General Terms and Conditions
We strive to use gender-neutral language in our legal texts. However, due to legal requirements, there are certain formulations where a gender-neutral alignment is not legally possible for us.
1.2 Scope of application
These General Terms and Conditions apply in the version valid at the time of contract conclusion for all business relationships between us (Somaquatics, Lao Mari Mälzer, Jägerndorfer Zeile 47, 12205 Berlin) and you. Should you use conflicting General Terms and Conditions, these are hereby expressly rejected.
1.3 Contractual Agreement
Contractual languages are German and English.
1.4 Registration (free user contract)
the provision of services by us will be requested. The entries are confirmed by clicking on the button "Register". You will then receive a confirmation e-mail with the information required for a login. Only when you log in to our website for the first time with this information, the registration is completed.
The password that allows you to access the personal area is strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.
1.5 Conclusion of contract for purchases and bookings
1.5.1 Conclusion of contract for purchases via our online shop
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step you select the desired goods. In the second step, you enter your data including billing address and, if applicable, a different delivery address, unless you have already entered them in your customer account. In the third step you select the desired payment method. In the fourth step you have the possibility to check all information (e.g. name, address, payment method, ordered items) once again and correct any input errors before you confirm your order by clicking on the button "Buy now". With the order you declare your binding contract offer. We will confirm the receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contract offer in the order within two days after receipt of the order by e-mail, fax, telephone, mail or by notifying you of the dispatch of the goods. Only with the acceptance the contract is concluded.
The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after you have sent your order together with these General Terms and Conditions and customer information. However, the contract text can no longer be retrieved by you via the website after you have sent your order. You can use the print function of the browser to print out the relevant website with the contract text.
1.5.2 Individual conclusion of contract
The conclusion of the contract can also take place individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry (e.g. by e-mail, via our online form or by phone) and receive a binding offer from us, which you can then accept within two weeks. With the acceptance the contract is concluded. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement reached.
1.6 Subsequent amendment of the terms and conditions
We are entitled to make subsequent adjustments and additions to the General Terms and Conditions of Business in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalent relationship being disturbed to a more than insignificant extent. A subsequent change of the terms and conditions becomes effective if you do not object within six weeks after notification of the change. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and give you the opportunity to make an express declaration during the period. If you object in due time, we as well as you may terminate the contractual relationship extraordinarily, as far as we do not allow the contractual relationship to continue under the old General Terms and Conditions.
2. Description of services
We offer individual sessions, face-to-face courses, workshops, retreats and online courses to help you experience and discover your own body in relationship with water.
2.2 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
If a date or a period of time has been agreed upon for a service, we will provide the service at this date.
We shall render other services within 5 days, unless expressly agreed otherwise. The period for performance shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after the contract is concluded in the case of payment on delivery or on account. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of performance, the period shall end on the next working day.
2.4 Delays in performance
We shall not be responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite covering transactions to that effect, technical defects for which we are not responsible, illness of the person carrying out the treatment). They entitle us to postpone the service for the duration of the impeding event, whereby we will always endeavor to offer you prompt replacement dates.
2.5 Minimum number of participants
If there is a minimum number of participants for an event, we can cancel or postpone the event up to 14 days before the start of the event if the previously determined number of participants has not been reached. In this case we will inform you immediately. You can then choose whether you would like to participate in the alternate date or receive back any payments already made. If there is a minimum number of participants for an event, we will note this in our offer.
All prices include value added tax.
As far as the booked session is a healing treatment, which is carried out by me or a qualified employee, it is VAT-free due to § 4 No. 14 UStG.
3.2 Default of payment
You will be in default of payment if the payment is not received by us within two weeks after receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. The assertion of a claim for damages in excess of this remains unaffected. You have the possibility to prove that we have incurred no or less damage.
3.3 Right of retention
You may only assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
A cancellation of the services booked by you is possible in text form (e.g. e-mail, post). A possibly existing right of withdrawal is not affected by these cancellation regulations.
