GENERAL TERMS AND CONDITIONS
1. Scope and definitions
1. Tao Heart Dimension (hereinafter referred to as "THD") offers consultations, products and other services in the field of wellness and health.
2. The General Terms and Conditions (hereinafter referred to as "GTC") of THD apply to all contracts that the customer (hereinafter referred to as "Customer" or "Seminar Participant") concludes with THD. The contracts concern consultations, services, the purchase of media, wellness and other products, the use of resources as well as the participation of travel offers, seminars or lectures). The inclusion of the customer's own contractual terms and conditions (in particular through general terms and conditions) is not permitted, unless otherwise previously agreed in writing between THD and the customer.
2. Conclusion of contract concerning goods of THD via the online store
1. The presentation of the products on the THD website does not constitute an offer to conclude a contract with the customer. It is non-binding.
2. The customer submits an offer by e-mail or via the online order form integrated in the THD online store. In case of an order via the online order form, the customer, after entering his personal data and by clicking the button "Buy now" or "Buy download" in the final step of the ordering process, submits a legally binding contract offer with respect to the selected goods. Before the binding submission of the order, all entries can be corrected continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
3. THD will immediately confirm the receipt of the Customer's offer by e-mail. THD may accept the customer's offer by sending an order confirmation by e-mail, letter or fax or by delivering the goods or sending the download code within five days. THD is entitled to reject the acceptance of the order within the five-day period.
4. The order data will be stored by THD. These can no longer be retrieved by the customer via the THD website after sending his order.
5. The order processing and contacting take place via e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by THD can be received under this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by THD or by third parties commissioned by THD with the order processing can be delivered.
3. Prices and terms of payment for goods in the online store
1. The stated prices include the statutory Swiss value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer. If delivery and shipping costs are incurred, they can be viewed via a button in the ordering process. For the delivery of e-books and audiobooks by download or by e-mail no shipping costs are incurred.
2. In the case of deliveries abroad, additional costs may be incurred in individual cases, such as further taxes and/or duties, for example in the form of customs duties. The postage costs for shipments abroad are explicitly shown in the ordering process.
3. Payment is due immediately upon conclusion of the contract.
4. THD only accepts payments from accounts within Switzerland and the European Union (EU). Any costs of a money transaction are to be borne by the customer.
4.Delivery and shipping conditions online store
1. Purchase of electronic media for download:
The delivery of e-books and audio books (incl. meditations) is made by download from the THD website and only in exceptional cases by e-mail to the e-mail address provided by the customer after prior written agreement with THD. In the processing of the transaction, only the e-mail address specified in the order processing of THD is authoritative.
2. Purchase of bound books, CDs/DVDs and other:
Goods are regularly delivered by mail order and to the delivery address provided by the customer. When processing the transaction, the delivery address specified in the THD order processing is decisive. Deviating from this, the delivery address provided by the customer at PayPal is decisive when the PayPal payment method is selected.
3. If a delivery to the customer is not possible, the commissioned transport company will return the goods to THD, whereby the customer has to bear the costs for the unsuccessful delivery. This does not apply if the customer was temporarily prevented from accepting the offered service and THD had not given the customer reasonable advance notice of the delivery or if the customer is a consumer and thereby exercises his right of withdrawal according to clause 7 below.
5. Granting of usage rights / granting rights of use
1. THD grants the customer, against payment of the agreed remuneration, the non-exclusive, non-transferable, spatially and temporally unrestricted right to use the goods made available by THD exclusively for his own private use.
2. Any use of THD's goods beyond the intended use according to these GTC is not permitted. In particular, it is not permitted to exploit goods or parts thereof without the consent of THD, to use them commercially (e.g. rental, lending, sale), to pass them on to third parties or to publish or exploit them in modified form.
6. Withdrawal and liability for defects
The statutory provisions apply to withdrawal and liability for defects when purchasing goods in the online store or at the THD sales stands at the seminar locations.
7. Cancellation by consumers
1. The consumer's right of withdrawal is governed by Art. 40a et seq. of the Swiss Code of Obligations.
2. Cancellation policy
Right of revocation
You have the right to cancel your contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must contact us, Tao Heart Dimension, Managing Director: Sandra Leoni, Faliraschgastrasse 1, 7247 Saas (im Prättigau), e-mail: firstname.lastname@example.org, telephone: +41 78 621 78 59 , by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke the contract. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you revoke a 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 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. We may refuse repayment until we have received the goods back. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
8. Conclusion of contracts concerning services of THD (especially seminars)
1. The seminar participant can participate in one of the seminars offered by THD by booking a seminar. Such booking is possible via the THD online store, in or at the THD seminar locations as well as by telephone.
2. when booking a seminar via THD's online store, the following applies:
- 2.1. The presentation of services on the THD website does not constitute an offer to conclude a contract with the customer. It is non-binding.
- 2.2. The customer can submit the offer by e-mail or via the online order form integrated in the THD online store. When placing an order via the online order form, the customer, after entering his personal data and by clicking the button "Buy now" in the final step of the ordering process, submits a legally binding contract offer with respect to the selected services. Before the binding submission of the order, all entries can be corrected continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
- 2.3. THD will immediately confirm the receipt of the customer's offer by e-mail. THD may accept the customer's offer by sending an order confirmation by e-mail, letter or fax within five days. THD is entitled to refuse the acceptance of the order within the five-day period.
- 2.4. The order data will be stored by THD. These can no longer be retrieved by the customer via THD's website after sending his order.
- 2.5. Order processing and contacting take place via e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for the order processing is correct, so that the e-mails sent by THD can be received under this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by THD or by third parties commissioned by THD with the order processing can be delivered.
3. When booking a seminar at a THD sales booth, the following applies:
- 3.1. The product presentations contained at the THD sales booth are non-binding and do not constitute an offer to conclude a contract with the customer.
- 3.2. The seminar booking is made by submission of an offer by the customer and subsequent acceptance of the offer by THD personnel at the THD sales booth.
4. After booking a seminar, the full admission fee (hereinafter: "seminar fees") is due for payment immediately upon receipt of the invoice.
5. If the seminar participant does not pay immediately, i.e. within 14 days after receipt of the invoice, THD reserves the right to withdraw from the contract. In addition, THD reserves the right to assign the receivables to collection or factoring companies.
9. Behavioral obligations for seminar participants
1. THD requires that all seminar participants treat each other with respect and behave professionally in their interactions with THD staff, seminar location staff, speakers, and other seminar participants and their guests or families throughout the duration of the seminar, including during unscheduled delays and interruptions.
2. THD reserves the right to ask seminar participants and/or their guests to leave the seminar location immediately if such persons behave in a rude, uncooperative, unprofessional manner, are drunk, under the influence of illegal substances, and/or are in possession of alcohol and/or illegal substances (any of the foregoing is sufficient in itself).
3. In such a case, the seminar fee for the seminar will not be refunded to the seminar participant under any circumstances and the seminar participant will be excluded from future opportunities to purchase goods or services from THD and will not receive any information letters about its offers. In addition, such Seminar Participant shall not be entitled to any advertised premiums or to any satisfaction guarantee or other written or implied warranties.
4. The seminar participant acknowledges the domiciliary rights of THD and/or the respective operator of the seminar location prior to the beginning and for the entire duration of the seminar.
5. The seminars and seminar documents (especially tools, processes, strategies, materials and information) enjoy the protection of the copyright law. Rights of use are granted only by express prior written declaration. Insofar as documents are made available to seminar participants for downloading, use is limited exclusively to the seminar participant. The seminar participant may store the files on his computer and additionally on mobile devices as often as he wishes, but must ensure that only he has access to them. Passing on the access data is not permitted. Seminar participants are not authorized to copy license material that is handed out for training and information purposes. Licensed material are data processing programs and/or licensed data files (databases) in machine-readable form including the associated documentation. THD may, in order to protect its rights, take legal action and claim full damages if these terms are violated.
6. Children under the age of 16 are not allowed to attend THD seminars. Youth between the ages of 16 and 17 must be accompanied by at least one parent or guardian throughout the event.
10. Right of withdrawal of the seminar participant
Insofar as THD offers services from the area of leisure activities, in particular tickets for events, there is no right of revocation. Each order for tickets is therefore binding and obligates the customer to accept and pay for the tickets ordered.
1. If a seminar participant is prevented from attending the seminar, the seminar participant may transfer his/her seminar ticket to someone else or arrange a replacement date with THD in accordance with the following regulations.
2. The transfer of the ticket to a substitute participant must be notified to THD in writing up to five working days before the seminar and requires the prior written approval of THD. Therefore, a transfer is only effective with prior written approval by THD.
3. Rebooking to an alternative date is at the discretion of THD and is only effective upon written confirmation by THD. A change of date for the seminar is generally possible up to five working days prior to the seminar for a rebooking fee of CHF 50.00. Other seminars can in principle be rebooked free of charge up to four weeks before the seminar; thereafter a rebooking fee of CHF 200.00 will be charged.
12. Exclusion of liability for cancellation, termination or disruption of the seminar
1. If the seminar cannot be held due to force majeure (such as natural disasters of any kind), in particular storms, earthquakes, floods, and/or the suspected execution of attacks, assassinations, hostage-taking, war, unrest, civil war, revolution, terrorism, sabotage, strikes, THD is not obliged to hold the seminar. In this case, THD does not assume any liability for expenses of any kind in connection with the ticket purchase. In particular, no travel or accommodation expenses will be reimbursed. Any registration fees will not be refunded.
2. If the seminar cannot be held due to other reasons, e.g. due to official orders as a result of a pandemic or epidemic, THD will not reimburse any expenses incurred in connection with the seminar booking. In particular, no travel or accommodation costs will be reimbursed. Any registration fees will not be refunded.
3. THD reserves the right to replace or omit individual procedures, sections or lectures of a seminar, provided that this does not affect the overall character of a seminar. THD reserves the right to change the location, the date or the duration of the seminar.
4. Tickets lost by the seminar participant will not be replaced or refunded.
13. Exclusion of liability for personal injury and property damage
1. THD is not liable for personal injury and property damage suffered by seminar participants before, during or after the seminar, in or in front of the seminar location or an accommodation arranged by THD, whether caused by themselves or by another seminar participant or by a third party.
2. This exclusion of liability does not apply to damages resulting from injury to life, body or health that are based on a negligent breach of duty on the part of THD or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of THD.
3. Furthermore, this exclusion of liability does not apply to other damages that are based on a grossly negligent breach of duty by THD or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of THD.
14. Special disclaimer - no professional advice
The seminar participant is solely responsible and accountable for his/her decisions, actions and results in life. THD cannot be held liable under any circumstances for any decisions, actions, or results in the seminar participant's life or business processes based on seminar participation or consulting services. Information shared by THD during seminars cannot substitute for the services of trained professionals in all areas, including but not limited to financial, medical, psychological or legal issues. THD does not provide professional financial, medical, psychological or legal advice.
15. Language and content for adults
THD seminars occasionally discuss sexual topics and explicit language related to personal and professional development that may contain ambiguous words, which may emphasize certain aspects and surprise seminar participants (THD will not use offensive language and will handle these aspects tactfully and discreetly). Seminar participants who are uncomfortable with such topics or language should avoid THD seminars.
16. Audiovisual regulations and their release
Under no circumstances may seminar participants use any type of recording device during the seminars to capture the information provided in the seminar. Recording devices, photos or video recordings are not allowed in the seminar.
17. Applicable law and place of jurisdiction
1. The place of jurisdiction for any disputes arising in connection with the conclusion of a contract is Klosters-Serneus. Deviating mandatory places of jurisdiction under Swiss law shall remain reserved.
2. All legal relations between THD and the customer / seminar participant shall be governed by Swiss law, in particular by the provisions of the Swiss Code of Obligations (OR; SR 220) and the special laws pertaining thereto. For consumers from abroad, Art. 114 IPGR applies.
3. The language of the contract is German.
18. Salvatorian clause
Should any provision of these GTC be or become invalid or unenforceable, this shall not affect the remaining provisions of these GTC. The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible in legal and economic terms to the meaning and purpose of the invalid or unenforceable provision. The same applies to the filling of gaps in these GTC.
19. Amendments of the GTC
THD reserves the right to change these GTC at any time. The customer will be notified of any changes by e-mail or other suitable means (online). The respective binding version of the GTC can be viewed and printed at https://taoheartdimension.com/en/terms-and-conditions/.General Terms and Conditions of Tao Heart Dimension (as of:July 2020)