TOS

General Terms and Conditions of business - Status: Feb 2023

1. Scope of the TOS
2. Conclusion of contract and content
3. Cancellation policy
4. Prices
5. Method of Payment
6. Delivery and retention of title
7. Disclaimer & Personal Responsibility
8. Treatment and Therapy Exclusions
9. Cancellation Policy
10 postponements
11. Warranty, Complaints and Guarantee
12. Copyright Provisions
13. Data Protection and Privacy
14. Governing Law
15. Modification of Terms of Sale and Final Provisions

 

1. Scope of the TOS

All goods and services offered by Matthias Kircher within the framework of «BALANCE-yourLife.com» are subject to these terms and conditions. The contents of all publications by Matthias Kircher "BALANCE-yourLife.com" are for information only and are to be treated independently by each user.

2. Conclusion of contract and content

Goods

By submitting the order form, you place a binding order for the goods contained in the shopping cart. We will then send you an e-mail confirming receipt of your order by Matthias Kircher "BALANCE-yourLife.com" and listing the details (order confirmation). The purchase contract is not concluded with our order confirmation, but only with the download of the article. By submitting the order form, the customer declares that they have taken note of their right of withdrawal.

Services

A contractual relationship comes about after a (tele)verbal or written booking by the customer AND the confirmation, i.e. the sending of an order by email or post or an appointment confirmation by SMS. The offers are aimed exclusively at people who can take full responsibility for their actions. With the establishment of a contractual relationship, the customer automatically agrees to all the provisions of these General Terms and Conditions and declares his/her assumption of responsibility for his/her actions or those of his/her underage ward who uses the service. Parents are responsible for their children. In addition, the service recipient or his legal representative Matthias Kircher releases "BALANCE-yourLife.com" from any liability claims outside of criminal law upon the conclusion of a contractual relationship. Visits to the corresponding rooms rented/operated by Matthias Kircher «BALANCE-yourLife.com» are at your own risk and responsibility.

 

3. Cancellation policy

Agreement on the bearing of costs: If you make use of your right of withdrawal, you have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if you pay a higher price have not yet provided the consideration or a contractually agreed partial payment for the item at the time of the revocation. Otherwise, the return is free for you.

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in any form (e.g. by letter, fax, e-mail) or - if the item is left to you before the deadline - also by returning the item.

The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Para 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 cancellation or the item is sufficient to meet the cancellation deadline.


The cancellation by returning the goods should be sent to:

Matthias Kircher
Runzstraße 19
79102 Freiburg
Support @ active-pulse . de

 

Consequences of revocation:

In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. This can mean that you still have to fulfill the contractual payment obligations for the period up to the revocation. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail shop.

Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

Exclusion of revocation

 

The right of cancellation does not apply to long-distance contracts

1. for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs (e.g. hypnosis sessions individually tailored to you) or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed,
2. Digital goods in the download such as Wave or mp3 audio files are excluded from the right of withdrawal in the Distance Selling Act (BGB § 312d Para. 4 No. 1), as they are not suitable for return due to their nature.
3. for the delivery of audio or video recordings or software, provided that the data carriers delivered have been unsealed by the consumer or
4. for the delivery of newspapers, periodicals and magazines.

Special hint:

In the case of a service, your right of cancellation expires prematurely if your contractual partner has started to perform the service (e.g. providing a download, preparing an individual hypnosis session, coaching session) with your express consent before the end of the cancellation period or you have arranged for this yourself.

 

END OF REVOCATION
 

4. Prices

For orders on «BALANCE-yourLife.com», the prices shown on the day of the order apply.

 

5. Method of Payment

Payment is always immediately via PayPal or within 7 working days in advance by bank transfer to the below mentioned. Account stating the customer's name and the booked service or the order number that is noted on the order confirmation sent.

Bank details:
Matthias Kircher
Comdirect
Kto.Nr.: 4926705
BLZ: 200 411 33

IBAN: DE38 2004 1133 0492 6705 00
BIC/Swift-Code: COBADEHD001

 

6. Delivery and retention of title

Delivery is deemed to have taken place when the buyer has downloaded the electronic data (audio or video file). The download link can only be used once and is not transferable.

Depending on the method of payment, the download link is sent either immediately by an automatically sent email or after receipt of the payment by sending a download link by email. The delivery time for payment in advance depends on the receipt of the money. The information on the delivery time is therefore non-binding.

Each delivered product remains the property of Matthias Kircher «BALANCE-yourLife.com» until full payment has been made.

 

7. Disclaimer and Personal Responsibility

The offers from Matthias Kircher "BALANCE-yourLife.com" are aimed - currently in German and English - exclusively at people who bear full responsibility for their actions, regardless of their state of health, age, gender, education or other categories. Using an offer from Matthias Kircher "BALANCE-yourLife.com" in no way relieves the customer of any responsibility he/she bears, either before, during or after a service or receipt of a product.

