Terms and Conditions (T&C)
Of Ms. Monika Cardinal, doing business as “Smaranaa GmbH” commissioned by Monika Cardinal, Reitallee 10, 65307 Bad Schwalbach (hereinafter referred to as SMARANAA).
NOTE: The language of these Terms and Conditions is German. The translation is provided as a courtesy for purposes of information. In cases of legal dispute, the German version shall prevail.
Part 1: General terms
Sec. 1: General matters; subject of the contract
- SMARANAA provides webinars, seminars, and courses of instruction (hereinafter referred to as “course(s)”) and the opportunity to purchase goods encompassing aromatic substances, art prints, books, and other non-living items. Courses may be held online or in person or are made available for online retrieval (“self-study courses”).
(2) The following Terms and Conditions govern the business relationship between SMARANAA and its clients. The version valid at conclusion of the contract shall apply.
(3) Any natural person concluding a legal transaction for purposes that can be considered to primarily pertain neither to commercial nor to independent professional activities shall be considered a Consumer. Any natural person, legal entity, or corporate body capable of holding legal rights and duties which concludes a legal transaction in the exercise of its commercial or independent professional activities shall be considered an Enterprise for the purposes of these Terms and Conditions. Both Consumers and Enterprises are Clients for the purposes of these Terms and Conditions.
(4) Individual contractual agreements take precedence over these T&C. Other, competing, or supplemental T&C do not become part of the contract unless their applicability is expressly agreed to.
(5) In the case of ordering goods, the contract covers the purchase of the goods in exchange for remuneration. In the case of digital content, the contract covers the granting of use rights in exchange for remuneration. Unless agreed otherwise, these are subject to the terms of Part 2 of these T&C (“Special contractual terms for the purchase of goods and digital content”) in addition to the terms of Part 1.
In the case of the booking of an in-person or online course, this contract covers SMARANAA’s conducting the course as well as the Client’s participation in the course in exchange for remuneration. Unless agreed otherwise, these are subject to the terms of Part 3 of these T&C (“Special contractual terms for booking in-person and online courses”) in addition to the terms of Part 1 of these T&C.
Sec. 2 Offer/Conclusion of the contract
(1) The presentation of the courses and goods on SMARANAA’s website and/or in other media such as flyers, emails, etc. does not constitute an offer with legal effect. Rather, it constitutes an invitation for the client to make an offer with legal effect.
(2) Booking of courses or purchase of goods by the Client may be conducted through the website of SMARANAA. The Client’s order/booking constitutes a binding offer to enter into a contract for participation in the booked course or purchase of the ordered goods.
Order process
From the offers available, the Client may choose goods or seminars and place these into the so-called shopping cart by using the button “Shopping Cart.”
In the shopping cart, the Client can change the number of course participants or the number of desired products by using the “Amount” field. By entering “0,” the client can also delete the selected item.
The Client may also enter coupon codes here.
The button “Proceed to Checkout” directly initiates the process of ordering the products/seminars in the shopping cart at that time.
A new page opens where the Client can either activate their customer data previously registered with SMARANAA or register as a new customer. The Client can also order as a guest without creating a customer account.
A new page opens where the Client can enter their personal data. In addition, the Client can select the preferred method of payment. By clicking the button “Next”, the Client can continue the booking/ordering process.
On the following page, the Client can select the preferred shipping option.
After selecting the preferred shipping option, the Client can continue the order process by clicking the button “Next” and will be directed to a new page. On this page, the Client can select the preferred method of payment.
The Client can continue the order process by clicking the button “Next.”
On the following page, a summary of the Client’s order is presented. In addition, the instruction of the right of revocation and the Terms and Conditions can be viewed there. The Client cannot continue the booking/order process until he or she has confirmed acceptance of the Terms and Conditions and acknowledged the right of revocation by ticking the respective check boxes. The Client can print these T&C at any time using the “Print” dialogue of his or her internet browser.
On this page, the Client can also subscribe to the SMARANAA newsletter.
By clicking the button “Purchase now”, the client tenders a binding offer to conclude a contract covering participation in the seminars in the shopping cart and/or the purchase of the goods in the shopping cart.
Correcting input errors/Canceling the order process
At any time during the order process, the Client can correct previously input entries by clicking the “Back” button marked with a left-facing green arrow and making the corresponding change. Data entered as part of the order process can also be edited by using the “Back” function of the browser.
Closing the internet browser at any time cancels the entire order process.
(3) SMARANAA will acknowledge its receipt of the booking/order via an email to the Client without delay.
