§ 1 General provisions

The General Terms and Conditions (GTC) govern the contractual relationship between the operator of the website www.talk2grow.online, Ms. Felicitas Möller, and the user (hereinafter referred to as the client, regardless of gender).

 

§ 2 Scope of application

The use of the services offered by Felicitas Möller is governed by these General Terms and Conditions. Deviating agreements must be made in writing. Verbal arrangements and agreements are not binding.

The client agrees to the validity of these GTC before making an appointment by email. The validity of the GTC can also be declared by the express consent of the client.

The operator of the internet service www.talk2grow.online is Felicitas Möller, who can be contacted at talk2grow.online@gmail.com

 

§ 3 Subject matter of the contract and services

Felicitas Möller offers services in the form of therapeutic online counseling and individual sessions. The client chooses the service that suits them best. The services and costs are described in detail on the website www.talk2grow.online.

If the client makes use of Felicitas Möller's services as a consumer, he/she has a statutory right of withdrawal (see withdrawal policy §10).

 

Therapeutic online counseling

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The client can make use of a therapeutic consultation with Felicitas Möller. In this case, the subject of the contract is a request formulated by the client. The counseling service is provided exclusively by means of remote communication. Why and in which situations therapeutic online counseling can be used, as well as the range of possible counseling topics and concerns, are listed under the following link: www.talk2grow.online

IMPORTANT NOTE ON ONLINE COUNSELING:

The content or aim of online counseling is not to make diagnoses and/or carry out psychotherapeutic interventions. Therapeutic counseling is a service outside the field of medicine.

Therapeutic online counseling can be helpful. However, it cannot replace on-site psychotherapy in the case of severe psychological conditions. Online counseling is not suitable for the following disorders: acute psychotic disorders, severe depression, personality disorders and addictions, acute suicidal tendencies. In these cases, you should contact the emergency services. If you are experiencing an emergency, please call an emergency number or the local rescue service. If your condition deteriorates, please also get help locally. As a client seeking advice, you are responsible for the use of Felicitas Möller's services.

 

Germany:

Telephone counseling 0800 - 111 0 111 or 0800 - 111 0 222 (call is free of charge)

Telephone counseling: Mail counseling, chat counseling and on-site counseling at: https://www.telefonseelsorge.de/

Austria:

Telephone counseling: 142 (call is free of charge)

Telephone counseling mail counseling and chat counseling at: https://www.telefonseelsorge.at/

Switzerland:

Telephone counseling: 143 (call is free of charge)

Telephone counseling by mail and chat at: https://www.143.ch/

EMERGENCY CALL EUROPE-WIDE:

The Europe-wide standardized emergency number: 112 (call is free of charge)

 

§ 4 Making an appointment

Counseling sessions take place exclusively by prior appointment with the client. Arrangements made by email or bookings via the online calendar booking system are deemed to be agreements.

Appointments are made according to Central European Time (CET).

 

§ 5 Registration, booking and invoicing

a) Registration

Booking an appointment by email does not require a client-specific user account or registration.

b) Booking and invoicing via the online calendar booking system

Bookings are generally processed and invoiced by e-mail and booking confirmation. The client must ensure that the e-mail address provided by him for booking processing is correct so that e-mails can be received at this address. When using spam filters, the client must ensure that all emails sent by Felicitas Möller, or by third parties commissioned by Felicitas Möller to process the booking, can be delivered.

If a service requiring payment is selected, the client will receive a payment request by e-mail via the payment service provider PayPal Plus and can make an online payment via PayPal, direct transfer or credit card payment. Once the payment has been successfully made, the client receives an e-mail with the booking confirmation and an invoice as an attachment. The amount must be transferred before the appointment.

There is no legal claim to the use of Felicitas Möller's services. Felicitas Möller is entitled to refuse the appointment booking without giving reasons. If a fee has already been paid, the amount paid will be refunded to the client.

c) Booking and invoicing via email contact

The client has the option of booking an appointment (equivalent to making an appointment) by emailing Felicitas Möller. For the procedure for booking appointments and invoicing, see below: Conclusion of contract via email contact § 6 b).

Before an appointment is booked, Felicitas Möller reserves the right to reject requests or offers from the client that are aimed at booking an appointment and concluding a contract in individual cases. This is at the discretion of Felicitas Möller. 

 

§ 6 Conclusion of contract

Conclusion of contract via email contact

The client has the option of sending Felicitas Möller an offer to conclude a contract. To do this, he sends his request by email to talk2grow.online@gmail.com, stating his contact details and the type of service required. Felicitas Möller can accept this offer by confirming the acceptance of the offer by email and submitting appointment proposals to the client.

The concrete and binding contract is concluded with an appointment agreement (= booking) confirmed by the client by email. Felicitas Möller then sends the client an invoice by email as a PDF attachment.

