AGB

The following English translation is provided for information purposes only. In case of discrepancies, the German version shall prevail.

§ 1 – Provider, Scope and Incorporation of the Terms and Conditions

In English – for information only

(1) The provider and contracting party for the services displayed on the website https://kirbanu.com is Nicole Kirbanu Klein, Langstraße 42A, 68169 Mannheim, E-Mail: hello@kirbanu.com (hereinafter “Provider” or “we”).

(2) These General Terms and Conditions (GTC) apply to all contracts between the Provider and the clients (hereinafter “Participants”), in particular for bookings of
– Live coachings (1:1 via Zoom),
– Live trainings (group formats via Zoom),
– Online video courses (self-paced digital content), and
– Live in-person events.

(3) Contracting parties may be both consumers within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB. A consumer is any natural person who enters into 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, acting in the exercise of their trade, business, or profession when entering into a legal transaction.

(4) Any conflicting or deviating terms and conditions of the Participant shall not apply unless their validity has been expressly agreed in writing.

(5) The contract language is German. Translations into other languages are provided for information purposes only. In case of doubt, the German version shall prevail.

(6) Note on the Distance Learning Protection Act (FernUSG): The services offered by the Provider do not constitute distance learning within the meaning of the German Distance Learning Protection Act (FernUSG). Live trainings take place in real time and are comparable to in-person seminars. Online video courses are fully self-directed, without monitoring of success, certification, or individual support. Therefore, approval under the FernUSG is not required.

§ 2 – Conclusion of Contract

In English – for information only

(1) The contract language is German.

(2) The presentation of services on the website, in flyers, on social media or in other channels does not constitute a legally binding offer, but an invitation to book.

(3) The contract is concluded when the Provider accepts the Participant’s booking, e.g. by confirmation via e-mail, invoice, written notice, or through the booking/ticketing system used. Bookings via telephone, messenger or social media channels may also lead to a contract if confirmed in writing by the Provider.

(4) For the processing of bookings and payments, the Provider partly uses the provider “Ablefy” (a brand of elopage GmbH, Erkelenzdamm 11–13, 10999 Berlin). The privacy policy of elopage GmbH can be found here: https://myablefy.com/privacy?locale=de.

(5) When booking via the online booking system https://myablefy.com, the Participant will receive an overview of the selected services and prices before submitting the order. At this point, the Participant has the opportunity to check and correct any input errors or cancel the booking altogether.

(6) The Provider stores the contract text in its electronic data processing system. The Participant receives the contract content with the confirmation e-mail. It is the Participant’s responsibility to save this e-mail for their own records.

§ 3 – Prices, Payment Terms and Due Date

In English – for information only

(1) All prices are total prices in Euros and include statutory VAT, unless otherwise stated. The prices valid at the time of booking apply.

(2) Invoices are generally sent by e-mail as PDF documents. The invoice amount is due immediately upon receipt of the invoice without deduction and must be paid to the Provider or via the booking system Ablefy (a brand of elopage GmbH).

(3) The Provider generally provides services only after payment has been received. For events and live trainings, participation is only possible after full payment or after receipt of the first instalment in case of agreed instalment payments.

(4) The following payment methods are available: bank transfer (prepayment), PayPal, credit card, as well as the payment methods indicated in the booking system https://myablefy.com. Payments may be collected by Ablefy on behalf of the Provider and forwarded to the Provider.

(5) Instalment payments are only possible if expressly agreed. In case of default on one instalment, the entire remaining amount becomes due immediately. In such cases, the Provider is entitled to block access to the booked services until outstanding amounts are settled.

(6) If the Participant is in default of payment, the Provider is entitled to charge statutory default interest and reminder fees. In the event of continued default, the Provider may initiate legal action. Any costs incurred shall be borne by the Participant.

(7) The Participant is not entitled to assert rights of retention or to offset against claims of the Provider, unless the counterclaim is undisputed or has been legally established.