(4) If payment in advance or bank transfer is selected as the method of payment, the contract to purchase the goods/participate in a seminar does not come into effect with this order acknowledgment, but only with the sending of a separate email containing an order/booking confirmation or the sending of the goods/access data for the retrieval of the ordered goods. In the case of payment in advance/by bank transfer, SMARANAA has the right to accept, within two business days, the contract on offer.
In the case of payment through PayPal, the contract comes into effect with the Client’s payment instruction. For the contract to take effect, the order process must be concluded with the sending of the order.
(5) The contents of the contract are stored by SMARANAA and sent to the Client together with the T&C, included with legal effect, by email after the conclusion of the contract.
(6) If a minimum number of participants is required for a seminar, the contract is concluded under the provision that the minimum number of participants listed with the respective course is reached. If the minimum number of participants is not reached, the Client will be informed at the latest 5 days before the start of the course. In this case, SMARANAA reserves a right of revocation pursuant sec. 17(4) of these T&C.
Sec. 3 Remuneration / Payment options
(1) The listed prices and other fees are binding. The listed prices include statutory value-added tax (VAT). Additional shipping costs are summarized in the “Shipping and Payment” section at: https://www.smaranaa.eu/service/payment-methods/. Packaging costs are included in the shipping costs.
(2) Clients may pay by bank transfer/advance payment, credit card, or PayPal.
Sec. 4 Compensation and right of retention
(1) The Client has no right to compensation unless his or her claims have been legally recognized, acknowledged, or not contested by SMARANAA. The user’s right to compensation for contractual or other claims arising from the initiation or conclusion or this contract, as well as for claims to restitution after the revocation of the contract pursuant sec. 355 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) remain unaffected.
(2) The Client cannot exercise a right of retention unless his or her claim is based on the same contract.
Sec. 5 Copyright and use rights
- Unless other terms relating to copyright and/or use rights are specified in the Special contractual terms, this sec. 5 applies.
(2) All course contents, contents of mp3 files, and website contents of SMARANAA are protected by copyright.
(3) SMARANAA thus grants the Client the individual and non-transferable right to use the contents delivered by SMARANAA as intended in the contract.
This right of use encompasses the Client’s right to use, for personal purposes, contents made available in the context of the offerings of SMARANAA.
Unless expressly agreed otherwise, any use of contents made available by SMARANAA for purposes other than the client’s own private use is prohibited. In particular, the Client is prohibited from storing or copying said contents or parts thereof for use by third parties. In particular, such contents may not be used or passed on for use in (third-party) seminars.
(4) In any case of a violation of sec. 3, SMARANAA will cause the Client to receive a written warning at the Client’s expense and legally compel the Client to cease and desist such violation. SMARANAA expressly reserves the right to take further remedial steps.
(5) The contents of all contributions to the Smaranaa Messages partner program become subject to the copyright policy of Smaranaa GmbH upon publication. Even after termination of Smaranaa Messages, the copyright remains with Smaranaa GmbH indefinitely. Each participant undertakes to create his or her contributions pursuant to the currently valid Community Rules of the respective service or network.
Sec. 6 Legal right of revocation
In the case of consumer contracts, Consumers (i.e., any natural persons entering into a legal transaction for purposes which can be considered to pertain primarily to neither their commercial nor independent professional activities) can revoke their agreement to the contract under the following conditions.
(1) Instruction on right of revocation for the purchase of items (non-digital)
In the case of a contract covering one or more mailable goods that reach the Consumer in one shipment, are delivered separately, or reach the Consumer in several partial shipments or parts:
Instruction on right of revocation
Right of revocation
You have the right to revoke this contract within fourteen days without giving a reason.
The withdrawal period is fourteen days after you or a third party authorized by you who is not the carrier has taken possession of the last part of the goods.
To exercise your right of revocation, you must inform us (Monika Cardinal, doing business as Smaranaa GmbH I. Gr. commissioned by Monika Cardinal, Reitallee 10, 65307 Bad Schwalbach, Tel.: +49 (0)176 432 050 81, email: [email protected]) by means of an unmistakable declaration (such as a fax, email, or posted letter) of your decision to revoke this contract. To do so, you may make use of the attached revocation template, though this is not required.
For the revocation to fall within the withdrawal period, it is enough for the notification of revocation to be sent before the withdrawal period has elapsed.
Consequences of revocation
If you revoke this contract, we are obliged to return, without delay and at the latest within fourteen days of receiving your notice of revocation, all payments received from you, including shipping costs (excepting additional costs resulting from your choice of another shipping option other than the least expensive, standard shipping option offered by us). For this repayment we will use the same payment method you indicated in the original transaction unless expressly agreed otherwise with you; in no case will we levy surcharges for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided evidence that you have shipped the goods back to us, whichever is sooner.
