Terms and Conditions
General, scope of services, scope of application:
Individual services are provided in accordance with the type and scope of the binding information and documents provided in full by the customer. No customer data will be recorded or passed on to third parties without the express consent of the customer.
The following General Terms and Conditions of Business apply to all services and performances provided against payment or free of charge by the company Energetic Treatment and its managing director Sabine Mörtenhuber (hereinafter referred to as Sabine Mörtenhuber).
By concluding a business transaction, these General Terms and Conditions are accepted without reservation.
This also includes the penalization in the event of late withdrawal or non-observance of the business transaction. (see withdrawal after conclusion of business)
Conclusion of contract:
A contractual relationship between the contracting parties shall be deemed to have been concluded when Sabine Mörtenhuber sends a written order confirmation after receipt of the order or contract, or has begun to provide the service.
Previous offers by Sabine Mörtenhuber are subject to change and non-binding, unless the aforementioned party designates the offer as binding. By placing an order, the contracting party bindingly declares its contractual offer. Information provided and described by Sabine Mörtenhuber on the website, in brochures, folders or similar documents is not binding unless it is designated as binding. Unless the duration of the contract has been explicitly agreed, the contract is deemed to have been concluded for an indefinite period. If a contract concluded for a limited period is terminated by one of the contracting parties by giving notice in compliance with the agreed periods and dates, the contractual relationship shall be extended by the originally agreed contractual period.
Any additional or different agreement, assurance or amendment to the concluded contract must be in writing.
Terms of payment and due date:
Unless otherwise agreed in writing, the prices of Sabine Mörtenhuber stated in the offer or order form shall apply. The prices include the statutory sales tax. Travel time shall be considered working time and Sabine Mörtenhuber shall also be entitled to official mileage allowance as compensation for expenses. Unless otherwise agreed in writing, payments are due promptly upon performance or receipt of invoice without deductions. In the event of default in payment, Sabine Mörtenhuber shall be entitled to suspend performance and, at its option, either to adhere to the fulfillment of the contract or to declare the contract dissolved.
Sabine Mörtenhuber is also entitled to demand payment of all expenses and costs arising from the default.
costs arising from the default, in particular for reminders, subject to the assertion of further rights.
to the defaulting contractual partner.
Withdrawal after the conclusion of the transaction:
Unless otherwise agreed in writing, dates and deadlines agreed between the contracting parties at the time of conclusion of the transaction shall be observed. Should it be necessary for one of the contractual partners to withdraw from the contract for understandable reasons, a request for withdrawal must be submitted in writing to Sabine Mörtenhuber 5 working days before the start of the service and is thus free of charge. In the event of a request for withdrawal at short notice (less than 5 working days before the start of the service) or failure to commence the service, Sabine Mörtenhuber is entitled to charge an appropriate fee (penalty). The amount of the penalty varies depending on the scope of services offered.
Property rights / data protection:
Sabine Mörtenhuber guarantees that it has the necessary rights of use and exploitation with regard to the services provided and indemnifies and holds harmless the contracting party from and against claims by third parties, provided that the contracting party uses the services in accordance with the contract. This shall not apply to expressly marked third-party rights. The contractual partner shall be granted a non-exclusive and non-transferable right to use the services and products made available in accordance with the contract for the duration of the contractual relationship. Any use beyond this is only permitted in a written form expressly approved by Sabine Mörtenhuber. The contracting party does not acquire any intellectual property rights or similar rights to the respective services. Sabine Mörtenhuber continues to be entitled to copyrights to the agreed services. Any infringement of the copyrights shall result in claims for damages. The contracting party must take all necessary and reasonable measures to prevent infringements of the rights of use by third parties. Upon becoming aware of infringements, he must immediately block all incriminated data and services from further publication and notify Sabine Mörtenhuber without delay. In the event of a breach of contract, Sabine Mörtenhuber is entitled to charge a contractual penalty not subject to judicial mitigation.
