General Terms and Conditions Lampenfieberlos & Claudissimo-Music
Our general terms and conditions are deemed to be agreed upon when using the coaching services of Lampenfieberlos and the music lessons of Claudissimo-Music. In particular, they contain your rights and obligations as our client as well as the most important data protection provisions.
Preamble Stage Fright
A joyful tension before a performance or a motivated and organized feeling before an exam promotes concentration. However, if the tension becomes too great and turns into so-called stage fright, it has a counterproductive effect and the brain blocks the body so that it can no longer access its full potential, or in the worst case, not access its existing potential at all.
Preamble Claudissimo-Music
Claudissimo-Music offers:
- Lessons for nyckelharpa, hurdy-gurdy and violin, online or in person
- Recorder lessons
- Musical performances and appearances for your event, “solo” or with my “DUOs and Bands”
- Hurdy-gurdy online course, flexible, with personal support on request
- My nyckelharpa practice book
- My hurdy-gurdy exercise books
§ 1 Scope
(1) These General Terms and Conditions (hereinafter: "GTC") apply to all contracts for the provision of services, in particular
- Coaching services, especially in the area of dealing with fears
- Music lessons, especially for nyckelharpa, hurdy-gurdy, violin or recorder
between
Claudia Elmer
Hindenburgstraße 69
73207 Plochingen,
(more information in the imprint: https://lampenfieberlos.de/impressum/ or https://claudissimo-music.de/impressum/)
(hereinafter referred to as "user", "we", or "us")
and you
(hereinafter referred to as “Partner”, “your” or “you”).
(2) The General Terms and Conditions apply regardless of whether you are a consumer or a businessperson.
(3) You are a “consumer” if you are a natural person who concludes a contract with us for purposes that can predominantly neither be attributed to your commercial nor to your self-employed, freelance, public or non-profit professional activity.
(4) You are an “entrepreneur” if you are a natural person or if you are entering into a contract for a legal entity or a partnership with legal capacity which, when concluding the contract with us, is acting in the exercise of its commercial, freelance, self-employed, public law or non-profit professional activity.
(5) These Terms and Conditions apply to all our platforms. “Platforms” are all our sales and operations channels and services. In particular, they are all our premises; all our physical or electronic documents such as emails, order documents or information materials; all our sales areas such as stands or shops as well as our
Webseiten oder Apps und unsere Profile auf Webseiten oder Apps unserer Partner.
(6) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply. Deviating General Terms and Conditions shall not be accepted. This shall also apply if we have not expressly objected to their inclusion. Something else may apply if these General Terms and Conditions provide otherwise in individual cases.
(7) All agreements made between you and us in connection with a service arise in particular from an order or assignment and the associated attachments, our confirmation, our acceptance and, in addition, unless regulated therein, from these General Terms and Conditions. These General Terms and Conditions also apply to subsequent orders or assignments that you place during or after the contract term, unless other General Terms and Conditions have been included at that time.
(8) With the exception of written amendments and additions to these Terms and Conditions, electronically or digitally created documents or materials are treated as written documents or materials.
(9) These Terms and Conditions also apply to other contracts concluded between you and us, unless there are special Terms and Conditions relating to the other type of contract and clauses of these Terms and Conditions can be applied in terms of content.
§ 2 Scope of Services
(1) We provide services in the field of
- Coaching, especially against stage fright, fear of the stage or exam preparation. We have the following packages:
- Bronze
- 3 individual coaching sessions
- Silber
- 5 individual coaching sessions
- Gold
- 7 individual coaching sessions
- Bronze
- Music lessons, especially for nyckelharpa, hurdy-gurdy, violin or recorder.
(2) The scope of our service in each individual case shall be determined by:
- Your order or your contract, regardless of which of our platforms you use to place it, in particular when ordering online (for example, the service description as part of the order process, on the website or the app) or in text form (for example, the order or contract documents including attachments, regardless of whether in paper form or electronically by email).
- Subsequent requests for changes that deviate from the order or contract require a separate agreement and order and are to be paid for separately. For activities outside the range of services or an agreed time quota, an hourly fee of €100 is agreed.
§ 3 Remuneration and Implementation
(1) We receive remuneration for our services according to:
- Your order or the contract according to the paragraph on the scope of services
(2) We undertake to provide the contractually agreed services carefully and conscientiously. We are not obliged to achieve a successful outcome. Coaching does not involve any activity that requires a licence, in particular no medical, healing or therapeutic service. In particular, no diagnosis or cure is owed. The service cannot replace appropriate treatment.
(3) When carrying out our work, we are not subject to any instructions regarding the type of service provision, the location of the service provision or the time of the service provision, unless otherwise agreed in writing. When dividing up the work times, we will determine these ourselves in such a way that the purpose of the service is effectively achieved. The agreement and coordination of the service provision with you is carried out for the purpose of increasing effectiveness.
(4) In addition to the fee pursuant to paragraph 1, they shall reimburse the user for necessary expenses.
(5) We are entitled to engage third parties, in particular as subcontractors, to provide the service.
(6) If a service is provided free of charge in accordance with the contract, no liability is assumed for the accuracy and completeness of the results achieved in this way - with the exception of any resulting damage to life, body or health and in accordance with the Product Liability Act. It is your responsibility to check the content.
§ 4 Term and Termination
(1) The term of the contract begins – unless otherwise agreed electronically or in writing – with the dispatch of the order confirmation by the user to the partner.
(2) The concluded contract is valid for an indefinite period of time, unless otherwise agreed electronically or in writing. The following applies to coaching sessions as an exception:
- Bronze
- The contract ends 6 months after the contract is signed. Any unused hours will expire.
- Silber
- The contract ends 9 months after the contract is signed. Any unused hours will expire.
- Gold
- The contract ends 12 months after the contract has been signed. Any unused hours expire
(3) In the case of a minimum contract term, the contract shall be extended for an indefinite period after the minimum contract term unless terminated by one of the parties in advance with one month's notice to the end of the respective term. After the extension for an indefinite period, the contract may be terminated with one month's notice to the end of a month.
(4) If we terminate the contract for good cause, you are obliged to reimburse us for the costs and fees that have verifiably been incurred up to the time of termination. The services provided by us up to that point are to be invoiced pro rata, if possible, otherwise a full invoice will be issued.
(5) Termination may be made by email.
(6) An agreed appointment can be cancelled or postponed up to 7 days before the start of the appointment day without payment of the fee; an agreed appointment can be cancelled or postponed within a time frame of 7 days to 48 hours before the start of the appointment day against payment of 50% of the fee; an agreed appointment can be cancelled or postponed within a time frame of 48 hours before the start of the appointment day against payment of 100% of the fee. A maximum of two appointment cancellations or postponements can take place within a calendar quarter; in the event of further appointment cancellations or postponements, you are obliged to pay the full fee despite the request for cancellation or postponement and regardless of a reason such as force majeure. The provisions for termination apply to the form of cancellation or postponement.
§ 5 Conclusion of Contract
(1) When we present our services on our platforms, we do not make a binding offer to conclude a contract. The presentation is merely a non-binding presentation.
(2) Our offers and cost estimates are subject to change. Errors in cost estimates and offers can be corrected before the order is accepted.
(3) You can place a legally binding order or commission in any way that our platforms offer or that we suggest to you in individual cases. In particular, you can place it as follows:
- By clicking on an order or commission button on our platforms, in particular on our websites and apps as well as our profiles on third-party websites and apps.
- By sending us completed order or contract documents via any common communication channel such as email, post, fax or our social media profiles or by accepting an offer to conclude a contract that we send to you via one of the aforementioned communication channels.
- By handing over completed order or contract documents to us – for example in our or your premises or sales areas, at trade fairs, information or promotional events or on any other occasion.
(4) By placing an order, you also agree to these General Terms and Conditions and to the data processing in accordance with our privacy policy.
(5) You are bound to the assignment or order for a period of 2 weeks after placing the assignment or order.
(6) We may delay receipt of the order or contract
- by email to the email address you provided or used or by message within our platforms, in particular within our websites and apps as well as our profiles on third-party websites and apps
- with confirmation letter by letter or by handover
The confirmation does not constitute a binding acceptance of the order or contract, unless it also declares acceptance in addition to confirmation of receipt.
(7) We generally confirm the order or commission ourselves. However, a third party can also provide a confirmation on our behalf if you have ordered or commissioned our service on third-party platforms – in particular a third-party website or app – on which we maintain a profile.
(8) A contract between you and us is only concluded when we
- expressly accept the order or your request.
