mails sent by Daniela Kracht or by third parties commissioned by Daniela Kracht with the performance of the contract can be delivered. The CLIENT shall be obliged to provide truthful information during registration. The acceptance of an online registration is at the discretion of Daniela Kracht. If a registration is not accepted by Daniela Kracht, Daniela Kracht shall inform the CLIENT thereof without delay.
3.4 Daniela Kracht is permitted – within the scope of what is legally permissible and taking into account the interests of both parties which are worthy of protection – to carry out a credit check. Daniela Kracht reserves the right to exclude certain methods of payment – depending on the credit check – for initial and subsequent orders.
3.5 The contract is concluded with the company Daniela Hatscher Personal Training Managing Director: Daniela Kracht – Hauptstr. 16, 40764 Langenfeld.
3.7 The contract language is German.
4 storage of the text of the contract
The text of the contract shall be stored by Daniela Kracht. The order data shall be sent to the CLIENT separately in text form (e-mail). These GTC can also be retrieved and printed out in the online portal at www.nusimplybody.com.
5 Obligations of the CUSTOMER in the case of continuing obligations
Insofar as the CUSTOMER enters into a continuing obligation with Daniela Kracht, the CUSTOMER shall be obliged to inform Daniela Kracht immediately in text form of any changes to its delivery address (name, address), its e-mail address, its telephone number or its bank details and to provide corrected details.
6 right of revocation
CUSTOMERS who are consumers are entitled to a right of revocation in accordance with the provisions of distance selling law, according to which the contractual declaration can be revoked in accordance with the following instructions:
Right of withdrawal:
You may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins after receipt of these instructions in text form, but not before the conclusion of the contract and also not before the fulfilment of our information obligations according to Article 246 § 2 in connection with §1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.
The revocation is to be sent to:
Consequences of revocation:
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of revocation, for us with its receipt.
Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
– End of the cancellation policy –
The right of revocation does not apply to goods / services that are not suitable for return due to their nature or to goods / services that are manufactured according to customer specifications or are clearly tailored to personal needs. Consequently, there is no right of withdrawal if the goods / services are downloaded at the instigation of the customer. Accordingly, the right of withdrawal does not apply to distance contracts for the delivery of digital goods (e.g. streaming videos, nutrition and training plans), as these cannot be returned. Revocation is therefore only possible as long as the contract has not been completely fulfilled by both parties. The contract is considered fulfilled as soon as you have made the payment and product downloads have been carried out or you have received e-mails with digital products (PDF files, video links, e-mail attachments). From this point on, revocation is no longer possible. A refund of the purchase price is then no longer possible as a result of exercising the right of withdrawal.
7.1 The prices valid on the day of registration as shown on Daniela Kracht’s online portal shall apply.
7.2 All prices are stated in euros and are VAT-free due to the small business regulation according to § 19 UStG.
8 terms of payment
8.1 Daniela Kracht only accepts the payment methods offered during the ordering process on the online portal. The CUSTOMER shall select his preferred method of payment from the available payment methods himself.
8.2 When placing an order, the CLIENT may choose between the following payment options:
8.2.1 Insofar as the service is provided against advance payment (bank transfer), the CUSTOMER cannot select the monthly instalment variant.
8.2.2 If the service is provided against payment by direct debit, the CLIENT must reimburse Daniela Kracht for the costs of a return debit note in the amount of € 11 per return debit note. The CUSTOMER reserves the right to prove that no or only minor damage has been caused by the return debit note.
8.2.3 If payment is made via PayPal, the CLIENT must have a PayPal account. The CUSTOMER must independently send a payment in the amount of the invoice to Daniela Kracht, email@example.com, via his PayPal account.
9 further performance conditions
9.1 Unless otherwise agreed with the CLIENT, regularly recurring services shall commence from the time Daniela Kracht has received payment (credit to Daniela Kracht’s business account), at the latest, however, within three working days after receipt of payment, unless a shorter or longer performance period is expressly referred to in connection with the service.
9.2 Daniela Kracht shall inform the CLIENT immediately of any delays in performance.
9.3 Should the service not be available or only not be available within a reasonable period of time, e.g. in the event of illness for which Daniela Kracht is not responsible, Daniela Kracht shall inform the CLIENT thereof without delay. If the CUSTOMER has already rendered a service and Daniela Kracht is in default with the service, Daniela Kracht shall immediately reimburse the CUSTOMER for any payments made.
9.4 The CUSTOMER has no right to personal contact with Daniela Kracht.
10.1 The CLIENT’s claims for damages or reimbursement of futile expenses against Daniela Kracht shall be governed by these provisions irrespective of the legal nature of the claim.
10.2 Daniela Kracht’s liability is excluded – irrespective of the legal grounds – unless the cause of damage is based on intent and/or gross negligence on the part of Daniela Kracht, its employees, its representatives or its vicarious agents. Insofar as the liability of Daniela Kracht is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents of Daniela Kracht.
10.3 Daniela Kracht shall be liable in accordance with the statutory provisions for damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by Daniela Kracht or a legal representative or vicarious agent of Daniela Kracht.
10.4 Insofar as Daniela Kracht at least negligently breaches an essential contractual obligation, i.e. an obligation, compliance with which is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), liability shall be limited to the typically occurring damage, i.e. to such damage which must typically be expected to occur within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is an obligation the fulfilment of which makes the proper performance of this contract possible in the first place and on the observance of which the CLIENT regularly relies and may rely.
10.5 The CLIENT is responsible for insuring himself/herself against accidents and injuries that may occur during the training.
11 Data storage and data protection
11.1 The CLIENT is aware of and consents to the fact that the personal data required for the processing of the order will be stored by Daniela Kracht on data carriers. The CLIENT expressly agrees to the collection, processing and use of his/her personal data for the purpose of processing the contract. The stored personal data shall of course be treated confidentially by Daniela Kracht. The collection, processing and use of the CUSTOMER’s personal data shall be carried out in compliance with the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). 11.2.
11.2 The CLIENT shall have the right to revoke his consent at any time with effect for the future. In this case, Daniela Kracht shall be obliged to immediately delete or block the CLIENT’s personal data in accordance with the applicable data protection regulations. In the case of cancelled registration processes, the deletion shall take place after the cancellation of the registration process.
12 Duration of the contract
12.1 The contract duration of the individual training packages is stated in the respective description of the training package on the website of Daniela Kracht. The contract ends with the end of the contract period. An automatic extension of the contractual relationship does not take place. At the end of the contractual relationship, the CLIENT’s access to the booked training package shall be blocked. The CUSTOMER’s right to use the services offered by Daniela Kracht shall lapse at the end of the contract. 12.2.
12.2 The right to terminate without notice for good cause shall remain unaffected. Such a reason shall be deemed to exist in particular if the CLIENT fails to make the due payments of the charges or of a not insignificant part of the fees for services already rendered despite a reminder; if the CLIENT has violated any other material provision of the contract or these GTC even after a written warning; if insolvency proceedings are opened against the CLIENT’s assets or the opening of such proceedings is rejected due to lack of assets; if concerns have arisen regarding the CLIENT’s ability to pay and within a reasonable period of time upon request neither an advance payment has been made nor an appropriate security has been provided; if the CLIENT has provided false information during registration; if registration requirements cease to apply or if the execution of an order is considerably delayed or becomes impossible for reasons for which the CLIENT is responsible. In this case, Daniela Kracht shall be entitled to demand the usage fees attributable to the remaining term of the contract less any expenses saved as compensation for damages and to block access until all claims have been settled. The assertion of further damages shall remain unaffected.
13 Final provisions
13.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.2 In the case of consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.