(8) For services to Participants outside the European Union, additional taxes, duties or charges may apply, which must be paid by the Participant to the relevant tax or customs authority. The Provider has no influence on this.

(9) Discounts or special promotions are always voluntary, limited in time or quantity, and may be terminated by the Provider at any time without prior notice. There is no entitlement to the granting of specific discounts or promotions.

§ 4 – Formation of the Contract / Booking Channels

In English – for information only

(1) Bookings via E-mail or Phone:
For individual requests (e.g. 1:1 coachings, live trainings, or events), the contract is concluded as soon as the Provider confirms the Participant’s booking by e-mail or in writing. The Participant will also receive the invoice with this confirmation. The invoice amount is due immediately. Instalment payments are only possible if expressly agreed.

(2) Bookings via Website / Ablefy:
For online bookings via the website https://kirbanu.com or through the booking system Ablefy (a brand of elopage GmbH), the Participant goes through the following steps:
Selection of the desired product (e.g. course, coaching, event).

• Entry of personal data and selection of payment method in the booking system.
• Confirmation of the GTC and, where applicable, consent to waive the right of withdrawal if immediate access to digital content is granted.
• Submission of the binding offer by clicking the order button (e.g. “Buy now”).
• Acceptance of the offer by the Provider via confirmation e-mail. The contract is only concluded with this acceptance.

(3) Access Data and Usage:
Access data for online courses or trainings will be sent to the Participant by e-mail once payment has been received. For live coachings and events, the Participant will receive the necessary information (e.g. Zoom link or venue address) in due time before the start.

§ 5 – Digital Content and Online Access

In English – for information only

(1) Online courses and other digital content are provided exclusively electronically (e.g. by e-mail, via download link, or via the Ablefy booking system). There is no postal delivery.

(2) To access the content, a functioning internet connection and suitable device are required. Any costs charged by the network operator are borne by the Participant.

(3) Access to digital content is generally granted after payment has been received. If immediate access to online courses or digital products is provided, the Participant, as a consumer, must expressly consent to the Provider commencing the service before the withdrawal period has expired and acknowledge that this waives their right of withdrawal. Without this consent, provision shall only take place after the withdrawal period has expired.

(4) The Provider ensures reasonable technical availability of the digital content. However, short-term maintenance work or technical disruptions cannot be ruled out.

§ 6 – Scope of Services and Use

In English – for information only

(1) The specific scope of services is determined by the respective booked offer (e.g. coaching, training, online course, or event) and is described in the respective offer description. The contents valid at the time of booking apply.

1:1 Coachings and Live Trainings

(2) Coachings and live trainings take place – unless otherwise agreed – online via Zoom or a comparable platform. Duration depends on the booked offer.

(3) Sessions not attended by the Participant expire. There is no entitlement to rescheduling or refund. Repeated short-notice cancellations may result in no replacement sessions being offered.

Online Courses / Digital Content

(4) Online courses and other digital content are provided exclusively electronically (via e-mail, download link, or through the Ablefy booking system). No postal delivery will take place.

(5) Access data for online products is for personal use only and must not be shared with third parties. In case of misuse, the Provider reserves the right to block access.

(6) Unless otherwise specified, access to online courses is granted for 12 months from the date of booking. After this period, access ends automatically. An extension may be offered at an additional cost.

Events

(7) For live events, participation is only possible on the specified dates and at the specified location. Unless explicitly stated, events are not recorded.

(8) Tickets and registrations for live events are personal and strictly non-refundable. Transfer to a substitute participant is possible upon agreement with the Provider.

General Provisions

(9) If the Participant does not make use of certain content or services, this does not entitle them to a refund or reduction of the agreed fee.

(10) The Provider does not owe any specific success. Coaching and training serve as support and guidance but do not replace therapy or medical treatment.

