Terms and Conditions
(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between us, CATS PROFESSIONALS LIMITED, and you as our customer in relation to our programs and services, including those concluded by telephone (e.g., Skype, Zoom, telephone) or in text form. The GTC apply only if you are a consumer.
(2) All agreements made between you and us in connection with the contract are based in particular on these terms and conditions, our order confirmation (if provided in writing) and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be decisive.
(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
(1) We offer our customers (mostly) online-based coaching and consulting services in the area of species-appropriate handling of cats. The services are provided in a standardized or customized manner, depending on the offer. There is no entitlement to achieve a specific personal success for the customer. The respective service description is derived directly from our offers.
(2) Our programs and services are usually booked using remote communication means, but this is not limited to such means.
(3) With regard to the content of a coaching, service, and/or consulting contract entered into with us, we are entitled to a right to determine the service in accordance with § 315 BGB (German Civil Code).
(4) The customer must ensure that the technical requirements for CATS PROFESSIONALS LIMITED's consulting services are always met on the customer's side. If the customer does not meet these requirements, CATS PROFESSIONALS LIMITED's claim to remuneration remains unaffected.
(1) The presentation and advertising of our services on our websites, in brochures, or in advertisements (e.g., on Facebook) does not constitute a binding offer to conclude a contract with us.
(2) The contract between us and the customer can be concluded by telephone (video chat, telephone, etc.), in writing, or in text form. If the contract is concluded by telephone, we will provide the customer with an order confirmation upon request. If the contract is concluded by telephone, you can correct your details at any time by simply notifying your contact person.
(3) Contracts between us and the customer are concluded by telephone through mutual declarations of intent.
(4) We will immediately confirm receipt of your orders and requests submitted via email, our websites, or video chat by email. Such an email does not constitute a binding acceptance of the order unless it declares acceptance in addition to confirming receipt. In the case of a video chat, our declaration of acceptance may already be made directly during the conversation with you.
(5) If the service you have ordered cannot be provided—for example, for technical reasons—we will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded. We will inform you of this immediately and, if necessary, refund any payments already received without delay.
(6) The contract language is English.
(7) The offer/contract text will not be stored by us after conclusion of the contract and is therefore not available to the customer. Exceptions apply to contracts concluded by telephone or video chat, provided that we store the recording. We will inform you of this separately if necessary.
(1) We are entitled to provide our services in parts, provided this is reasonable for you and corresponds to the purpose of the contract.
(2) The duration of our consulting services will be agreed individually with the customer.
(1) All prices quoted to you are gross prices including statutory sales tax, if applicable. There are no shipping costs.
(2) The provider is entitled to commission a third-party company based within the EU to process the payment on behalf of the customer.
(3) Payment for our services is generally due in full upon conclusion of the contract, unless otherwise agreed in an individual contract with the customer.
(4) You can transfer the amount owed to one of our specified accounts or give us a (SEPA) direct debit authorization. If a (SEPA) direct debit authorization has been granted, we will arrange for your account to be debited when the payment is due.
(5) If you choose the SEPA direct debit payment method, you are obliged to send us a written SEPA direct debit mandate signed by you immediately after placing your order. This will be provided to you by us upon request.
(6) The customer will receive an invoice for the services booked.
(1) Until our remuneration has been paid in full, you shall have no right to use our course materials (videos, eBooks, PDFs, etc.), unless otherwise agreed. Reproduction and/or disclosure to third parties is only permitted with our prior express consent.
(2) We hold the copyright to all images, films, and texts published on our websites. Use of the images, films, and texts is not permitted without our express consent and will be prosecuted by us under civil and criminal law in the event of violation.
(1) We shall be liable for material defects or defects of title in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code) – insofar as relevant.
(2) Any seller's warranties given by us shall be in addition to the claims for material defects or defects of title within the meaning of paragraph 1.
(1) The customer is obliged to take our interests into account when submitting reviews and comments on social media. In particular, the customer may not publish/disseminate any untrue factual claims or defamatory criticism about us and our programs.
(2) If the customer participates in our communities and groups (e.g., on Facebook), they are also obliged to protect our interests there. We are entitled to temporarily or permanently exclude the customer from participating in communities and groups if the customer violates or impairs our interests within the group/community (e.g., through statements that are damaging to our business).
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise specified in paragraph 3 – for breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(1) Contracts with us have a fixed term agreed individually between the parties. Early termination during the contract term is excluded. Contracts are not automatically renewed.
(2) Terminations must be made in writing to be effective.
(3) The right to extraordinary termination remains unaffected at all times.
Consumers within the meaning of § 13 BGB (German Civil Code) have a right of withdrawal in the case of distance contracts, about which we inform them by sending them a notice in the form of a PDF file.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(1) All deliveries, services, and offers provided by CATS PROFESSIONALS LIMITED are based exclusively on these General Terms and Conditions. These are an integral part of all contracts that CATS PROFESSIONALS LIMITED concludes with her contractual partners (hereinafter also referred to as “customer”) for the deliveries or services she offers. They also apply to all future deliveries, services, or offers to the customer, even if they are not separately agreed again.
(2) The terms and conditions of the customer or third parties do not apply, even if Kerstin Schwarz does not separately object to their validity in individual cases. Even if CATS PROFESSIONALS LIMITED refers to a letter or email that contains or refers to the terms and conditions of the customer or a third party, this does not constitute agreement with the validity of those terms and conditions.
(1) CATS PROFESSIONALS LIMITED offers her clients coaching and consulting services in the area of species-appropriate handling of cats. Unless expressly agreed otherwise in writing, Kerstin Schwarz does not guarantee the client a specific outcome.
(2) The client must always perform the actions required of them in full and on time upon first request. If the customer fails to cooperate and thereby prevents CATS PROFESSIONALS LIMITED from providing her services, CATS PROFESSIONALS LIMITED's claim to remuneration remains unaffected.
(3) With regard to the services to be provided by CATS PROFESSIONALS LIMITED to the customer, CATS PROFESSIONALS LIMITED is entitled to determine the nature of the services in accordance with § 315 BGB (German Civil Code). When providing consulting services under the main contract, CATS PROFESSIONALS LIMITED is generally free to determine the place and time. However, Kerstin Schwarz will take the customer's business needs into account as far as possible, provided that the services are not provided online.
(4) CATS PROFESSIONALS LIMITED is entitled to have services owed to the customer performed by vicarious agents/subcontractors and third parties. The customer's approval is not required in this regard.
(5) The customer shall ensure that the technical requirements necessary for CATS PROFESSIONALS LIMITED's consulting services are always met on the customer's side. If the customer does not comply with these requirements, Kerstin Schwarz's claim to remuneration shall remain unaffected.
(1) The contract between CATS PROFESSIONALS LIMITED and the customer may be concluded by telephone, in writing, or in text form.
(2) Upon verbal conclusion of the contract, the customer shall receive an order confirmation at the request of Kerstin Schwarz, which, however, is not constitutive for the conclusion of the contract.
(1) The prices quoted and communicated by CATS PROFESSIONALS LIMITED are binding. The prices quoted are gross prices and include statutory sales tax.
(2) Payment for CATS PROFESSIONALS LIMITED's services is due immediately upon issuance of the invoice. Payment for CATS PROFESSIONALS LIMITED's services is generally due upon conclusion of the contract, unless CATS PROFESSIONALS LIMITED's offer states otherwise. A (SEPA) direct debit authorization granted to Kerstin Schwarz shall also apply to the further business relationship until revoked.
(3) If SEPA direct debit is agreed, the customer must issue CATS PROFESSIONALS LIMITED with a written SEPA direct debit mandate after conclusion of the contract. The template in the appendix to these GTC shall be used for this purpose.
(4) CATS PROFESSIONALS LIMITED shall issue the customer with a proper invoice showing sales tax (if necessary, through vicarious agents).
(5) In the event that agreed direct debits cannot be collected from the customer's account and a chargeback occurs, the customer is obliged to transfer the amount owed to CATS PROFESSIONALS LIMITED within three working days of the chargeback and to bear the costs incurred by the chargeback.
(6) Offsetting against counterclaims is only permissible on a reciprocal basis if the other contracting party has recognized the offset or if it has been legally established. The same applies to the exercise of a right of retention by one of the contracting parties.
(1) The contract shall have the minimum term individually agreed between the parties.
(2) Any free termination rights of the customer are excluded.
(3) Terminations must be made in writing to be effective.
(4) The right to extraordinary termination remains unaffected at all times.
(1) Deadlines for the provision of services by CATS PROFESSIONALS LIMITED shall not commence before CATS PROFESSIONALS LIMITED has received the invoice amount.
(2) If the customer is in arrears with due payments, CATS PROFESSIONALS LIMITED reserves the right to refrain from providing further services until the outstanding amount has been settled.
(3) If the customer is in arrears with at least two payments to CATS PROFESSIONALS LIMITED in the case of installment payments, CATS PROFESSIONALS LIMITED is entitled to terminate the contract extraordinarily and to discontinue the services. CATS PROFESSIONALS LIMITED will claim the entire remuneration due until the next regular termination date as compensation.
(1) CATS PROFESSIONALS LIMITED shall perform the agreed services in accordance with the offer with the necessary care. CATS PROFESSIONALS LIMITED is entitled to make use of the assistance of third parties without restriction.
(2) If CATS PROFESSIONALS LIMITED is prevented from providing the agreed services and the reasons for this prevention originate from the customer's sphere, Kerstin Schwarz's claim to remuneration remains unaffected.
(1) The customer must ensure that they behave towards CATS PROFESSIONALS LIMITED in the manner expected of a reputable busines sperson. We reserve the right to pursue any unlawful and/or inappropriate or unfounded statements about our company and our services, whether made by customers, competitors, or other third parties, in particular untrue factual claims and defamatory criticism, under civil law and, in addition, to file criminal charges without prior notice.
(2) When participating in our programs and services, the customer must promote their smooth progress in terms of content and ensure this by behaving in a commercially appropriate manner towards us and the other participants. However, if the customer impairs the operation of our programs and services through inappropriate behavior, we will request the customer once to remedy the impairments. In the event of a repeat offense, we are then entitled to temporarily or permanently exclude the customer from our programs and services. Our claim to remuneration in these cases remains unaffected.
Entrepreneurs and merchants are not entitled to a right of withdrawal in distance selling. CATS PROFESSIONALS LIMITED does not grant such a right on a contractual basis either.
(1) The customer shall receive a simple and permanent right of use with regard to the work and service results created and made available by CATS PROFESSIONALS LIMITED.
(2) Paragraph 1 shall apply exclusively subject to the proviso that the customer has paid CATS PROFESSIONALS LIMITED the remuneration due under the main contract in full.
(3) If payment by installments has been agreed, the right of use referred to in paragraph 1 shall only be transferred to CATS PROFESSIONALS LIMITED upon full payment of the last installment, unless otherwise agreed individually.
(4) The transfer of the work and service results to third parties (including affiliated companies) is excluded. The same applies to processing in accordance with § 23 UrhG (German Copyright Act).
(1) CATS PROFESSIONALS LIMITED shall only be liable for damages—regardless of the legal basis—in cases of intent and gross negligence. In cases of simple negligence, CATS PROFESSIONALS LIMITED shall only be liable
a) for damages resulting from injury to life, limb, or health,
b) for damages resulting from the breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage.
(2) Within the limits set out in paragraph 1, CATS PROFESSIONALS LIMITED is not liable for data and program loss. Liability for data loss is limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risk. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.
(1) The customer assures that when passing on personal data to CATS PROFESSIONALS LIMITED, they will comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
(2) If CATS PROFESSIONALS LIMITED is to process data on behalf of the customer (order processing), a separate agreement (in writing) shall be concluded between the parties, which shall be remunerated separately.
(1) Deviations from these General Terms and Conditions are only effective if they have been agreed in writing. Individual agreements made with the customer in individual cases, including collateral agreements, supplements, and amendments, shall in any case take precedence over these General Terms and Conditions. A written contract or written confirmation from CATS PROFESSIONALS LIMITED shall be decisive for the content of such agreements.
(2) The law of the Federal Republic of Germany applies exclusively. The place of performance is the registered office of Kerstin Schwarz. The exclusive place of jurisdiction for disputes arising from the business relationship between Kerstin Schwarz and the customer is the registered office of CATS PROFESSIONALS LIMITED.