General Terms and Conditions
1. General
1.1. These General Terms and Conditions (GTC) contain the terms and conditions that apply exclusively between us, GINA'S LAB, Gina Marie Hudson, Kantstraße 80, 10627 Berlin, Germany (hereinafter "Provider" or "we"), and consumers or entrepreneurs (hereinafter "Customers") for the purchase of the digital content and services offered.
1.2. The version of the GTC valid at the time the contract is concluded shall apply. General Terms and Conditions of Customers that conflict with or deviate from these GTC shall not become part of the contract without the express consent of the Provider. Consent shall not be deemed to have been given by the mere fact that we accept orders, provide services or refer directly or indirectly to documents or communications containing or referring to the General Terms and Conditions of the Customers or third parties with knowledge of the Customers’ General Terms and Conditions. Changes to these terms and conditions shall be communicated to the Customers in text form.
2. Conclusion of contract
2.1. The presentation of the products and services offered does not constitute a binding offer by the Provider. Only the ordering of a digital product or digital service by the Customers constitutes a binding offer in accordance with Section 145 BGB.
2.2. After submission of the offer and acceptance by the Provider, the Customers will receive a confirmation e-mail with further information about their order.
2.3. During the order process, the Customers have the opportunity to correct their entries. Before completing the order process, the Customers receive a summary of all order data and have the opportunity to check their entries.
3. Privacy policy
3.1. For the purpose of order processing and quality assurance, personal data of the Customers such as name, address, e-mail address, telephone number, order content including exchanged e-mails and documentation of order processing is processed. The data can only be viewed and processed by authorized persons.
3.2. If further data is required, a separate consent of the Customers is required.
3.3. The Customers have the right to revoke this consent at any time without giving reasons with effect for the future. An email to info@ginaslab.com is sufficient for this purpose.
3.4. The lawfulness of the processing carried out on the basis of the consent up to the time of revocation shall not be affected by the revocation.
4. Terms of payment and due dates
4.1. Payment is due immediately upon placing the order, unless otherwise agreed. Payment for digital products and services shall be made using the means of payment provided.
4.2. The prices stated at the time of the order shall apply. Prices may change over time. This also applies if a subscription has been canceled and is later renewed.
4.3. The Provider facilitates connections to payment service providers. The Provider serves only as an intermediary. The moment the Customers select a specific payment service provider, the Customers also accept its terms of use and data protection provisions.
4.4. Payments for subscriptions are due based on the payment option selected at checkout. Payments for non-subscribed services are due in advance.
4.5. On the due dates of the payments, ablefy, as the platform for payment processing, will issue an invoice to the Customers.
5. Term and termination of online products and services
5.1. There are two subscription options for the POWERFUL SINGER PROGRAM
5.1.1. The first option is a monthly payment with a minimum term of six months. After that, the subscription can be canceled independently by the Customers each month using the button on the profile on the ablefy website before the next payment is due.
5.1.2. The second option is an annual payment. The subscription can be canceled independently by the Customers each year before the next annual payment is due using the button on the profile on the ablefy website.
5.2. Unless otherwise agreed, the duration of a session is 60 minutes. The number of individual sessions depends on the scope of services agreed in advance. The exact dates and times of the individual sessions shall be jointly agreed by the Provider and the Customers on the basis of the agreed coaching program. The Provider waits a maximum of 10 minutes for the Customers to appear in the online session. If the Customers do not attend the booked session by then, the full amount of the service will still be due and charged.
5.3. After the end of the subscription, the Customers lose access to the video library and access to all live stream events.
6. Delivery of products and services
6.1. The products and services shall be made available to the Customers either as a download, by email or via suitable online platforms.
6.2. The content of digital products, in particular downloadable course content, etc., shall be made available to the Customers immediately after completion of the order and payment process, unless otherwise agreed in individual cases. Digital services, e.g. live stream events, video conferences, etc., shall take place at the agreed times.
6.3. The Provider shall contact the Customers by email and automated order processing. The Customers shall ensure that the email address they provide is correct.
7. Shipping conditions
7.1. The ordered goods are shipped in accordance with the agreements made. The shipping costs incurred are listed in the product description and are shown separately on the invoice.
8. Images, recordings, copyright & personal rights
8.1. It is not permitted to download videos, documents or files or to record conversations, live stream events or similar without the consent of the Provider. The Customers may only use the copyrighted videos, documents and files provided for private purposes. These may not be reproduced. The content may not be passed on to third parties or reproduced for third parties unless the Provider has given its consent in individual cases.