- begin providing the service.
- issue an invoice.
- provide the service – in whole or in part.
Acceptance can occur at the same time as confirmation.
(9) If there are several contracting parties or if the contracting party is a partnership, they or the partners of the partnership are jointly and severally liable for our claim. We are entitled to rely on the instructions and information of an individual contracting party or partner of a partnership when executing the contract, in particular without discussing this with the other contracting parties or partners of a partnership, unless another party objects in writing. An objection entitles us to terminate the contract on the basis of and with the consequences of a lack of cooperation.
§ 6 Granting of rights to activity results
(1) We acknowledge that all rights to all results of the activity, data or documents (files, drafts, etc.) used in the activity or other protectable goods as well as all protective rights that exist in the results of the activity, data, documents or protectable goods, arise from their use and/or are embodied in them, only to the extent that
You agree that the use of the data is limited to the contractually agreed use, private use (i.e. not within the scope of commercial, freelance, self-employed, public or non-profit use) and non-public use (i.e. not through publication). You hereby accept this transfer.
(2) If the transfer of rights provided for in the preceding paragraph cannot be effectively effected, we hereby grant you a right of use to the results of the activity or protective rights, subject to the restrictions of the preceding paragraph. This also includes new types of use that only become known in the future. To the extent legally possible, we unconditionally and irrevocably waive all moral rights that may exist in existing or future
Results of activities, including the right to be named and the prohibition of distortion.
(3) You may not transfer the granted rights to third parties.
(4) The above transfer of rights or granting of rights of use shall only take place after full payment of our remuneration.
(5) We may use the results of the activity in the context of our business operations and use them freely after removing the customer-specific details.
(6) Documents or files such as presentations, preliminary work, concepts, white papers or copies that we have received as part of the contract may only be passed on to third parties, published, presented or used outside of the private or internal company area with our written consent. Liability for their
Completeness or accuracy is not guaranteed.
§ 7 Revocation
(1) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. The following applies to consumers:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us (Claudia Elmer, Hindenburgstraße 69, 73207 Plochingen, telephone: +49 171 4568350, email: claudissimo-music@gmx.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
— To (Claudia Elmer, Hindenburgstraße 69, 73207 Plochingen, Phone: +49 171 4568350, Email: claudissimo-music@gmx.de):
— Hiermit widerrufe(n) ich/wir () den von mir/uns () abgeschlossenen Vertrag über die Erbringung der folgenden Dienstleistung ()
— Ordered on () / received on () — Name of consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if notification is on paper)
- Date ___ ()
- END OF THIS SAMPLE CANCELLATION FORM –
(2) The right of withdrawal does not exist, expires or can be excluded if a legally regulated case, a corresponding court decision or another legal reason exists. Legally regulated cases arise in particular from Sections 312 g or 356 of the German Civil Code (BGB).
- for contracts for the provision of services in the fields of accommodation for purposes other than residential purposes, transport of goods, car rental, food and beverage delivery and other services related to leisure activities, where the contract provides for a specific date or period for the provision of such services.
(3) The right of withdrawal shall expire in the case of a contract for the supply of digital content not stored on a physical data carrier even if the trader has begun to perform the contract after the consumer
- has expressly agreed that the entrepreneur may begin the execution of the contract before the expiry of the withdrawal period, and
- has confirmed his knowledge that by giving his consent he will lose his right of withdrawal once the contract has begun to be executed.
(4) The right of withdrawal shall also expire, in particular in the case of a contract for the provision of services, if the trader has fully provided the service and has only started to perform the service after the consumer has given his express consent and at the same time confirmed his knowledge that
he loses his right of withdrawal when the contract is fully fulfilled by the entrepreneur. In the case of a contract concluded outside of business premises, the consumer's consent must be transmitted on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal expires, in deviation from sentence 1, if the contract is fully fulfilled by both parties at the express request of the consumer before the
consumer exercises his right of withdrawal.
§ 8 Obligation to cooperate
(1) You will support us in the provision of our contractual services by appropriate cooperation. For example, you will immediately inform us of the necessary information, data, circumstances, conditions; provide us with documents, materials, items or access to fulfill the service; give us instructions immediately
and give us permissions and provide us with a competent contact person who will not be replaced. In particular, you are obliged to attend the agreed coaching sessions, consultations, courses or any other appointments and to ensure that the technical requirements for using our services via computer video are met (internet connection, camera, audio recording, PC/notebook). You must be authorized to carry out the aforementioned actions - in particular to provide or grant access - and in particular, no third-party rights or official regulations may be violated.