The cancellation costs are based on the following provisions, whereby the cancellation is free of charge if it is made before the start of the respective deadlines. The timeliness of the cancellation depends on the date of receipt by us. In case of a later cancellation, the cancellation costs are based on the following staggered flat rates, which differentiate according to the type of event:
- Courses, workshops, seminars and retreats lasting several days
Cancellation 40 to 30 calendar days before the start of the event: 25% of the agreed invoice amount
Cancellation 29 to 22 calendar days before the start of the event: 50% of the agreed invoice amount
Cancellation 21 to 14 calendar days before the start of the event: 75% of the agreed invoice amount
Cancellation 13 calendar days or more before the start of the event: 100 % of the agreed invoice amount
- One or half-day events
Cancellation 14 to 8 calendar days before the start of the event: 50 % of the agreed invoice amount
Cancellation 7 to 4 calendar days before the start of the event: 75 % of the agreed invoice amount
Cancellation 3 calendar days or more before the start of the event: 100 % of the agreed invoice amount
- Single sessions
Cancellation 48 to 24 hours before the start of the event: 50 % of the agreed invoice amount
Cancellation 24 hours or more before the start of the event: 100 % of the agreed invoice amount
You have the right to prove that we have incurred no or lower costs.
3.5 Vouchers/Gift Certificates
Vouchers/Gift Certificates and any remaining credit can be redeemed up to the end of the third year after the year in which the voucher was purchased.
The voucher balance is not paid out in cash and does not bear interest.
The voucher is also transferable. We can make payments to the respective holder with discharging effect. However, this does not apply if we have knowledge or grossly negligent lack of knowledge of the ineligibility, legal incapacity or lack of power of representation of the respective holder.
4. Revocation instruction for consumers in case of distance selling contracts
Right of withdrawl
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of conclusion of the contract. The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us ( Somaquatics, Jägerndofer Zeile 47, 12205 Berlin, phone: (+49) 0176 301 629 34, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
- End of the cancellation policy -
Special information on the premature expiry of the right of withdrawal
Your right of withdrawal shall expire prematurely if we have provided the service in full and have only started to provide the service after you have given your express consent to this and you have simultaneously confirmed your knowledge that you will lose your right of withdrawal upon full performance of the contract by us.
In the case of a contract for the delivery of digital content not on a physical data carrier (e.g. downloads), your right of cancellation shall expire prematurely if the entrepreneur has begun to perform the contract after you have expressly consented to the entrepreneur beginning to perform the contract before the end of the cancellation period and you have confirmed your knowledge of the fact that you lose your right of cancellation through your consent with the beginning of the performance of the contract.
Non-existence of the right of withdrawal for scheduled bookings of leisure activities
If the contract is for the provision of services in connection with leisure activities and a specific date or period for the provision is provided, the right of withdrawal does not exist (§ 312g paragraph 2 No. 9 BGB).
5. Your responsibility
You are solely responsible for the content and accuracy of the data and information you provide.
5.2 Data backup
You are jointly responsible for backing up the information you send. We cannot be held responsible for the loss of information sent by you, as we do not provide a general data backup guarantee.
5.3 Health condition
You are obligated to inform us of any existing physical infirmities and health disorders or limitations that could prevent the booked service, even if you consider them minor. The services performed by us are not to be seen as a substitute for medical treatment or consultation by trained and recognized professionals/therapists. It is your own responsibility to ensure that there are no medical restrictions to our services.
Participation under alcohol, drugs or (impairing) medication is not permitted and can lead to exclusion. In this case, fees already paid cannot be refunded.
5.4 Duty to cooperate
You are obligated to provide the cooperation services necessary for the contract so that we can perform the contractual service.
5.5 IT infrastructure
If you have booked an online course, you are responsible for setting up and maintaining the necessary IT infrastructure. In particular, you are responsible for providing a functioning Internet access.
5.6 Special note
A success resulting from the execution of the contract in the sense of an actual improvement of the state of health is not owed. Furthermore, we are not liable for the improper application and/or implementation of the recommendations contained in our services or in the documents provided. You have to inform yourself in advance whether our suggestions for action are suitable for you or whether there are further risks associated with them. We merely provide you with our products or services. You alone are responsible for handling and implementing them.
5.7 Abusive contributions within the framework of our online services
Abusive contributions will be deactivated or deleted by us without prior notice. Such content design is given, for example, in the following cases:
- False and/or incorrect information,
- Contributions are misused as advertising space
- Searchers are made aware of an offer by unspecific or even false information (this includes, among other things, incomplete offers, false information),
- Sending spam,
- Sending and storing offensive, obscene, threatening, insulting or in any other way infringing the rights of third parties,
- Sending and storing viruses, worms, Trojan horses and harmful computer codes, files, scripts, agents or programs,
- uploading programs that are likely to interfere with, impair or prevent the operation of the service,
- attempting to gain unauthorized access to our service or to individual modules, systems or applications, or granting such access to third parties,
- content that glorifies violence, is pornographic or otherwise offensive or punishable by law.
