YOUR ACCEPTANCE OF THE GENERAL TERMS & CONDITIONS FOR CRACK THE COCOON®

Please read these GTC carefully. By using our Services you agree to be bound by these GTC.

This privacy policy informs you about the scope, fees, terms, delivery, warranty, liability and copyright of the services of our consulting and coaching service business.

GENERAL REGULATIONS

1. Scope and validity
1.1 These general terms and conditions regulate conclusion, content and handling of contracts in the business areas coaching, consulting, training, e-learning, personality profiles, books, learning documents and special productions between the customer (in the following called "customer") and Sandra Bertalanffy of CRACK THE COCOON® (in the following called "CTC"), in particular for providing coaching and consulting services of CTC.
1.2 The GTC are an integral part of all offers and contracts between the customer and CTC. Additional agreements, changes or additions of the GTC attain only with written confirmation effectiveness.

2. Fee agreement
2.1 Fees apply according to the offer. Travel time will be charged at half the hourly rate.
2.2 Unless otherwise stated, all prices are exclusive of VAT. Should the extent of the services to be rendered exceed the offered extent, for example due to the complexity, the novelty, the value, or the necessity to keep certain periods, CTC will try to agree an adequate additional compensation with the customer.
2.3 CTC reserves the right to change or adjust its prices and services at any time.

3. Additional costs
3.1 Travel and subsistence expenses, communication and material costs, room costs and secretarial expenses shall be charged separately. Travel expenses train 1st class, car EUR -.90/km.

4. Terms of payment
4.1 The prices valid on the day of the order are used for invoicing. The prices of CTC understand themselves exclusive of all taxes like e.g. value added tax and taxes, exclusive forwarding expenses as well as without discount deduction and in Euros (EUR). The forwarding expenses are particularly proven with the order.
4.2 CTC charges its services in EUR. Companies outside Germany are not charged VAT, the Reverse Charge System applies. All services can be paid in EUR.
4.3 Invoicing shall be made for one third of the entire project upon contract agreement. Monthly billing for services rendered. Translations will be invoiced separately.
4.4 In general invoices of CTC for services/deliveries from contractual relations are to be paid within 10 days after invoicing. Non-compliance with the payment date triggers without explicit reminder default of payment and CTC has claim to 8% default interest as well as replacement of all reminder, collection, lawyer and court costs as well as the further damage.
4.5 Up to the complete payment of the purchase price products remain property of CTC and may neither be pledged, nor transferred as security.
4.6 CTC is entitled to demand advance payment or other security at its own discretion.
4.7 The customer is not permitted to offset claims.
4.8 If the terms of payment are not kept, CTC can stop the services immediately.

5. Change of address, necessary information
5.1 The customer leaves to CTC all data necessary for the services in accordance with the contract. The customer informs the CTC of possible address changes and other necessary information immediately.

6. Conclusion of the contract
6.1 The information about services of CTC stated in price lists, catalogues, advertising media, etc. do not represent offers. Conclusions of contracts come off only by written confirmation of order of the CTC.
6.2 The customer's order constitutes an offer. A contract comes off only after acceptance by the CTC. An order confirmation does not represent an acceptance of the offer, but serves only the information about the receipt of the offer provided by the customer. A congruent declaration of intention and the legal validity of the contract connected with it comes only with the confirmation of order to conditions.
6.3 An online order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing or CTC cannot comply with the order, the customer receives a notification. Before the final sending of the order the customer receives the possibility to correct his order. The customer receives supporting detailed information directly in the course of the order process. As soon as the ordering process is completed, the customer is informed about it by an information window "Your order is completed". This represents still no acceptance of the offer of the customer by CTC.
6.4 If with later order/contract changes additional costs are connected for CTC, these carry the customer according to the approaches of CTC valid at that time.

7. Delivery
7.1 If nothing else is agreed upon during the conclusion of the contract, CTC delivers the ordered goods within ten days. CTC is entitled to exceed the agreed dates and delivery periods by up to two weeks. Only after expiry of this period may the customer withdraw from the contract after setting a reasonable grace period.
7.2 CTC is not responsible for delays in delivery caused by incorrect, incomplete or subsequently changed data and information by the customer and cannot lead to the delay of CTC. This also applies to periods in connection with the handling of warranty or guarantee cases and other services. Any resulting additional costs shall be borne by the customer. CTC is entitled to carry out partial deliveries and/or to put partial invoices with orders, which comprise several articles.
7.3 Operational disturbances, in particular non-supply and/or delayed supply by contracting parties of CTC and events of force majeure as well as other delivery delays, which are not to be represented by CTC, entitle CTC under exclusion of challenge of error, non-fulfilment and compensation claims of the customer to the extension of the delivery periods by three weeks or, with beyond that permanent obstacles to performance, to the cancellation of the contract.
7.4 The dispatch of products by CTC takes place at the expense and risk of the customer. Damage must be reported to the carrier upon receipt of the goods. The danger with products, which are delivered by CTC and installed on site, goes over at the latest with delivery on the customer.
7.5 Complaints concerning execution and quantity of the delivery are to be asserted within 7 days after receipt of goods in writing at CTC, otherwise the delivery is considered approved.