You are obliged to return, without delay and under any circumstances at the latest fourteen days after notifying us of your revocation, the goods to us either through shipping or in person. This deadline is considered met if you ship the goods before the fourteen days have elapsed.
You bear the direct expense of the return of the goods.
You are not liable for any loss of value of the goods unless such loss of value is caused by handling the goods in any way that is not necessary to examine their condition, characteristics, and function.
(2) Instruction on right of revocation for purchase of digital contents
Instruction on right of revocation
Right of revocation
You have the right to revoke this contract within fourteen days without giving a reason.
The withdrawal period is fourteen days from the conclusion of the contract.
To exercise your right of revocation, you must inform us (Monika Cardinal, doing business as Smaranaa GmbH I. Gr. commissioned by Monika Cardinal, Reitallee 10, 65307 Bad Schwalbach, Tel.: +49 (0)176 432 050 81, email: [email protected]) by means of an unmistakable declaration (such as a fax, email, or posted letter) of your decision to revoke this contract. To do so, you may make use of the attached revocation template, though this is not required.
For the revocation to fall within the withdrawal period, it is enough for the notification of revocation to be sent before the withdrawal period has elapsed.
Consequences of revocation
If you revoke this contract, we are obliged to return, without delay and at the latest within fourteen days of receiving your notice of revocation, all payments received from you, including shipping costs (excepting additional costs resulting from your choice of another shipping option other than the least expensive, standard shipping option offered by us). For this repayment we will use the same payment method you indicated in the original transaction unless expressly agreed otherwise with you; in no case will we levy surcharges for this repayment.
Note on premature termination of the right of revocation:
In the case of a contract to deliver digital contents not on a physical data medium, the right of revocation is terminated prematurely if the business has already begun to perform the contract after the Consumer has
- expressly agreed that the business begin performing the contract prior to the end of the withdrawal period, and
- confirmed that the Consumer is aware that the right of revocation is terminated by agreeing with the performance of the contract.
(3) Instruction on right of revocation for booking courses (services)
Pursuant sec. 312g (2), sub-clause 9 of the BGB, does not exist for “contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or further services related to leisure activities, if the contract provides for a specific date or period of performance” (sec. 312g (2), sub-clause 9, German Civil Code in the official translation).
To the extent that SMARANAA therefore offers services in the area of leisure activities, in particular participation in courses and seminars with firmly agreed dates or in firmly agreed time periods, the right of revocation does not exist.
Instruction on right of revocation
Right of revocation
You have the right to revoke this contract within fourteen days without giving a reason.
The withdrawal period is fourteen days from the conclusion of the contract.
To exercise your right of revocation, you must inform us (Monika Cardinal, doing business as Smaranaa GmbH I. Gr. commissioned by Monika Cardinal, Reitallee 10, 65307 Bad Schwalbach, Tel.: +49 (0)176 432 050 81, email: [email protected]) by means of an unmistakable declaration (such as a fax, email, or posted letter) of your decision to revoke this contract. To do so, you may make use of the attached revocation template, though this is not required.
For the revocation to fall within the withdrawal period, it is enough for the notification of revocation to be sent before the withdrawal period has elapsed.
Consequences of revocation
If you revoke this contract, we are obliged to return, without delay and at the latest within fourteen days of receiving your notice of revocation, all payments received from you, including shipping costs (excepting additional costs resulting from your choice of another shipping option other than the least expensive, standard shipping option offered by us). For this repayment we will use the same payment method you indicated in the original transaction unless expressly agreed otherwise with you; in no case will we levy surcharges for this repayment.
If you have requested that the services begin during the withdrawal period, you are obliged to pay an appropriate remuneration corresponding to that part of the services already rendered up to the point at which you notified us of your revocation of this contract, compared to the overall extent of the services specified in the contract.
Note on premature termination of the right of revocation:
The right of revocation is terminated prematurely in the case of a contract to provide a service if the business has begun to perform the agreement after the Consumer has
- expressly agreed that the business begin performing the contract prior to the end of the withdrawal period,
- simultaneously confirmed that the Consumer is aware that the right of revocation is terminated by agreeing with the performance of the contract, and
- the business has fully performed the service.
(4) Revocation template
Revocation template
(To revoke the contract, please fill out this template and return it.)