The use of hypnosis - mp3 files is always at your own risk. Matthias Kircher "BALANCE-yourLife.com" is not liable for damage resulting from incorrect use, negligence or intent. All products have been developed to the best of our knowledge and belief, but Matthias Kircher «BALANCE-yourLife.com» cannot guarantee their effectiveness.

The hypnosis can induce a trance-like state. Do not listen to my products when doing something that requires your attention. Violating this code of conduct is grossly negligent and can lead to major personal injury and property damage.

IMPORTANT: Hypnosis is not dangerous in and of itself and has no side effects. However, there are some contraindications that speak against the use of hypnosis. These are:

• Epilepsy and other seizure disorders
• Psychoses, schizophrenia and other mental or psychiatric relevant diseases
• Cardiovascular diseases, low blood pressure
• after a heart attack or stroke
• thrombosis and pregnancy
• under the influence of drugs or alcohol

 

8. Treatment and Therapy Exclusions

All offers from "BALANCE-yourLife.com" are made exclusively within the framework and with the background of self-awareness, from adult education - i.e. outside of medicine and/or psychological/psychiatric services. For medical, therapeutic or psychological measures or services, diagnosis or treatment plans as well as the remedy of physical or mental ailments for which you need professional help, please contact a doctor, alternative practitioner or therapist you trust. The information, training and sessions offered as part of "BALANCE-yourLife.com" do NOT replace medical consultations or treatments.

 

9. Cancellation Policy

The cancellation period for a booked service in the city of Freiburg is generally 3 days for a full refund, but at least 3 days before the date agreed for this service. If you withdraw after this period, the entire amount is due without refund. The cancellation period for a booked service outside the city of Freiburg is generally 7 days for a full refund, but at least 7 days before the date agreed for this service. If you withdraw after the relevant deadline, the entire amount is due without reimbursement. The full prices current at the time of booking will be charged for cancellation or non-performance of scheduled services.

 

10. Postponements

Appointments can be postponed by the customer once up to 3 days before the appointment without any deductions. In the event of non-compliance with the deadline or repeated postponement, the full price of the service will be due. Goodwill arrangements are generally recommended and are at the discretion of Matthias Kircher «BALANCE-yourLife.com». Postponements by Matthias Kircher «BALANCE-yourLife.com» are possible at any time. As a rule, this takes place no later than 3 days before a booked appointment. If no alternative date can be found, the price for the service not provided will be reimbursed. Further reimbursements by Matthias Kircher "BALANCE-yourLife.com" (e.g. travel expenses, accommodation, etc.) are excluded.

 

11. Warranty, Complaints and Guarantee

Since my recordings are hypnosis sessions recorded individually for the customer, small background noises cannot be ruled out. These have no influence on the quality and effect of the respective recording.

Claims for damages, in particular from culpa in contrahendo, from positive breach of contract and from tort are excluded, unless the damage was caused intentionally or through gross negligence. The limitation of liability does not apply to damage resulting from injury to life, limb or health.

Claim

In the event of defective goods or a wrong delivery, Matthias Kircher «Active-Pulse.de» will exchange your product.

Please email your complaint to:

Matthias Kircher
support @ BALANCE-yourLife . com

 

Guarantee

All services offered by Matthias Kircher "BALANCE-yourLife.com" are subject to change and non-binding. A guarantee for expected results of a service is not possible.

 

12. Copyright Provisions

The website, all content and products are subject to copyright. Contents may not - not even in part - be passed on or used elsewhere without the consent of Matthias Kircher «Active-Pulse.de». Apart from the legal consequences, I also appeal to your fairness and ask you not to simply adopt my content or even pass it off as yours.

Please be so fair and do not simply pass on my hypnosis recordings, but refer those who are interested to my website: http://www.BALANCE-yourLife.com

The products are intended exclusively for private use. Demonstrations, use in other media, making copies for third parties and/or commercial use of the products purchased on «BALANCE-yourLife.com» is prohibited.

You too want to be paid for your work!

Thank you for your understanding!

 

13. Data Protection and Privacy

My clients' data is stored in my database. Data entered in the course of an order and to create a user account (name, address, e-mail address, etc.) will not be passed on to third parties. Unless this is absolutely necessary for payment transactions and other processing of the order. Each of my clients has the opportunity to receive information about the stored data free of charge at any time.

 

14. Governing Law

German law applies. Place of jurisdiction is Freiburg im Breisgau.

 

15. Modification of Terms of Sale and Final Provisions

Matthias Kircher «BALANCE-yourLife.com» reserves the right to make changes to the «BALANCE-yourLife.com» website, conditions including these Terms of Sale at any time. The terms of sale, contract terms and general terms and conditions in force at the time of your order apply to your order, unless a change to these terms is required by law or official order.

Should one or more provisions of these terms and conditions be wholly or partially invalid, the content and validity of all other parts shall remain unaffected. Upon recognition of their ineffectiveness, the corresponding provision(s) will be replaced retrospectively by the provision(s) with the same content as possible, which comes as close as possible to the economic purpose of the original provision.