(1) The following General Terms and Conditions (hereinafter referred to as GTC) apply to all legal transactions between

iMellan GmbH

St. Sebastian 17, 84405 Dorfen | Germany

[MY NU WAYS! Programs and MY NU WAYS! Coaching & Consulting are brands of iMellan GmbH.]

and you as a consumer or entrepreneur (hereinafter referred to as “customer” or “buyer”).

All offers are addressed to both entrepreneurs (hereinafter referred to as “entrepreneurs”) and consumers (hereinafter referred to as “consumers”), including for all future business relationships, even if they are not expressly agreed again.

A consumer is any natural person who enters a legal transaction for purposes that are predominantly outside their trade, business or profession.

An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering a legal transaction, acts in exercise of his or its trade, business or profession.

Legal transactions may be concluded by telephone, email, contact form, messenger or via the website.

(2) The language available for the conclusion of the contract is exclusively English. Translations into other languages are for your information only. The English text shall take precedence in the event of any differences in language usage.

(3) These GTC shall apply exclusively. iMellan GmbH shall not recognize any terms and conditions used by the Customer that conflict with or deviate from these GTC unless iMellan GmbH has expressly agreed to their validity in writing or in text form.

(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany if

a) you have your habitual residence in Germany,

b) you book a service/purchase a product as an entrepreneur,

or

c) your habitual residence is in a country that is not a member of the European Union.

(2) In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), and you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence that are more favorable to the consumer shall remain unaffected.

(3) The version of these GTC valid at the time of the order shall apply. The status of the GTC can be found at the beginning of the document.

(4) The prices valid at the time of booking a coaching session, an online course or a package booking apply.

(5) If certain discounts or special offers are advertised, these are limited in time or quantity. There is no entitlement to them.

iMellan GmbH provides all services described below exclusively based on these General Terms and Conditions.

Deviating terms and conditions of the Buyer shall not become part of the contract even if iMellan GmbH does not expressly object to their validity.

Depending on the content description of the Seller, the subject of the contract may be both the one-off provision of digital content and the regular provision of digital content (hereinafter “Subscription Contract”).

In the case of a subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.

(1) The subject matter of the contract is the following services:

a) 1:1 coaching. mentoring and consulting

b) Online programs and online courses

c) Workshops

d) Digital products such as templates/workbooks or downloads

(2a) In 1:1 coaching (mentoring & consulting) we clarify individual issues.

(2b) The group online program/online course begins individually or at a fixed time communicated via this website. Access to the internal program area (member area) will be activated immediately after your booking and receipt of payment.

(2d) Digital products can be accessed directly after purchase, e.g., by download or via an internal area. The download file will be sent directly after payment is received, or access to the internal area will be activated immediately after your booking and payment is received.

(3) The sale of digital products is processed via the payment provider thrivecart.com (hereinafter “online shop”). As the customer purchases their product via this platform and it is also made available via this platform, the GTCs of thrivecart.com (https://legal.thrivecart.com/platform/terms/) also apply and are supplemented by my GTCs.

1) The presentation of the goods and services offered in the online shop is not a binding offer by the seller. It is the customer’s ordering of goods or services that constitutes a binding offer.

(2) The seller initiates contact via email and automated order processing, or by dispatching the goods. It’s crucial for the customer to ensure the accuracy of their provided email address. Any changes must be promptly communicated to the seller in writing to avoid any potential issues.

(3) In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in time and place, to use the digital content provided for private and business purposes. The content may not be passed on to third parties or reproduced for third parties unless the Seller has given prior written authorization. iMellan GmbH is entitled to reject contractual offers without stating reasons. The contract shall be concluded in English.

(4) The trademarks and logos listed on the documents enjoy protection under copyright law. The buyer is obliged to use the documents and files to which he has access only within the scope expressly permitted here or permitted by mandatory statutory provisions, even without the seller’s consent, and to prevent unauthorized use by third parties. This shall continue to apply after the end of the consultation.

(5) Forms of use that are permitted based on mandatory statutory provisions are, of course, excluded from this reservation of consent.

(6) The information provided in the consulting/coaching sessions are recommendations for action. The buyer is responsible for implementing these recommendations. A certain success cannot be promised.

(7) The Documents provided by the seller are general templates. These templates are to be adapted and then completed for the Buyer’s purposes. No liability is assumed for their completeness and up-to-datedness.

(8) The legal transactions can be concluded by telephone or video call, by e-mail, by messenger (Instagram, Facebook, TikTok, etc.) or via the website.

(9) Offer: With the booking, the conclusion of a consulting contract is bindingly offered. The buyer agrees to have read and accepted these GTC, which can be viewed on the website.

(10) Acceptance: The contract is concluded upon receipt of the booking confirmation by the seller in text form by e-mail.

(1) The purchase price is due immediately upon ordering. Payment for the goods or services shall be made using the payment methods provided in the online shop.

(2) The prices stated at the time of the order shall apply.

(3) The customer may only offset the seller’s claims against undisputed or legally established counterclaims or counterclaims that are ready for judgment.

(4) Payment can be made by invoice as a one-off payment or by monthly instalments (split payments).

(5) The payment options available to you are payment by credit card or payment via PayPal.

a) PayPal: By selecting the payment method “PayPal” and confirming “Buy now” you will be redirected to the PayPal log-in page. After successfully logging in, your address and account details stored with PayPal will be displayed. Payment is processed via PayPal under their terms and conditions. The provider of the service is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

b) Visa MasterCard: By clicking on “Continue with credit card”, you can decide whether you want to pay with your credit card or with Apple Pay. If you select ‘Pay by credit card’, you can enter your details via a secure connection and complete the order by clicking the “Buy now” button. If you decide to pay with Apple Pay, you can also enter your details via a more secure connection and complete the order by clicking the “Buy now” button. In both cases, a connection to the respective bank will be established. If you select the payment method with a credit card and Apple Pay, payment is processed via the provider Stripe: Stripe Payments Europe, Limited (SPEL) 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland.

(6) Before completing the order, the buyer gives his consent to the storage and processing of his data and his consent to these GTC, the right of cancellation and the data protection declaration by clicking in the respective boxes. All texts are linked there. They must also agree to waive your right of cancellation.

(7) Finally, the buyer clicks on the “Buy now” button and thereby submits a binding offer to the seller. The buyer thereby offers the seller the conclusion of a purchase contract for the booking.

(8) Immediately after sending the offer, the buyer receives a confirmation email from the seller. At this moment, a contract is concluded between the buyer and the seller.

(9) Before bindingly submitting the order via the seller’s online order form, the buyer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalizes the ordering process.

(10) Order processing and contact are usually carried out by e-mail and automated order processing. The buyer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. When using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

(11) For digital products and online course access, there may be delays in delivery by e-mail or in the sending of access data, depending on the payment method selected. The program is set up so that the digital products/online course accesses are only sent once payment has been received.

(12) The possible payment methods may vary per product.

(13) An invoice is always sent to the buyer by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to the seller within 7 days.

(14) If the Buyer is in default of payment or otherwise in arrears, the Seller shall be entitled to refuse performance or delivery until all payments due have been made. In addition to default interest at the statutory rate, the Buyer shall pay € 5.00 (consumer) or € 40.00 (flat-rate reminder fee for entrepreneurs) for each reminder sent by the Seller. Furthermore, the seller is entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights shall apply without prejudice to other contractually agreed or statutory rights and claims on our part.

(15) In some cases, payment by instalments is also offered. The total amount is increased compared to a full payment. Early termination of an instalment payment agreement is possible through early repayment—the buyer has the right to pay the full amount (but then the increased instalment payment amount) in part or in full at any time before the expiry of the agreed period.

(16) Interest on arrears in the agreed amount, as well as costs for appropriate reminders, shall be incurred for late payments, both for purchase on account and purchase in instalments, and for payment by SEPA core direct debit. If the internal dunning process is unsuccessful, the seller may hand over the outstanding claim to a lawyer for collection. In this case, the Buyer may incur costs for legal representation.

(17) If a SEPA direct debit mandate issued by the buyer is cancelled without legal reason, the buyer must pay not only the bank charges for returned direct debits but also the costs of legal advice. In addition, such a procedure can also have consequences under criminal law.

(18) If the buyer does not pay the agreed instalment payment after a reminder in text form and setting a grace period, the seller is entitled to terminate the instalment payment prematurely, and the entire outstanding amount is then due immediately.

(1) The ordered goods shall be dispatched in accordance with the agreements made. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.

(2) Digital goods are made available to the buyer in electronic form, either as a download, as a login in the online shop, website or by e-mail.

(3) The buyer receives access to online programs and digital products upon receipt of payment.

(4) The login data (username, password, etc.) provided by the buyer during registration must be kept secret by the buyer and not made accessible to unauthorized third parties. A secure password should be chosen.

(5) The buyer must ensure that he exclusively accesses and uses chargeable products using their user data. The disclosure of user data is prohibited. If facts justify the assumption that unauthorized third parties have gained knowledge of their access data, the buyer must inform the seller immediately so that the seller can block or change it.

(6) The Seller may temporarily or permanently block the Buyer’s access if there are concrete indications that the Buyer is violating or has violated these GTC and/or applicable laws or if the Seller has another justified, significant interest in blocking the access. The justified interest of the buyer shall be considered appropriately when deciding on a blocking. In this case, the Buyer shall not be entitled to a refund or any further claims.