- To Monika Cardinal, doing business as “Smaranaa GmbH i. Gr.” commissioned by Monika Cardinal, Reitallee 10, 65307 Bad Schwalbach, tel.: +49 (0)176 432 050 81, email: [email protected] - I/We (*) hereby revoke the contract entered into by me/us (*) for provision of the following services (*)
- Ordered on (*)/Received on (*)
- Name of the Consumer(s)
- Address of the Consumer(s)
- Signature of the Consumer(s) (only when submitted on paper)
- Date
______________
(*) Strike whichever is inappropriate.
Right of revocation
(4) Instruction on right of revocation for reduced-price goods, digital goods, and course booking (services)
The right of revocation applies only to damaged goods.
Sec. 7 Responsibility/No curative or medical claims
- The Client takes part in online or in-person courses or in self-study courses at his or her own responsibility.
In particular, the Client is obliged to ensure that the booked course is compatible with his or her physical and mental condition.
(2) SMARANAA offers no medical diagnoses or medical treatment. Accordingly, SMARANAA calls on each Client to seek out medical or psychotherapeutic treatment on their own responsibility.
In addition, SMARANAA reserves the right to direct Clients to medically trained specialists as needed.
For all applications such as memory regression, bio-energy therapies, anxiety and trauma resolution, and all other products and services offered on this site, no curative or medical claims are made. Additionally, each Client is hereby advised that no medical or psychotherapeutic diagnoses are offered. The goods or services do not replace a consultation with a medical specialist, psychologist, or psychotherapist.
Sec. 8: General liability limitations
(1) In cases of ordinary negligence, SMARANAA’s liability is limited to the average contractually typical foreseeable damage, as determined by the nature of the goods. The same is true in cases of ordinary negligence by SMARANAA’s legal representatives, agents in obligation, and/or vicarious agents. SMARANAA is not liable for ordinary negligence in breach of immaterial contractual obligations. However, it is liable for breach of material contractual legal positions of the Client. Material contractual legal positions are those which the contract, based on its contents and purpose, is intended to grant the Client. Furthermore, SMARANAA is liable for breach of obligations the fulfillment of which enables the lawful carrying out of the contract in the first place and on the fulfillment of which the Client may rely.
(2) The aforementioned limitations of liability do not apply to Client claims arising from warranties or product liability. Further, the limitations of liability do not apply in cases of fraudulent intent, the breach of material contractual obligations, nor in cases bodily or health impairments or the Client’s loss of life where attributable to SMARANAA.
(3) SMARANAA’s liability is limited to own contents on its website. To the extent that links enable access to other websites, SMARANAA is not responsible for the third-party content contained there. It does not take ownership of said third-party content. In the event that SMARANAA is informed of illegal content on external websites, it will remove access to these websites without delay.
(4) For booking of courses, explicit reference is made to sec. 7 of these T&C.
Sec. 9 Other terms
(1) The laws of the Federal Republic of Germany apply. For Consumers entering into the contract for reasons not related to professional or commercial reasons, this choice of legal venue applies to only the extent that the protections offered are not revoked by constraining provisions of the law of the state in which the Consumer usually resides. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply. Sections 21 and 11(6) no. 6
- The language of the contract is German. This translation is offered for purposes of information only; in cases of legal dispute, the German version shall prevail.
- With respect to online dispute resolution, we are required to inform you that the European Commission offers an online platform for resolving consumer complaints. This platform can be accessed through the following link: https://ec.europa.eu/consumers/odr. We are additionally required to inform you of our email address for this purpose. That email address is: [email protected].
We are neither required nor willing to participate in dispute resolution processes before a consumer dispute resolution office.
Part 2: Special contractual terms for the purchase of goods and digital content
Sec. 10 Delivery / Provision of items
(1) Depending on the order, the goods and/or digital contents ordered by the Client are sent to the Client by post or made available in electronic form by email or for downloading.
The Client is obliged to store the received/downloaded files in such a way that they are protected from access by third parties.
(2) SMARANAA provides goods and services within the European Union only.
(3) The time for delivery is indicated on the respective site of the item. The start of the delivery period (depending on the payment method selected) is determined by paragraphs 4–5 below.
(4) In the case of payment in advance/by bank transfer or PayPal, the delivery period begins one day after the payment order is carried out. In the case of all other payment methods, the delivery period begins one day after the order is placed.
(5) If the start or end dates of the delivery period falls on a Saturday, Sunday, or federal holiday, the start or end date moves to the following business day.
Sec. 11 Allocation of risk
(1) For contracts with Consumers, the risk of accidental destruction or accidental damage to the purchased goods is transferred to the Consumer with the delivery of the goods, including in cases of sales shipment.