(2) If you are not authorized to provide, provide or transfer information in accordance with paragraph 1, for example because of violations of competition law, data protection law, trademark law or any violations of third-party rights or official regulations, this also constitutes a lack of cooperation. You confirm that you are authorized to carry out the corresponding actions. We will not carry out a corresponding review. You will indemnify us on first request against any claims made by third parties against us due to your lack of authorization and compensate us for any damage caused by the third party's claim, including any court costs and attorney's fees incurred for legal defense. Otherwise, the statutory provisions apply.
(3) Lack of, incomplete, damaging or unlawful cooperation – for example by communicating or providing incomplete, incorrect or unsuitable information, data, materials or documents – entitles us to terminate the contract, in the case of a contract with an entrepreneur even without affecting the agreed remuneration.
(4) If we suffer damage due to faulty cooperation, we are entitled to compensation. In this case, you also release us from all claims made by third parties in connection with incorrect cooperation carried out by you, at least due to gross negligence.
§ 9 Performance period, force majeure, obstacles to performance
(1) Unless otherwise agreed in individual cases, we are not bound by any deadlines or dates for the performance of the service. Service dates must be in writing.
(2) If we are prevented from providing the service due to the occurrence of unforeseeable, extraordinary events for which we are not responsible and which we were unable to avert despite exercising reasonable care in the circumstances of the individual case - regardless of whether they occurred at our company or at your company - (for example, operational disruptions, delays in the delivery of essential raw and auxiliary materials or in the performance of the contract by subcontractors, official interventions, industrial disputes, lockouts, operational disruptions of any kind in our company or in third-party companies, shortages of goods or similar, which are outside our sphere of influence and are not our responsibility), the service period applicable to us shall be extended to an extent that makes it possible to adequately fulfill the service obligation. If the service becomes impossible, we shall be released from the service obligation without you being entitled to withdraw from the contract or to claim damages. If such obstacles occur at your company, the same legal consequences shall also apply to your obligation to accept delivery. The contracting parties shall inform each other of such obstacles immediately.
(3) Impediments to performance which are not attributable to the risk area of a contracting party shall release the contracting parties from their performance obligations for the duration of the disruption and the extent of its effect.
§ 10 Lien
(1) Due to our claims, we acquire a lien on your items that come into our possession during the performance of the contract. It secures all claims that we have against you in connection with the legal relationship as a result of which we have acquired possession of the item.
(2) At your request, we will release the items subject to the lien at our discretion if the realisable value of the securities to which we are entitled exceeds the total claim to be secured by more than 20%.
§ 11 Communication
(1) To ensure quick and easy communication between users, communication generally takes place via email and the user's messenger services, such as WhatsApp. You agree that information may be sent to you by email, to your account on our platforms if available, by post or by other means.
(2) Shipping and communication are at your own risk. We are not responsible and are not liable for disruptions in the Internet network, for server and software problems of third parties or for problems of a postal or delivery service provider.
§ 12 Voucher
(1) A voucher can be redeemed with us within a period stated on the voucher, but no later than the end of the second year after the year in which the voucher was purchased. Subsequent offsetting is not possible. Only one voucher can be redeemed per order. The voucher can only be used for our direct services and not for the purchase of further vouchers. The service value must be at least equal to the amount of the voucher. Any remaining balance will not be refunded. Voucher credit will not be paid out in cash or bear interest. We can make payments to the respective holder with a discharging effect. This does not apply if we were aware or grossly negligently unaware of the respective holder's ineligibility, incapacity to act or lack of authority to represent.
(2) The voucher is personalized and non-transferable.
§ 13 Copyright and other rights
We own copyrights or other rights to all images, films, texts and other content protected by copyright or similar rights, in particular intellectual property rights, that are published on our website, our profiles on other websites, our social media profiles and all of our platforms. The use of images, films, texts and other rights is not permitted without our written consent.