8.2. The Customers agree that images or recordings may be used, reproduced or otherwise distributed or published by or on behalf of GINA'S LAB, directly or indirectly, for any purpose, including but not limited to advertising and/or promotional purposes, in any manner and at any time requested by GINA'S LAB, without any compensation or notification or consent from the Customers. The Customers agree to indemnify and hold GINA'S LAB, its employees and agents harmless from any claim, demand or cause of action that the Customers may have now or in the future for, among other
things, defamation, libel, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or in connection with the use of the images or recordings. The Customers will be informed before publication.
8.3. The Customers hereby agree that all live group coaching calls, master classes, workshops and other bonus trainings or live call events will be recorded and made available to all customers for replay.
8.4. Customers who participate in live stream events or similar as guests and not as members of the subscription product will not have access to the recordings.
8.5. The rights to the scripts, documents, workbooks, videos, files, etc., which are made available to the Customers, shall remain exclusively with the Provider. The Customers are not permitted to reproduce them and/or make them accessible to third parties without the Provider's consent.
9. Offline-Events
If the Customers purchase a ticket for an offline event, the following rules apply:
9.1. We endeavor to carry out our events in the best possible way. However, in the event of compelling organizational or economic reasons for which the Provider is not responsible, the Provider reserves the right to cancel an event, even at short notice. In this case, the organizer will inform the Customers immediately and rebook the tickets for a subsequent event. Cancellation costs against which the Customers could have insured themselves (ticket insurance, travel cancellation insurance, etc.) will not be reimbursed under any circumstances.
9.2. In the event of force majeure or official cancellation of the event, the Provider shall not be liable.
9.3. Liability for cancellation or rebooking fees for means of transportation or accommodation booked by the Customers is excluded.
10. Revocation
If the Customers are consumers, they have a right of withdrawal. The right of withdrawal expires prematurely at the time when the coaching/live stream event/session begins, provided that this time is before the end of the statutory withdrawal period. Further information on the right of withdrawal and, if applicable, on its premature expiry in the event of immediate use of the digital products and services ordered can be found in the Provider's withdrawal policy.
11. Warranty
11.1. The purchase of digital products is subject to the statutory warranty rights of §§ 327i ff. BGB.
11.2. If the digital product is defective, the Customers may, if the statutory requirements are met
11.2.1. demand subsequent performance in accordance with § 327 para. 1 BGB,
11.2.2. withdraw from the contract in accordance with Section 327m (1), (2), (4) and (5) BGB or reduce the price in accordance with Section 327n BGB and
11.2.3. claim damages in accordance with Section 280 (1) or Section 327m (3) BGB or compensation for futile expenses in accordance with Section 284 BGB.
11.3. To ensure that the digital product remains in accordance with the contract, the Provider undertakes to provide updates to the product within the provision period if these prove necessary.
12. Limitation of liability
12.1. The Customers are responsible for the creation and realization of their own physical, mental and emotional well-being, their own decisions, choices, actions and results. The Customers agree that the Provider shall not be liable for any acts or omissions or for any direct or indirect results of the products and services offered by the Provider.
12.2. The Provider shall be liable for intent and gross negligence. Furthermore, the Provider shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the Customers may regularly rely. In the latter case, however, the Provider shall only be liable for foreseeable damage typical of the contract. The same applies to breaches of duty by vicarious agents. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected by this.
12.3. The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We do not participate in dispute resolution proceedings before a consumer arbitration board.
12.4. The above limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents of the Provider, insofar as they are involved.
12.5. If the Provider is liable in accordance with 12.2. for the breach of a material contractual obligation without gross negligence or intent, the amount of liability shall be limited to the typical and foreseeable damage.
12.6. In the event of liability for the loss of data and programs and their restoration, the Provider shall only be liable to the extent that this loss could not have been avoided by reasonable precautionary measures on the part of the Customers, in particular the proper and regular creation of backup copies of all data and programs, or restoration would not have been possible with reasonable effort.
12.7. Claims for defects against the Provider, including its employees and vicarious agents, shall generally become time-barred one year after they arise. This shall not apply to claims for damages.
12.7.1. which are based on intentional or grossly negligent breaches of duty or
12.7.2. arising from injury to life, limb or health, or
12.7.3. in the event of fraudulent concealment of a defect or the assumption of a guarantee for the quality, or
12.7.4. under the Product Liability Act.
13. Final provisions
13.1. The place of performance for the obligations arising from this contract shall be the registered office of GINA'S LAB.
13.2. Amendments or additions to these terms and conditions must be made in writing. This shall also apply to the waiver of this written form requirement.
13.3. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the Customers have their habitual residence shall remain unaffected.
13.4. If the Customers act as merchants, legal entities under public law or special funds under public law with their registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider.
13.5. Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract. The invalid provision shall be replaced by the contracting parties by mutual agreement with a legally valid provision that comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply mutatis mutandis in the event of loopholes.