(2) For contracts with Enterprises, the risk of accidental destruction or accidental damage to the goods is transferred to the Enterprise with delivery of the goods; in cases of sales shipment, the risk is transferred to the Enterprise with handover of the goods to the forwarder, carrier, or institution or person otherwise charged with conducting the shipment.
(3) Delivery is considered to have occurred even if the Client is delayed in accepting the goods.
Sec. 12 Retention of title
(1) For contracts with Consumers, SMARANAA retains the title to goods until the sale price has been paid in full. For contracts with Enterprises, SMARANAA retains the title to goods until all receivables from the ongoing business relationship have been paid in full.
(2) In the case of violation of the contract by the Client, in particular in cases of late payment or default, incorrect information from the Client as to creditworthiness, or if bankruptcy proceedings are initiated, SMARANAA reserves the right (after instituting a deadline where appropriate) to revoke the contract and demand return of the goods if the Client has not yet or not yet fully tendered remuneration.
Sec. 13 Use rights regarding digital content (“license”)
(1) The contents of the digital content offered by SMARANAA are protected by copyright.
(2) SMARANAA extends to the Client an indefinite, spatially unrestricted, non-exclusive, non-sublicensable, and non-transferable right (“license”) to use the ordered digital materials. The digital materials are provided solely for private, non-commercial use.
(3) Subject to the limitations of sec. 13 of these T&C, the license granted in sec. 13(2) applies especially to the reproduction, publication, dissemination, and/or alteration of the materials.
- The rights granted pursuant to sec. 13(2) come into effect only once the Client has paid the contractually owed remuneration in full. Notwithstanding the above, SMARANAA may also provisionally permit the Client to use the ordered digital materials before that time.
Sec. 14 Limitations on granting of rights
(1) The material made available shall be used for only those purposes indicated in the contract and only by the Client him- or herself.
(2) The Client is prohibited from using the provided material in any way that runs counter to these T&C, legal regulations, administrative orders, or common decency.
SMARANAA will follow up on information received about any such use and will institute appropriate steps after assessing the matter.
(3) The Client is prohibited from acts including but not limited to:
- Publishing the material and/or making it available online
- Passing on the material to third parties (whether free of charge or in exchange for payment)
- Failing to identify SMARANAA, or removing copyright or other property marks or other indications such as watermarks or logos of SMARANAA
- Using the works in a manner that is damaging, threating, abusive, harassing, defamatory, vulgar, or obscene, and/or in a manner that promotes hatred, bigotry, or racism or might otherwise cause harm to minors, including but not limited to use that is pornographic, glorifies violence, or otherwise endangers children or adolescents
- Acting, in connection with the work, in any manner that violates the rights of third parties, including but not limited to patents, trade- or service marks, copyright or ancillary copyright, trade secrets, personal rights, or property rights
Sec. 15 Warranty
Legal statues on liability for defects (warranty) apply.
Part 3: Special contractual terms for booking in-person and online courses
Sec. 16 Scope of services/Change in service
(1) Participation during the course days/at the course locations named in the offer are the sole matters covered by the course booked through SMARANAA.
(2) SMARANAA owes only the agreed activity, not the reaching of any particular personal health, spiritual, or economic result.
(3) SMARANAA is entitled to replace the intended trainer with other, similarly qualified (substitute) trainers where this becomes necessary in individual cases. The Client will be informed of this without delay.
Sec. 17 Booking cancellation and cancellation by SMARANAA
(1) The Client may cancel free of charge at any time up to 48 hours before the start of the course. The cancellation must be made to SMARANAA in writing (by mail, fax, or email).
If cancellation occurs fewer than 5 days prior to the start of the course, the client must pay 50% of the agreed remuneration. The Client is free to demonstrate that the provider’s actual damages are lower.
If cancellation occurs fewer than 3 days prior to the start of the course, or if the course is broken off before completion, the full participation fee must be paid. The Client is free to demonstrate that SMARANAA’s actual damages are lower.
(2) The cancellation fee is not charged if the Consumer can revoke his or her contract declaration pursuant sec. 6 of these T&C. For this case, refer to sec. 6 of these T&C.
(3) If a registered Client cannot participate, a substitute sent by the Client may participate, provided the substitute meets the personal requirements for booking the respective course. In this case, no additional costs are incurred.
(4) SMARANAA has the right to rescind the contract if the course cannot be held for reasons beyond the control of SMARANAA. In these cases, SMARANAA will notify the Client without delay of its rescission and will refund the Client’s seminar fee. An exception is the case of a festival for which another date is offered. In such a case, the fee is not refunded.
