General Terms and Conditions
1. General
1.1 These General Terms and Conditions (“GTC”) apply to all purchases of coaching services, online programs, digital content, and related services offered by Christian Malarciuc, Neckarstraße 18, 40219 Düsseldorf, Germany (“Provider”, “we”, “us”).
1.2 Customers may be consumers or entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
1.3 The version of these GTC valid at the time of purchase applies.
2. Services and Offers
2.1 We offer coaching services, including but not limited to individual coaching sessions, coaching packages, online programs, digital resources, live video calls, and related support services.
2.2 The exact scope, duration, price, and content of each offer are described on the respective offer page or checkout page.
2.3 Coaching is a personal development and support service. It is not therapy, medical treatment, legal advice, financial advice, or a guarantee of any specific result. The Customer remains responsible for their own decisions, actions, and implementation.
3. Conclusion of Contract
3.1 The presentation of our offers on our website or checkout pages does not constitute a legally binding offer. By completing the checkout process and placing an order, the Customer submits a binding offer to purchase the selected service or product.
3.2 The contract is concluded once we accept the order, usually by sending an order confirmation by email or by providing access to the purchased service, product, or booking process.
3.3 During the checkout process, the Customer has the opportunity to review and correct their information before submitting the order.
3.4 The contract may be concluded in English or German.
3.5 The Customer is responsible for ensuring that the email address provided during checkout is correct and that emails from us can be received.
4. Payment
4.1 Payment is due immediately upon purchase unless otherwise agreed.
4.2 Available payment methods are shown during the checkout process.
4.3 The prices shown at the time of purchase apply. Where applicable, prices include statutory VAT.
4.4 For payment plans, the Customer agrees to pay all instalments according to the selected payment schedule. The obligation to pay the full agreed price remains unless a statutory right of withdrawal or another agreed cancellation right applies.
5. Coaching Sessions, Packages and Scheduling
5.1 Coaching sessions usually take place online via Zoom or another agreed video conferencing tool.
5.2 The Customer is responsible for booking and attending sessions at the agreed time.
5.3 If the Customer needs to reschedule a session, they should inform us as early as possible. The specific rescheduling and cancellation rules for the purchased offer may be stated on the offer page, checkout page, confirmation email, or coaching agreement.
5.4 Unless otherwise stated, missed sessions or cancellations at short notice may be non-refundable and may not be rescheduled. This does not affect any statutory consumer rights, including the right of withdrawal where applicable.
5.5 For coaching packages, unused sessions must be used within the timeframe stated in the offer description or otherwise agreed in writing.
6. Digital Content and Online Materials
6.1 If the Customer purchases or receives digital content, worksheets, recordings, meditations, course materials, or other online resources, these are provided electronically by email, download, member area, or another suitable digital method.
6.2 The Customer receives a simple, non-exclusive, non-transferable right to use the provided materials for personal purposes only.
6.3 The Customer may not copy, reproduce, share, sell, publish, distribute, or make the materials available to third parties without our prior written permission.
7. Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us:
Christian Malarciuc
Neckarstraße 18
40219 Düsseldorf
Germany
Email: mail@christianmalarciuc.com
by means of an unequivocal statement, for example by letter or email, of your decision to withdraw from this contract.
You may use the model withdrawal form below, but this is not required.
If the contract was concluded online, you may also be able to use the electronic withdrawal function provided through the checkout platform or online interface. After submitting a withdrawal through such an electronic function, you should receive a confirmation of receipt.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs if applicable, except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us.
We will make the reimbursement without undue delay and no later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.
Services started during the withdrawal period
If you expressly request that we begin providing a paid service before the end of the withdrawal period, you may be required to pay a reasonable amount for the services already provided up to the time you inform us of your withdrawal.
If the service has been fully performed before the end of the withdrawal period, and you have expressly requested that we begin providing the service before the withdrawal period ends and confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract, your right of withdrawal may expire once the service has been fully performed.
8. Model Withdrawal Form
Complete and return this form only if you wish to withdraw from the contract.
To:
Christian Malarciuc
Neckarstraße 18
40219 Düsseldorf
Germany
Email: mail@christianmalarciuc.com
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ():
Ordered on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) only if this form is submitted on paper:
Date:
(*) Delete as appropriate.
9. Warranty Rights
9.1 Statutory warranty rights apply.
9.2 For digital products and digital content, the statutory provisions for digital products apply where applicable.
10. Liability
10.1 We are liable for intent and gross negligence.
10.2 In cases of slight negligence, we are liable only for breaches of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible and on whose compliance the Customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.
10.3 The above limitations of liability do not apply in cases of injury to life, body, or health, or where liability is mandatory by law.
11. Copyright and Intellectual Property
11.1 All materials, methods, worksheets, recordings, texts, videos, meditations, and other content provided by us are protected by copyright unless otherwise stated.
11.2 The Customer may use these materials for their own personal development only.
11.3 Any sharing, publication, reproduction, resale, or commercial use requires our prior written consent.
12. Online Dispute Resolution and Consumer Arbitration
The European Commission provides a platform for online dispute resolution. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Final Provisions
13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection laws of the country in which the consumer has their habitual residence remain unaffected.
13.2 If the Customer is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction is our registered office.
13.3 If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected.