General Terms and Conditions (GTC)
1. Subject
The company Der Bewegungsberater Philip Irgang (hereinafter referred to as Bewegungsberater) offers services, mainly counselling, in the areas of nutrition, health, exercise, rehabilitation, prevention, etc. These canbe purchased online, among other goods.
The GTC constitute the agreement between the movement consultant and the person in charge (hereinafter referred to as a client) for the employmentand the use of the service(s) and goods.
2. Minimum age
In principle, a minimum age of 18 years applies. Younger clients require a written consent form of at least one legal guardian.
3. Formation of the purchase contract
By clicking on the "Pay" button and the recognition of the GTC, a valid sales contract is concluded. Within 24 hours, the client will receive a booking confirmation and, if applicable, an invoice for deposit by e-mail.
4. Payment
The Bewegungsberater accepts payments in the following ways:
cash
Invoice
Mastercard, Visa, Maestro, V-Pay and Samsung/Apple/Google-Pay (Contactless Procedure)
Twint
5. Late payment / Dunning fees
In case of late payment (invoice or partial payment), a dunning fee of 30.- CHF per dunning level will be charged.
6. Validity
Bought Credits for Services have a validity depending on the size of the package (0-21 months). After expirartion of the validity period without full redemption, any remaining balance will be forfeited. A withdrawal or refund is excluded. In the event of an early (before the expiry of the validity period) new purchase of another credit package, previous remaining balance can be integrated into the new term.
The use of the app-based service(s) is linked to consulting bookings and is possible up to four weeks after the last consultation booking. Subsequently, the access authorization expires until a further advisory service management has been used.
7. Appointment booking
Appointment booking is only possible if appropriate credit has been purchased in advance. Booked appointments can be cancelled free of charge up to 24 hours in advance. Cancellation or non-show within 24 hours prior to the appointment will result in a fully paid booking.
8. Delays
In the event of delays on the part of the client, there is no entitlement to compensation. If the deadline density allows, the movement consultant makes every effort to enable compensation.
For Group Trainings, the reservation expires at the beginning of the course. The place may be allocated to a waiting list participant and participation may be impossible. The credit will still be debited, see Appointment booking.
9. Termination
To terminate an abonnement, cancel at least three weeks in advance of termination date. E-Mail, Mail or cancellation through the website are accepted.
10. Changes to the offer
The Bewegungsberater can vary all parts of the offer at any time. Changes to, e.g. group fitness lessons (content, local or public), mobile app offer, prices or the like do not lead to a reduction or a refund of payments made.
11. Failure of lessons
Failure to teach leads to reductions or refunds of payments made. Credits already used for the failed lesson(s) will be credited back and will be available for further bookings.
12. Limitation of Liability / Exclusion of Liability
The Bewegungsberater is expressly released from any liability with regard to accident, illness or injury, unless there is a gross violation of safety measures by him. Insurance cover is a matter for the client. Likewise, the client undertakes to provide truthful and complete indication of medical risk factors and medications, if known, in order to enable an assessment of the optimal load size and to prevent possible injury.
In case of doubt, a declaration of fitness for fitness must be obtained by a doctor.
The risk of physical activity or a restricted diet is borne by the client.
13. Use of personal data
Der Bewegungsberater works with the software and mobile apps of Virtuagym B.V., Microsoft, wix.com Ltd., Google LLC in order to be able to offer an optimal service. Client data in the areas of tracking, nutrition, coaching, booking, member management and invoicing are processed, stored and analyzed as part of the need for an optimal service. This has the purpose of achieving the set goals of the client and to improve the offer of the movement consultant.
In the event of an agreed instalment payment and a delay in payment, the movement consultant is entitled to forward the collected data to a debt collection company.
In addition, all data collected will be treated confidentially in order to protect the privacy of the client.
14. Applicable law
This agreement is exclusively the subject of Swiss law. The place of jurisdiction is Zurich.
15. Severability clause
Should any provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract.
16. Changes
These General Terms and Conditions may be changed by the Bewegungsberater at any time. The updated version comes into effect by publishing it on the website.
Stand, Jan 2022