Terms and conditions & legal delimitation
scope
(1) These General Terms and Conditions (GTC) apply to the business relationship between the customer and Michaela Mayr, hereinafter referred to as nutrition trainer.
The legal transactions can come about by phone, email, contact form, messenger, or via the website.
(2) The sale of digital products is handled by elopage, a shop provider. Since the customer buys his product via this platform and it is also made available via this platform, the terms and conditions of namotto and elopage also apply. These terms and conditions supplement the terms and conditions of namotto and elopage.
(3) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text has priority in the event of any differences in linguistic usage.
(4) These terms and conditions apply exclusively. Conditions that contradict or deviate from these terms and conditions used by the customer are not recognized by, unless we have expressly agreed to their validity in writing or in text form.
Please read the terms and conditions carefully before concluding a deal. By using the service of the nutrition trainer, you expressly agree to the contents of the terms and conditions, among other things.
The performance
The subject of the assignment is the provision of an agreed service, but not the achievement of a certain physical or mental success. The commissioned services are deemed to have been provided when the necessary analyzes and services have been carried out and any questions that may arise have been clarified. In its own interest, the customer undertakes to provide all information (personal details, nutritional protocols and health status) truthfully and completely. The service is provided by a qualified nutrition trainer and includes the following services:
Information relating to food composition, meal preparation and planning
Cooking recipes and cooking instructions
Lectures
personal nutrition training
Shopping coaching
Online course "Happy (es) eating"
Protection of property
The customer observes and is responsible for ensuring that analyzes / documents prepared by the nutrition trainer as part of the lecture or nutrition training are only used for their own purposes. These are the property of Michaela Mayr and may not be put online, made accessible to the public in any other way or passed on to third parties. The person to be trained receives the irrevocable, unrestricted, exclusive and non-transferable right to use the results.
liability
All work and services are carried out with the greatest care and in accordance with general knowledge of the industry and recognized nutritional principles. Despite the greatest care, no guarantee can be given for the correctness and completeness of the information. The success of nutrition training lies to a large extent outside the nutrition trainer's sphere of influence and depends to a large extent on the cooperation of the customer. This service is about helping people to help themselves. Liability for any kind of damage, including consequential damage or negative effects, whether of a psychological or physical nature, resulting from the service or the use of the information published on this website, is excluded. The information provided is in no way a substitute for medical treatment by the doctor and must not be understood as such. Likewise, these do not constitute medical advice and in no way replace medical diagnosis, advice and treatment by the doctor and must therefore in no way be understood as such.
Confidentiality
The nutrition trainer takes absolute confidentiality for granted and is obliged to treat all information of the person being trained as strictly confidential. The duty of confidentiality also applies after the end of the nutrition training.
Terms of payment
The service is billed in cash before use or immediately afterwards.
Payment options for the online course are payment by credit card, advance payment or instant transfer.
a) Visa MasterCard: By clicking on “Continue with credit card” you can save your data via a more secure connection and complete the order with the “Buy now” button. A desolation is then made to the respective credit institution.
Before completing the order, you give your consent to the storage and processing of your data and your consent to the terms and conditions of elopage, these terms and conditions and the right of withdrawal by clicking on the respective box. You will find all texts linked there. You also have to agree that you waive your right of withdrawal.
Finally, click on the “Buy now” button and submit a binding offer. With this you are offering elopage the conclusion of a purchase contract for online course booking.
Immediately after sending you will receive a confirmation email from elopage with the access data for your course. At that moment the contract was concluded. If you already have an elopage customer account, you can log in with your data. The course will then be added to your account.
Delivery to digital products
It is about access to digital products.
(1) If you pay in advance, there may be a delay in the delivery of the product. If you pay by credit card, you will have immediate access to your product.
(2) You will receive the access data for your digital product by email or via your elopage account area after registration. You can download the product using this link.
(3) The login data (user name, password, etc.) you provide during registration must be kept secret and not made accessible to unauthorized third parties. Above all, please make sure that you choose a secure password.
(4) Please ensure that access to and use of chargeable products using your user data is only carried out by you or authorized users. If there are facts that justify the assumption that unauthorized third parties have gained knowledge of your access data, you should inform us immediately so that we can block or change it.
(5) We can block your access temporarily or permanently if there are concrete indications that you are violating these terms and conditions and / or applicable law, or if we have another legitimate, significant interest in blocking. When deciding whether to block, we will take your legitimate interests into account appropriately.
(6) Entitlement to access only exists after payment for the digital product has been made.
Collection, storage and processing of your personal data
(1) To carry out and process a booking for the online course, we need the following data from you:
- E-mail address
- First and Last Name
- Address details (for invoicing)
For some of our products we use the provider "elopage" for order processing, who also uses the data provided for order processing. You can view the data protection declaration here: https://elopage.com/privacy
(2) If you want to create a customer account, elopage needs the data mentioned under paragraph 1 and a password of your choice.
(3) Without your separate consent, we use the data you provide exclusively to fulfill and process your order (s), for example to deliver goods to the address you have given. When paying by bank transfer, elopage also uses your bank or credit card details to process the payment. Any further use of your personal data for purposes of advertising, market research or for the needs-based design of further offers requires your express consent.
(4) Without setting up a user account, elopage will only save the data you have provided within the framework of tax and commercial law obligations.
(5) If you change your personal information, you are responsible for updating it. You can make the changes via elopage. You will either be provided with a link in the purchase confirmation or you can contact support: support@elopage.com.
Cancellation conditions
Appointments are made in person, by email or by phone. If the customer is unable to keep the appointment, a cancellation is possible up to one day before the appointment without cancellation costs. After that, the appointment must be charged in full.
