General Terms and Conditions for Denkzeuge^® Products and Services

As at 07/26/2021

We are pleased that you are interested in our Denkzeuge®. Companies are legally obligated to create general terms and conditions. As a conscientious company, we are happy to comply with this requirement and present our General Terms and Conditions here, which we have written with the help of Deutsche Anwaltshotline AG.

We want you to feel safe and in good hands with us, so we present the usually so called “small print” a little larger in normal font and have tried to formulate this within the legal framework as simple and understandable as possible. Please read the conditions carefully before you make a booking or place an order, because by submitting a booking or order you agree to the application of these terms and conditions.

If you have any questions, please feel free to contact us: team@denkzeuge.com

If you decide to make a purchase or a booking with us, the following general terms and conditions apply exclusively, and thereby the version of these terms and conditions valid at the time of the order. Any deviating terms and conditions of you as a customer are rejected.

Contractors

On the basis of these General Terms and Conditions (GTC), the contract between you as a customer and us of Denkzeuge GmbH, represented by Oliver Fritsch and Michaela Lang, Kapellenweg 8, 79183 Waldkirch, e-mail team@denkzeuge.com, Register Court Freiburg, HRB 724591, VAT identification number: DE280557706, is concluded.

Subject of the contract

This contract regulates bookings of a PocketCoach® online membership package, a certification, a workshop, an expert coaching, a training or a consulting and the order of haptic Denkzeuge® (“thinking tools”). For details of the respective offers, please refer to the description of the offer pages.

Booking & Conclusion of contract

The contract will be drawn up in German as well as the further implementation of the contractual relationship. Personal expert coaching, training, consulting or workshops can also be conducted in English by separate agreement – please contact us if you wish to do so.

The online ordering process includes the following steps:

• Activation of the desired offer with corresponding button on the main company website or a subpage.
• Entering the quantity and the address and payment data.
• Pressing the button “Zahlungspflichtig bestellen”.
• Confirmation that the order has been received.

With the order confirmation the contract is concluded.

For certifications or workshops, in addition to the online booking, a contract can also be concluded via a registration form signed by you and provided by us in writing; for bookings of coaching, consulting or training, a contract can also be concluded via a written order confirmation from our side via email after joint written, telephone or personal order clarification. For direct bookings with our partner coaches beyond our offer, their terms and conditions apply.

Our presented offers represent a non-binding invitation to submit an offer through your order. The contract is only concluded when we accept your booking or order and you receive a written, electronic confirmation from us. You will receive invoices in electronic form.

Contract duration

The contract of a PocketCoach® online package has recurring/permanent services as its object and is concluded for an indefinite period. The minimum contract period is between one and twelve months, depending on the package, and can be paused by either party without giving reasons at the end of the contract. If you do not pause the contract in time, it will automatically be extended for another period of your booked PocketCoach® online package. You can easily pause the contract in your account at:

https://pocketcoach.ai/en/welcome/account-settings/?action=subscriptions

The contract duration, revocation, notice periods for online or live certifications / workshops / courses / consulting / training / coaching etc. are to be taken from the respective current offer and are determined in the course of the joint order clarification.

The right to extraordinary termination for good cause, in particular the repeated breach of the main contractual obligations, remains unaffected.

Pricing

All prices are final prices and include the statutory sales tax. The price stated at the time of booking or ordering applies. For orders of haptic Denkzeuge® (“thinking tools”) a customary shipping surcharge will be added.
If there is a right of revocation and this right is exercised, any costs arising from the revocation are to be borne by you.
Promotions or discounts are always limited and only valid for the specified period.

Terms of payment

When concluding a contract, the terms of payment specified on the website or in the offer apply.

Delivery & Online access

Immediately after receipt of the order and correct payment you will be given access to the PocketCoach® online member area. If access is no longer available due to force majeure or the fault of a supplier, we have the right to withdraw from the contract. Payments already received will be refunded to you.
For expert coaching sessions booked online, we will contact you within 48 hours to schedule an appointment with you and match you with an expert with whom you can then schedule an appointment.
For certifications, the delivery date is the date selected in the registration form; for coaching, consulting or training, the delivery date is the times specified in the order confirmation.
If it can be proven that you cannot attend the appointment for health reasons or force majeure, you can choose an alternative date.
In case of illness of the Denkzeuge® partner coach, trainer or expert, a substitute can be provided by our side. In case of force majeure, cancellations on our part are permitted. In this case we will of course refund the advance payment, but it will be limited to the pure contractually agreed fees. Further costs incurred on your side, such as travel and accommodation costs, will not be reimbursed.
Delivery of haptic Denkzeuge® (“thinking tools”) will take place within the specified delivery period. Please make sure that the acceptance of the order is guaranteed on your side to avoid further shipping costs for you.

All delivered products remain our property until full payment.

Rights of use and Copyrights

A lot of passion and development work goes into the creation of our tools and you acknowledge that all Denkzeuge® thinking tools and content are our intellectual property and are protected by copyright and intellectual property laws. PocketCoach®, KraftBoxx®, Denkzeuge® and all sensors are legally protected as trademarks, designs, utility models or registered designs in Germany and many other countries and we reserve all rights at all times. The protection also applies beyond the end of the package terms. Especially prohibited are:

• The commercial and industrial use or the transfer of Denkzeuge® to third parties, unless a current Online Basic or Premium package is booked.
• The removal of any product labels, copyright notices, or other notices from the Denkzeuge® tools.
• Train-the-trainer trainings with Denkzeuge® tools without consent.
• Selling, leasing, renting, transferring the rights of the Denkzeuge® tools.
• Unauthorized modification or further development of the Denkzeuge® tools and their contents.
• Copying, scanning, unauthorized duplication or other reproduction of the Denkzeuge® tools and their contents or parts thereof.

Supplementary terms of use in the course of commercial and industrial use

The use of all Denkzeuge® tools and their contents on and with third parties is your highly personal service to be provided and is always at your own liability. You provide this service to the best of your knowledge and never to the detriment of third parties. You undertake to use Denkzeuge® tools in accordance with the conditions, to preserve their philosophy and quality, and to use Denkzeuge® as a brand and product only as intended. In addition, you agree to act in accordance with DSGVO (German GDPR) and to protect customer data in accordance with the law and not to pass it on to anyone.

For exercise and use, you are granted the non-exclusive, non-transferable, time and place limited right to use and apply the Denkzeuge® tools, content and exercises in unmodified form.
You also receive the right, after approval by us, to refer to the Denkzeuge® tools as part of your customer advertising for consulting, coaching, training, therapy, mediation, if you thereby offer your services within the scope of these terms and conditions.
The implementation of workshops, trainings or similar around the Denkzeuge® tools requires prior approval.
Any further rights are expressly not transferred. It is pointed out that any further use, such as copying of documents or Denkzeuge® tools not marked for this purpose, in whole or in part, constitutes an infringement of the existing copyrights, which gives rise to a liability for damages (see also Rights of use and Copyrights).

Privacy

Your data is safe with us. They are stored on servers within the EU and Germany (complying with the DSGVO). We comply with all legal requirements. You can find our detailed privacy policy here.

Cancellation policy and right of revocation

When ordering immediately accessible digital services, coaching sessions that have already taken place or courses that have already begun, you expressly agree to the loss of your 14-day right of revocation, as the contractual performance begins before the 14-day withdrawal period expires in accordance with §356 of the German Civil Code (BGB).

In the case of a purchase contract (delivery of haptic Denkzeuge® tools, coaching or courses that start 14 days after the order), you have the right to revoke a contract with us within fourteen days without giving any reason. The revocation period begins from the day of our written confirmation or, in the case of delivery, on the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we will reimburse you for all payments we have received from you, including our 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 at the latest 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 for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Denkzeuge GmbH, Kapellenweg 8, 79183 Waldkirch, without undue delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods. You can also request a return label from us. The costs for the return shipment will be deducted from the refund amount.
You only have to 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.

End of the revocation policy

Liability disclaimer

Claims for damages by you as a customer are excluded, unless otherwise stated in the following. This also applies to the representatives and vicarious agents of Denkzeuge GmbH, if you raise claims for damages against them. Excluded are claims for damages on your part due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by Denkzeuge GmbH or its legal representative or vicarious agent.

Prohibition of assignment and pledge

Claims or rights of you against us may not be assigned or pledged without our consent, unless you as the customer have proven a legitimate interest in the assignment or pledge.

Jurisdiction and applicable law

The law of the Federal Republic of Germany shall apply exclusively.
For consumers, this shall only apply insofar as this does not restrict any statutory provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of Denkzeuge GmbH.

Final provisions

In the event of a conflict: Both contracting parties shall endeavor to find an amicable out-of-court solution to any conflicts in the individual case. If it is not possible to reach an agreement, the parties already agree to involve a mediator in order to work out a solution together before a legal dispute arises. The place of jurisdiction is Freiburg.

The invalidity of any provision of these GTC shall not affect the validity of the other provisions.