 

§ 7 Payment

a) when booking an appointment via the online booking system

Payment is processed via the payment service provider PayPal: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22 - 24 Boulevard Royal, L-2449 Luxembourg. Its terms of use can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/ppplus-tnc

When booking an appointment, the client is forwarded to PayPal Plus, where he has the following options for payment processing: PayPal, direct transfer, credit card payment.

b) When booking an appointment via email

upon conclusion of the contract (appointment confirmed by the client by email), payment of the agreed fee is due and must be made no later than 24 hours before the agreed appointment. The date of receipt of payment by Felicitas Möller is decisive. Payment must be made by bank transfer to the following bank account:

Felicitas Möller 

IBAN: DE91 2004 1133 0694 2726 00

BIC: COBADEHD001

A transfer via PayPal is possible by arrangement when booking the appointment.

 

§ 8 Prices

The prices published on the website at the time the contract is concluded shall apply. The prices are listed under the following link: https://www.talk2grow.online/what-to-expect 

 

§ 9 Change of appointment, cancellation of appointment, cancellation regulations and cancellation fee

a) Changes and cancellations of appointments by the client

 

If an appointment cannot be kept, it can be postponed or canceled free of charge 24 hours before the appointment. The client sends an informal message to Felicitas Möller by e-mail to talk2grow.online@gmail.com

In the event of a cancellation within 24 hours before the appointment, or in the event of no cancellation and missed appointment, no refund of the fee to the client is possible. In these cases, the entire fee will be treated as a cancellation fee and will not be refunded.

Shortening an appointment for private reasons of the client does not result in a reduction of the fee to be paid. The previously agreed price for the entire booking of the time interval must be paid, even if this was not used in full.

Technical adversities: In the event that an appointment is interrupted for technical reasons, the missed time will be added to the originally planned end of the appointment. If this is not possible due to time constraints on the part of the client or Felicitas Möller, the unused time will be made up in a free replacement appointment. If the appointment cannot be realized at the planned time for technical reasons, Felicitas Möller will offer an alternative appointment free of charge.

In any case, Felicitas Möller will contact the client by telephone or e-mail to discuss the next steps and arrange an alternative appointment. If the technical adversities affect a free trial lesson, the client is not entitled to an alternative appointment.

The cancellation regulations are also listed under the following link: https://www.talk2grow.online/what-to-expect 

b) Changes and cancellations of appointments by Felicitas Möller

Felicitas Möller reserves the right to change or cancel appointment bookings and agreements for good cause. In the event of cancellation, she will refund any paid and unpaid appointment bookings.

 

§ 10 Cancellation policy

a) 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 (see § 6). In order to exercise your right of withdrawal, you must inform Felicitas Möller (talk2grow.online@gmail.com) of your decision to withdraw from this contract by means of a clear statement.

To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

b) Consequences of withdrawal

If you withdraw from this contract, Felicitas Möller must refund all payments that it has received from you immediately and at the latest within fourteen days from the day on which it receives notification of your withdrawal from this contract. For this repayment, Felicitas Möller 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 for this repayment.

If you have requested that the service should commence during the withdrawal period, you must pay Felicitas Möller a reasonable amount corresponding to the proportion of the services already provided by the time you inform Ms. Möller 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.

c) Sample withdrawal form

If you wish to withdraw from the contract, please complete this form and return it to us:

To: Felicitas Möller - talk2grow.online@gmail.com

I hereby cancel the contract concluded by me for the provision of the following service:

booked on:

Name of the consumer

Address of the consumer

Signature of the consumer(s) (only for notification on paper)

Date:

d) Special information on the premature expiry of the right of withdrawal

The right of revocation expires prematurely if Felicitas Möller has provided the service in full and has only started to provide the service after the client has given his express consent and at the same time has taken note of the fact that he loses the right of revocation upon complete fulfillment of the contract by Felicitas Möller.

- End of the cancellation policy -

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§ 11 Area of responsibility of the client

a) The Client assures that he/she has reached the age of 18 and has full legal capacity.

b) The client shall endeavor to arrive punctually for the appointment. The appointment begins at the agreed time. The consultation ends at the scheduled time, even if the client arrives late.

c) The client assures to conduct the consultation in an undisturbed place and to avoid interruptions and disturbances. The recording of a conversation is only permitted if written permission has been obtained from Felicitas Möller in advance.

d) Therapeutic counseling is to be understood as an open, active and self-responsible process in which Felicitas Möller provides the client with advice, guidance and support. The client endeavors to the best of his or her knowledge and ability to achieve success in the sense of reaching a goal.

The client remains responsible for the choice of topics to be discussed and in particular the implementation of the solution steps developed.