Right of withdrawal for consumers for online products
(1) As a consumer, you have a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(2) The withdrawal period begins with the conclusion of the contract. The contract is concluded the moment you receive confirmation of the booking of the product from us.
(3) With digital products there are the following special features with regard to the right of withdrawal: a) If a digital product (e.g. an online course, an e-book, an audio file, etc.) is purchased and you receive / receive the entire content directly , you waive your right to object. We refer to this directly BEFORE completing the order, with the following formulation: The general terms and conditions of Michaela Mayr apply. The 14-day right of return does not normally apply to digital goods.
(4) The individual analysis (personal support) has the following special features with regard to the right of withdrawal:
a) If the individual analysis is purchased, you waive your right to object.
b) We refer to this directly BEFORE completing the order, with the following formulation: "I hereby waive my right of revocation to the extent that the service is already being performed directly."
Prices, terms of payment and due dates for online products
(1) An invoice for the online course is always sent to you by email in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and is to be paid to us within 7 days.
(2) Access to the respective offers is made dependent on a previous receipt of payment. In the case of payment by invoice, activation can only take place once the amount has been credited to our account.
(3) If the customer defaults on payment or is otherwise in default, we are entitled to refuse performance or delivery until all payments due have been made. In addition to default interest in the legally determined amount, the customer must pay EUR 5.00 (consumer) or EUR 40 (flat reminder fee for entrepreneurs) for each reminder from us. We are furthermore entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage that may arise. These rights apply without prejudice to any other contractually agreed or statutory rights and claims on our part.
(4) In some cases we also offer payment in installments. The total amount is increased compared to a full payment. An early termination of an agreed installment payment agreement is possible by means of early repayment - you have the right to pay the full amount (but then the increased installment amount) at any time before the agreed period has expired, in part or in full.
(5) For late payments, both for purchase on account and for purchase in installments, as well as for payment by means of SEPA basic direct debit, default interest in the agreed amount as well as costs for appropriate reminders will be incurred. If the internal dunning process is unsuccessful, we can hand over the outstanding claim to a lawyer for collection. In this case, you may incur costs for legal representation.
(6) If a Sepa direct debit mandate you have given is terminated without a legal reason, you will have to pay legal advice in addition to the bank fees for return debits. Such an approach can also result in criminal penalties.
(7) If we have agreed on payment in installments and you do not pay after a reminder in text form and a grace period, we are entitled to terminate the payment in installments early and the entire amount still open will then be due immediately.
(8) You are not entitled to assert or set off a right of retention against payment claims from us; unless it concerns undisputed or titled counterclaims.
Guarantee
The nutrition trainer endeavors to carry out all work with the greatest care and in compliance with general knowledge of the industry and in compliance with generally recognized nutritional principles. All information and analyzes are carried out to the best of our knowledge and belief. The nutrition trainer does not guarantee the content of such information. The success of the nutrition training is largely beyond the control of the nutrition trainer and depends largely on the cooperation of the person to be advised.
All content on this website are copyrighted. Texts, images, graphics, sound, animation and videos are protected by copyright and other protective laws. The content may not be copied, distributed, changed or made accessible to third parties for commercial purposes. Any use, especially storage in databases, duplication, distribution, processing and any form of commercial use as well as transfer to third parties - even in parts or in revised form - without the consent of the operator or the author is prohibited.
Since the Austrian health industry increasingly confused the definition of the individual trades and the clear demarcation between the activities of the nutrition trainer and the nutritionist, I would like to use the following excerpts to refer to my field of activity as a dipl. Clearly point out the nutrition trainer:
As a qualified nutrition trainer, I provide information, clarify and help you develop skills and abilities to optimize your diet.
Nutrition trainers help to encourage people on their way to creating a new nutritional awareness - based on the latest scientific findings - by passing on information and to teach them about a healthy lifestyle.
Nutrition trainers also deal with general habits or problem areas in the classroom (also by answering questions), so that interested parties can decide on their own diet based on the general information given and adjust it with the prospect of continuous improvement.
(Source: Univ. Prof. Dr. Dr. Martin Stieger, Professor for Vocational Education and Training)
Training means preparing for a competition, practicing a skill or “getting in top form”. A one-to-one training or individual tuition as part of a training course covers exactly this activity. According to the current legal situation, individual training or individual instruction with regard to the legal activity of the nutrition trainer is permitted and justified according to the wording of the law. The legislature does not depend on whether training is held for groups or training for individuals. It is therefore not a suitable criterion to differentiate between nutritional advice and nutrition training. Rather, what matters is the content of the actually performed service provision and whether it is such permissible activities.
Nutrition trainers are allowed to give lectures - this also in the form of individual lessons - and offer shopping services as well as cooking practice. The nutrition trainer may also carry out this activity in the context of individual lessons in the sense of the freedom to provide services, at least on healthy patients. Nothing else applies to the nutrition of children or nutrition during sporting activity or intolerance, etc. In doing so, he can also take into account special individual situations and needs in a permissible and justifiable manner, to the extent and to the extent that the nutrition trainer here only knowledge is collected or made available which is generally accessible to everyone else anyway or which everyone has learned in school. Any analytical activity in relation to clinical pictures or other "healing" is strictly forbidden. It is essential that the nutrition trainer is only allowed to train healthy people!
(Source: http://www.urfahraner-anwaelte.at/Rechtsgutachten.pdf)
Insofar as such a training course teaches the participants how to apply (implement) this knowledge and these skills, this is part of the knowledge transfer and no advice has yet been given.
(Source: definition according to WKO)