(7) A claim to access only exists after payment for the digital product has been made.

(1) A consulting & coaching session lasts 60 minutes.

(2) The c consulting & coaching session takes place either 1:1 or in a mastermind group of up to 8 – 12 people.

(3) Unless otherwise agreed between the parties, the consulting & coaching sessions will take place either on-site at the premises of iMellan GmbH, or online via Microsoft Teams (alternatively Zoom, or Skype) and/or WhatsApp or Telegram.

(1) Counselling and/or coaching is based on cooperation and mutual trust. A consultation/coaching is a voluntary, active and self-responsible process in which a certain success cannot be promised and is not owed.

(2) The buyer is fully responsible for his physical and mental health both during the session and in the phase between appointments. All measures that he may take as a result of the consulting and coaching are their own responsibility.

(3) The buyer is responsible for his own state of health. If they have a mental illness or has been diagnosed by a doctor, they are obliged to ask their doctor whether coaching may be useful. The seller reserves the right to cancel the consulting and coaching in such cases.

(1) The scope of services depends on the respective consultation.

(2) If a consultation is cancelled by the seller, e.g. due to illness, this appointment will be rescheduled.

(3) If the buyer cancels an appointment, it depends on the time of cancellation whether we make up for the consultation/coaching or whether it lapses.

(1) A coaching appointment can be cancelled free of charge up to 48 hours before the appointment.

(2) 50% of the fee is due if the appointment is cancelled between 48 days and 24 hours before the appointment.

(3) In the event of cancellation from 24 hours before the appointment, the full amount is due.

(4) If coaching/counselling is cancelled by the buyer, the full fee will be retained unless a medical certificate is provided.

(5) Cancellation must be made in writing.

(1) The seller is entitled to cancel a group mentoring/coaching program, even at short notice, if not enough participants have registered.

(2) The seller is also entitled to cancel 1:1 or group mentoring like the Connect 360 Power Cluf if the speaker falls ill at short notice and no replacement can be provided.

(3) In cases 1 and 2, the buyer will be refunded the participation fee. Further costs incurred by the buyer will not be covered.

(4) If the Buyer acts in breach of contract by violating these General Terms and Conditions, the Seller has the right to exclude the Buyer from the mentoring/coaching program. This is particularly the case if the buyer disrupts the course of the coaching/mentoring and does not desist even after being requested to do so. In this case, no costs will be refunded.

The seller undertakes to maintain confidentiality regarding all buyer’s confidential information for the duration of the counselling and after the end of the consultation/coaching.

(1) As a consumer, the buyer is entitled to a right of cancellation in accordance with the instructions listed in the appendix. A consumer is any natural person who enters a legal transaction for purposes that are predominantly outside his trade, business or profession.

(2) The cancellation period begins with the conclusion of the contract, which is concluded when the buyer accepts the seller’s offer. The buyer can cancel his booking free of charge within 14 days, and the dispatch of the corresponding form is sufficient to meet the deadline. The seller points out that the buyer waives his 14-day right of cancellation if the seller is to start providing the service immediately or if the buyer receives immediate access to a program/online course.

(3) The separate cancellation form and refund terms can be found here.

If the delivered goods or services are defective, the buyer shall be entitled to the statutory warranty claims. The limitation period for warranty claims for the delivered goods is two years for consumers and one year for entrepreneurs from receipt of the goods or services.

(1) The Seller shall be liable for intent and gross negligence. Furthermore, he shall be liable for the negligent breach of obligations, the fulfilment 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 Buyer may regularly rely. In the latter case, however, the seller shall only be liable for foreseeable damage typical of the contract. They shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. 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.

(2) According to the current state of technology, data communication via the Internet cannot be guaranteed to always be error-free and/or available. In this respect, the seller is not liable for the constant and uninterrupted availability of the online offer.

(3) All of the aforementioned limitations of liability also apply to our vicarious agents.

(1) These terms and conditions are complete and final. Amendments and additions to these terms and conditions should be made in writing to avoid ambiguities or disputes between the parties about the agreed content of the contract – whereby e-mail is sufficient.

(2) Any disputes arising out of or in connection with these GTC or the contract shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Erding/Germany.

(3) The European Commission provides a platform for online dispute resolution (OS), which the buyer can find at the Internet address: http://ec.europa.eu/consumers/odr. The seller does not participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individually provisions of this contract be invalid, 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 which comes closest to the economic sense and purpose of the invalid provision. The scope of services agreed in the provision shall then be adapted to the legally permissible extent. The above provision shall apply accordingly in the event of loopholes.

(5) These GTCs may be amended if there is an objective reason for the amendment. This may be, for example, changes in the law, changes in case law, or changes in economic circumstances. The Seller shall inform the Buyer of the planned changes after being informed. The Buyer has a 14-day right of cancellation in good time.