 

§ 12 Confidentiality Felicitas Möller is subject to a professional duty of confidentiality towards third parties. Information may only be disclosed to another person if the Client has given his prior written consent and has released Ms. Möller from her duty of confidentiality.

However, the duty of confidentiality does not apply in exceptional cases in which Felicitas Möller must assume that the client or third parties are at risk (acute suicidal or homicidal intentions, abuse of children, etc.) In these exceptional cases, there is a legal obligation to provide information. In the event of the announcement of suicidal acts or acts endangering others and a lack of ability or willingness to contact a specialist doctor, therapist or clinic, Felicitas Möller will involve the relevant authorities in order to avert any danger as far as possible.

 

§ 13 Client data and data protection

a) No data will be collected, processed, passed on or used without the client's consent. The data collected with consent will only be processed or used insofar as this is necessary for the processing of the contractual relationship and for the fulfillment of services.

b) In particular, Felicitas Möller collects, documents and archives client-specific personal data and information during the anamnesis and in the course of counseling sessions. She also stores personal data of the client insofar as this is necessary for accounting purposes.

c) Felicitas Möller undertakes to store and archive all data and documentation only accessible to her and in accordance with legal requirements.

The Client agrees to the collection and archiving of the relevant data.

d) Reference is also made to the data protection declaration. This can be found at the following link: https://www.talk2grow.online/datenschutz

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§ 14 Warranty

a) Felicitas Möller assures to provide her services personally, to the best of her knowledge, carefully and conscientiously.

b) German private law does not provide for a warranty for services in the form offered by Felicitas Möller. No guarantee can be given for the success of the consultancy services. Similarly, no guarantee can be given for the satisfaction of the client with the service provided in each case.

c) Statements made by Felicitas Möller are always based on her current state of knowledge. There are different opinions on some therapeutic topics and methods used. In this respect, it cannot be guaranteed that the most up-to-date - or currently recognized as the best - statement has been made or therapy method applied.

 

§ 15 Liability

a) Felicitas Möller provides her services on the basis of the information communicated or provided by the client. The Client is solely responsible for the factual accuracy and completeness of this information.

b) During and after receiving a service from Felicitas Möller, the Client acts on his own responsibility. Felicitas Möller accepts no liability for actions taken by the Client after a consultation has taken place.

c) Felicitas Möller accepts no liability or guarantee for the realization, adherence to or punctuality of appointments.

d) Felicitas Möller is only liable for damages, in particular due to delay, non-performance, poor performance or unlawful acts, in the event of a breach of essential contractual obligations, the fulfillment of which could be relied upon to a particular degree. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as loss of profit, is excluded. The same applies to the consequences of accidental damage and force majeure.

e) Felicitas Möller's liability is otherwise excluded, unless there are mandatory statutory regulations. The exclusion of liability does not apply to intent and gross negligence.

f) The above limitations of liability apply to all contractual and non-contractual claims.

g) Availability

No guarantee can be given for unrestricted accessibility of the homepage www.talk2grow.online. Felicitas Möller excludes any liability for technical or other faults in the accessibility of its website.

 

§ 16 Duty to provide information

a) The language available for the conclusion of the contract is exclusively German and English. 

b) Information on online dispute resolution in accordance with Art. 14 EU Regulation No. 524⁄2013:

Regulation (EU) No. 524⁄2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force since 09.01.2016. It applies to the out-of-court settlement of disputes concerning contractual obligations, including those arising from online service contracts between consumers and online companies, and aims to achieve a high level of consumer protection in the European single market. The possibility of online dispute resolution (ODR) is intended to offer a simple, efficient, fast and cost-effective out-of-court solution for disputes. 

The ODR platform forwards properly submitted complaints to the competent ADR entities (under national law) (out-of-court dispute resolution). The use of the ODR platform itself is free of charge; in proceedings before the ADR bodies, consumers may incur costs (up to EUR 30.00) if their request is abusive. Link to the EU Commission's ODR platform: ec.europa.eu/consumers/odr Felicitas Möller's email address is: talk2grow.online@gmail.com

 

§ 17 Rights of use

a) The content, information, images, videos, etc. published on the talk2grow.online website are protected by copyright and are generally owned or licensed by Felicitas Möller

b) The content on the talk2grow.online website may only be used or reproduced for personal and not for commercial purposes. The content may not be passed on without the express consent of Felicitas Möller.

c) With regard to the services of Felicitas Möller, the client is exclusively entitled to the rights granted under these General Terms and Conditions.

 

§ 18 Final provisions and applicable law

a) Should one or more provisions of these General Terms and Conditions, including this provision, be or become invalid or void in whole or in part, the validity of the remaining provisions will remain unaffected. 

In place of the ineffective or missing provisions, the respective statutory provisions shall come into force, namely those that come closest to the respective ineffective or void provision.

b) The law of the Federal Republic of Germany shall apply exclusively.