§ 14 Data protection and data security
(1) We collect personal data from you and, if applicable, other data that you have provided us with or that we have obtained in the course of fulfilling the contract for the purpose of executing the contract and fulfilling contractual and pre-contractual obligations. The data collection and processing is necessary for the performance of the contract and is based on Article 6 (1) b) GDPR. We process it in accordance with the obligations of the GDPR. According to Section 5 (1) GDPR, personal data must essentially:
(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes (“purpose limitation”);
(c) adequate, relevant and limited to what is necessary for the purposes of the processing (‘data minimisation’);
(d) be accurate and, where necessary, kept up to date; all reasonable steps shall be taken to ensure that personal data which are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed (‘storage limitation’);
(f) be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures (‘integrity and confidentiality’).
(2) Data will generally not be transmitted to third parties unless there is an obligation to do so or if the performance of the contract or compliance with a statutory deadline makes data transmission necessary, for example if the data must be passed on in order to carry out a query by a third party provider that is necessary for the performance of the contract, your data is forwarded to a payment provider or subcontractors are used to help fulfil a service obligation towards you. In these cases, the service providers will often have a contractual relationship with you, so that they act on their own responsibility.
(3) As soon as data is no longer required for the purpose of its processing and if there is no longer a legal obligation to retain data, we will delete it. We retain your data when initiating our contractual relationship and when it is carried out. It may also be necessary to continue to retain data after our contractual relationship has been terminated. For example, invoice data (billing documents) must be retained for 10 years in accordance with Section 147 of the Tax Code. As long as a service provider carrying out work for us also has a contract with us to carry out your service, we remain obliged to retain the data in accordance with the agreed retention periods.
(4) You have the right to information, data transfer, deletion, correction, restriction or blocking of your personal data. In particular, you have the right to free information about all personal data. Your request can be sent to us. In addition, you have the right to appropriate administrative or judicial remedies or to appeal to a supervisory authority.
§ 15 Liability, indemnity and reimbursement of expenses
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise provided for in paragraph 3, we shall only be liable for breach of a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you as a contractual partner may regularly rely (so-called cardinal obligation), and shall be limited to compensation for foreseeable and typical damage. In all other cases, our liability is subject to the provisions in paragraph 3.
ausgeschlossen.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above and all other limitations and exclusions of liability, warranty or responsibility in these General Terms and Conditions and between us.
(4) You shall indemnify us, upon first request, against any claims made by third parties against us and/or our vicarious agents due to possible culpable breaches of the partner's obligations - in particular those arising from these General Terms and Conditions. You shall compensate us for any damage caused by the third party's claim, including any court and attorney fees incurred for legal defense. Otherwise, the statutory provisions shall apply.
(5) We shall be entitled to reimbursement of expenses which we considered necessary under the circumstances and which were not our responsibility, in particular any expenses incurred to protect the contractual goods, as well as to a reasonable remuneration customary in the area.
§ 16 Place of performance, applicable law, contract language and place of jurisdiction
(1) The agreed place of performance for all services under the contract is 73207 Plochingen.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If both you and we are merchants at the time the contract is concluded and you are domiciled in Germany at the time the contract is concluded, the exclusive place of jurisdiction is our domicile in 73207 Plochingen. In all other respects, the applicable statutory provisions apply to local and international jurisdiction.
(3) Unless otherwise agreed in writing, the contract language is German.
(4) With regard to disputes with consumers, the EU Commission has created an internet platform for online dispute resolution - the alternative dispute resolution according to the ODR Regulation and Section 36 VSBG. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr
Participation in a dispute resolution procedure before a consumer arbitration board is not mandatory and will not be undertaken by us.
§ 17 Final Provisions
(1) Changes and additions to these terms and conditions will be made in writing; we reserve the right to do so. Changes require that you are not unreasonably disadvantaged, that there is no breach of good faith and that the change is not objected to. In the event of a change, notification will be made via one of the communication channels - in particular by email - 2 months before it takes effect. The change will take effect if it is not objected to within this period - after this, the amended terms and conditions will become valid.
(2) We reserve the right to assign this contract to another company. It will become effective 1 month after we send you a notice of assignment via one of our communication channels - in particular by email. In the event of an assignment, you have a right of termination, which applies 1 month after receipt of the notice of assignment. All rights granted to us are also deemed to be granted to our legal successors.
(3) If individual provisions of these Terms and Conditions are invalid, the legal validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by an effective provision that comes closest to the intended economic purpose.