8. Exclusion of the right of withdrawal
8.1 For goods which are manufactured according to customer specifications or are clearly tailored to personal needs, there is no right of withdrawal for goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, the right of withdrawal lapses if the goods have been unsealed after delivery.
8.2 For sound or video recordings such as CDs, DVDs etc. as well as for computer software delivered in a sealed package, the right of withdrawal shall lapse if the goods have been unsealed after delivery.
8.3 The right of withdrawal does not apply to goods which, due to their nature, have been inseparably mixed with other goods after delivery.

9. Services and support
9.1 CTC offers services of all kinds within the ranges Coaching, consultation, training courses, E-Learning and makes its services available in the context of the respective contract and the resources available operationally.

10. Communication with the Provider
10.1 The customer informs CTC by e-mail, by telephone or about the inquiry mask on the homepage of CTC which services he wishes.
10.2 The contract comes off if CTC confirms the customer his order by e-mail to the customer.

11. Obligations of the customer
11.1 The services of CTC are intended for private customers exclusively for the usual private customer use, with business customers exclusively for the usual business customer use. With injury of these regulations the customer has to hold CTC harmless and without complaint.
11.2 The customer is responsible for the right and contract-conform use of the services referred by CTC.
11.3 In particular, the following shall be deemed to be contrary to law or contract: Unfair mass advertising (spam); Harassing or disturbing third parties; Obstruction of third parties in the use of telecommunications services; Intrusion and attempted intrusion into third-party systems (hacking); Spying on other Internet users or their data; Fraudulent attacks (phishing); Damage to or endangerment of the infrastructure or the equipment of third parties by harmful software; Transmitting or making available illegal content.
11.4 If there are signs of an illegal or contrary to contract use, the customer is obliged to give CTC information about the use.
11.5 The customer is obliged to keep passwords, identification codes, login data etc. safe and not to make them accessible to anyone.
11.6 The customer is responsible for his own hardware and software components (including programs and PC configuration).
11.7 The customer protects his infrastructure and data against unauthorized access by third parties. It shall take measures - in accordance with the state of the art - to prevent its infrastructure from being used for the dissemination of illegal or otherwise harmful content (in particular unfair mass advertising (spam), fraudulent messages (phishing mails), fraudulent websites (e.g., fake login pages), harmful software (viruses, Trojan horses, worms, etc.).
11.8 CTC does not assume any responsibility for damages that arise because the customer has not complied with the aforementioned obligations or has acted contrary to law or contract. The customer has to hold CTC in this connection harmless and without complaint. In addition, CTC may claim damages in such cases.

12. Warranty (German)
12.1 The guarantee for the products delivered by CTC is based on the guarantee defined by the manufacturer. It is a maximum of 24 months from the date of delivery. CTC will repair or replace free of charge any parts that become defective or unusable within the warranty period as a result of bad material, faulty construction, or defective workmanship, provided that this is covered by the manufacturer's warranty.
12.2 For the assertion of guarantee claims the customer has to deliver the complained about product under enclosure of an invoice copy with CTC or to send on his costs to CTC. In the case of the sending in of a complained product the costs for the dispatch to CTC as well as the risk of a possible loss carry the customer.
12.3 The warranty covers the necessary parts without the working time. Each further requirement opposite CTC, in particular compensation or resignation from the contract, is impossible. The guarantee does not cover damages resulting from disregard of operating instructions as well as damages resulting from other reasons, the cause of which does not lie with CTC.
12.4 A program error covered by warranty only exists under the following conditions: The defect must be documentable and reproducible and; when used in accordance with the intended purpose on the designated computer system and under the conditions of use and operation defined in the instructions, the fault causes a deviation in functions and performances which cancel or considerably reduce the application for the intended use.
12.5 The customer is obliged to inform CTC immediately of any defects occurring during the guarantee period. CTC does not assume any liability for damages resulting from delayed notification of defects.
12.6 Apart from the warranty services described above, any further warranty obligation is completely waived by CTC.