In case of recurring violations, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected.
5.8 Profile data
You are obligated to always keep the content and profile information you have posted up to date and to inform us immediately of any misuse of your profile.
6. Term, blocking and termination of a free user contract
6.1 Termination of a free user contract
The user contract is concluded for an indefinite period of time. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice to us in text form. In particular, we reserve the right to delete user accounts that are not fully logged in and have been inactive for a period of at least six months. With the termination of the free user contract, the profiles and contents assigned to the account will also be deleted.
6.2 Termination without notice
The right to terminate the contract without notice for good cause remains unaffected. An important reason exists in particular if
- You have provided incorrect or incomplete information when concluding the contract,
- you repeatedly violate other contractual obligations and do not cease the violation even after being requested to do so by us.
7. Use of content
By placing content in the database, you grant us the right to use this content for an unlimited period of time for the purpose of placing and making it available in the database and for retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular linking on social networks, use for commercials, use for your own website or also in printed form, etc.) by us or by third parties. In this case, the author explicitly waives his right to be named. Furthermore, we receive the right to rework the content, especially if it does not meet the above requirements of these conditions.
8. License conditions courses
The contents as well as the structure of the courses organized by us and the related documents including all authorized copies are intellectual property of us.
8.2 Granting of license
Upon payment of the participation fee, we shall transfer to you all rights of use to documents required for you to the extent agreed in the contract and required for the respective course. In case of doubt, we fulfill this obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Germany for the duration of the service. With the end of the contract the granting of the license expires in principle. However, the right to use the copies provided to you for your own use shall continue to exist beyond the end of the contract.
8.3 Licensing conditions
Any use beyond this requires our consent. In particular, the materials may not be passed on to third parties (sublicensing or distribution), nor may they be copied, reproduced or stored on data carriers or other media. Likewise, it is forbidden to use the contents, texts and exercises for one's own purposes in seminars, courses or otherwise towards third parties without express written permission.
8.4 Right of reference
We grant ourselves the right to reference the services offered by us. Unless otherwise agreed, we reserve the right to take pictures during the courses and to list them as a reference in brochures, leaflets and on our website. You have the right to object to this.
We reserve the right to claim damages for any violation of the contractual license conditions, especially in case of copyright infringement.
9. Usability of the online services
9.1 Further development of the service / availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely within reasonable limits for the purpose of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at any time and do not warrant that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
9.2 Technical requirements
The use of the website requires appropriate compatible devices. It is your responsibility to put or keep the device in a condition that allows the use of the website services.
9.3 Duration of access
Unless otherwise agreed, you are granted a lifetime right to use the online course and access the content. Lifetime in this context means that the duration of use is not limited in time and thus depends only on the duration for which the online course offer is provided by us. We reserve the right to discontinue or change the online courses in the future, this does not give rise to any further claims for continued provision or for damages.
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
10.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
10.3 Data backup
We carry out effective data backups as part of the service provision, but do not provide a general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will take reasonable care in providing the agreed service and will provide the backup with the necessary expertise. However, we do not warrant that the stored content or data that you access will not be accidentally damaged or corrupted, lost or partially removed.
10.4 Liability for content
You are solely responsible for the content of your posts or profile. The content may not violate any applicable laws or these General Terms and Conditions. You also undertake not to transmit any data whose content violates the rights of third parties (e.g. personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions or profiles with criminal content may not be published or untrue facts asserted. As the operator of the website, we are not liable for incorrect information provided by users in their posts or profiles. A review of the content posted on our site (especially with regard to the violation of third party rights) does not take place. However, should we become aware of incorrect, inaccurate, misleading or unlawful information, we will check this immediately and remove it if necessary. We also do not guarantee the accuracy, timeliness, completeness, quality or legality of content that does not originate from us. We merely make our platform available to you.
11. Final provisions
11.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that the contracting parties are merchants, legal entities under public law or special funds under public law.
11.2 Choice of law
Insofar as there are no mandatory statutory provisions according to your home country law to the contrary, German law shall be deemed agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.