13. Warranty
13.1 The statutory warranty provisions shall apply. The warranty period is 24 months. The statutory warranty obligations of CTC are not restricted by any guarantee granted.
13.2 The customer has to indicate CTC disturbances or lack as fast as possible.
13.3 No warranty claims may be made for products which: through improper use, non-observance of user instructions in the operating instructions supplied together with the product or through the operation of the contract goods together with such devices or programs whose compatibility CTC has not expressly agreed to in writing; by defects due to changes of the product, which were not made by CTC; by repair attempts of third parties, i.e. not by CTC or service partners named by CTC; due to improper transport or improper packaging when returning the product to CTC; due to improper handling or due to mechanical stress or influence (e.g., by dropping, impact, high pressure or similar); or If CTC provides free additional services, the customer has no fulfilment or warranty claims on it.
13.4 CTC is entitled to stop services provided free of charge, to change them or to offer them only against payment. In such a case CTC will inform the customer in time.

14. Liability
14.1 CTC is liable for the direct and direct damage from the contractual relationship caused by it or by a third party commissioned by it if it does not prove that neither it nor commissioned third parties are at fault, whereby any liability for slight negligence - except in the case of personal injury - is excluded.
14.2 The liability of CTC for indirect, indirect or consequential damages, loss of profit, loss of data, damages as a result of downloads is - as far as legally permissible - excluded in any case.
14.3 The customer is aware that even with careful software development and maintenance errors can creep in, so that CTC cannot be responsible for the complete achievement of all hoped for goals.
14.4 CTC is not liable for security deficiencies and operational failures of third-party companies, e.g., providers with whom it cooperates or on whom it is dependent.
14.5 Furthermore, CTC is not liable for force majeure, improper action and disregard of risks on the part of the user or third parties, excessive strain, unsuitable operating resources of the user or third parties, extreme environmental influences, interventions of the user or disturbances by third parties such as viruses, worms, etc., which happen despite the necessary current safety precautions.
14.6 CTC shall not be liable for any damages incurred by the customer because the password has been passed on and unauthorised persons have thereby gained access, for example to the website or to their e-mails. CTC assumes no liability for damages incurred by the customer, for example, through the content of its website or through the transmission of the relevant information on the Internet.

15. Access and confidentiality
15.1 The contracting parties shall treat as confidential all facts which are neither obvious nor generally accessible. In case of doubt, facts must be treated confidentially and there is a mutual obligation to consult. This obligation to maintain secrecy also exists before the conclusion of the contract and also after termination of the contractual relations

16. Copyrights and rights of use
16.1 CTC retains copyrights and exploitation rights at the software and documents developed by itself incl. books, handouts, etc. All copyrights to the agreed services (programs, documentations, etc.) are the exclusive property of CTC or its licensors. CTC grants the customer a non-exclusive (simple) right of use to the product after payment of the agreed remuneration, which refers only to the documents specified in the contract and to the acquired number of licenses.
16.2 The contract in question merely acquires a work use permit. Distribution by the customer in any form whatsoever is expressly prohibited. Any violation of CTC's copyrights shall result in claims for damages. The customer is permitted to make copies for archiving and data backup purposes on the condition that the software does not contain any express prohibition by the licensor or third parties and that all copyright and ownership notices are transferred unchanged into these copies.
16.3 If CTC uses the software of third parties, all rights remain with the third parties, unless there is a different agreement between the third parties, the service provider and/or the customer. The license terms of the respective software manufacturer and, if applicable, the additional terms of CTC apply. For Open Source programs, the respective license terms apply.
16.4 If the customer uses self-developed software or software from third parties, the copyright remains with the customer or the third party. The customer places CTC free from copyright claims of third parties from the software concerned.
16.5 All documents, including the translation, training documents and advertising material, may not be reproduced, copied, duplicated or distributed in any form, in whole or in part, without the written permission of CTC. In particular using electronic systems. The potential analyses with the Symbolon Method® and the works of art and images used therein may never be applied as individual areas, but only using the Symbolon Profile program offered by CTC. Each customer must complete the entire Symbolon Profile online or the entire Symbolon Profile Intensiv in writing in the original booklet. The use of pictures from a Symbolon profile or other documents published by CTC is prohibited without written permission.

17. Data protection
See Privacy Policy.

18. Assignment, transfer and pledging
18.1 Rights and obligations arising from the contractual relationship and the contract as a whole may not be assigned, transferred or pledged in whole or in part to third parties without the prior written consent of the contractual partner. This consent shall not be withheld without cause.

19. Severability clause
19.1 The possible total or partial invalidity and unenforceability of individual provisions of these GTC shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the provision to be replaced. This also applies to gaps in the contract.

20. Written form, place of jurisdiction, and applicable law
20.1 Amendments and/or supplements to the contract must be made in writing in order to be legally effective, unless otherwise stipulated in this contract. The same applies to the departure from this formal requirement. There are no verbal side agreements.
20.2 The contract is subject to German law to the exclusion of the conflict of laws rules. Place of jurisdiction is at the seat of CTC. Mandatory jurisdictions remain reserved.