§ 7 – Cancellation, Rebooking and Withdrawal

In English – for information only

General

(1) The statutory right of withdrawal for consumers remains unaffected (§ 8 of these GTC). After expiry of the withdrawal period or in the event of an express waiver, the following cancellation and rebooking conditions apply.

1:1 Coachings

(2) Agreed coaching sessions can be rescheduled or cancelled free of charge up to 24 hours before the start. In case of later cancellation or non-attendance, the session expires and the fee remains payable in full.

Live Trainings (Group Formats, Online)

(3) Cancellation is possible up to 14 days before the start of the training. Payments already made will be refunded minus a 20% administration fee. For later cancellations or non-attendance, no refund will be granted. Rebooking may be possible upon request.

Online Courses (Digital Content)

(4) As these are digital products, once the service has started (course access provided), there is no entitlement to cancellation or refund, provided the Participant has expressly waived their right of withdrawal beforehand.

Live Events (In-Person)

(5) Tickets and registrations for live events are generally non-cancellable and non-refundable. Transfer to a substitute participant is possible upon agreement with the Provider.

Cancellation by the Provider

(6) If the Provider has to cancel a session or event for important reasons (e.g. illness, force majeure), an alternative date will be offered or the participation fee will be refunded. No further claims exist.

§ 8 – Use of Third Parties / Subcontractors

In English – for information only

The Provider is entitled to engage suitable third parties (e.g. guest lecturers, musicians, technical service providers) to perform the services. Data protection regulations will be observed.

§ 9 – Reservation Fee

In English – for information only

For certain offers (e.g. trainings, retreats, live events), a reservation fee may be charged. This will be credited towards the total price but is non-refundable.

§ 10 – Contract Duration and Termination

In English – for information only

(1) The duration of an offer is set out in the product description.

(2) Both parties retain the right to extraordinary termination. This applies in particular if the Participant is repeatedly in default of payment, violates these GTC, or the relationship of trust is sustainably disrupted.

(3) In the event of extraordinary termination by the Provider, the Provider’s claim to payments already due remains unaffected.

§ 11 – Live Online Offers

In English – for information only

(1) For services taking place at a fixed time online via Zoom or a comparable platform, the Participant will receive the necessary access data after payment has been received.

(2) Access data is personal and may not be shared with third parties. In case of misuse, the Provider is entitled to block access.

(3) To participate in a live online offer, the Participant requires a stable internet connection and a suitable device (e.g. computer, tablet, or smartphone) with a working camera and microphone. The Provider accepts no responsibility for technical problems on the Participant’s side.

(4) Live online offers do not constitute distance learning within the meaning of the FernUSG.

(5) Recording of video or audio data by the Participant is not permitted.

(6) If a minimum number of participants has been specified and is not reached, the Provider may withdraw from the contract up to 6 p.m. on the day before the event. In this case, any fees already paid will be refunded. Further claims are excluded.

§ 12 – In-Person Events

In English – for information only

(1) In-person events take place at the date and location specified in the offer description. Changes to the venue within the same city or region are permissible if reasonable.

(2) Participation is only possible after full payment of the agreed fee.

(3) Photo, film, or audio recordings by participants are only permitted with the express consent of the Provider.

(4) If a minimum number of participants has been specified and is not reached, the Provider may withdraw from the contract up to five days before the start of the event. In this case, any fees already paid will be refunded. Further claims are excluded.

(5) Tickets for in-person events are personal, non-refundable, but may be transferred to a substitute participant upon agreement with the Provider.

§ 13 – Consumer Right of Withdrawal

In English – for information only

(1) Consumers are entitled to a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business, or profession.

(2) The withdrawal period is 14 days from the conclusion of the contract. The contract is concluded once the Participant has received the Provider’s confirmation e-mail.

(3) Special provisions:
Services (e.g. coaching, live trainings): The right of withdrawal expires if the Provider has fully performed the service and the Participant has expressly consented to the Provider beginning performance before the withdrawal period has expired. If partial services are provided within the period, the Provider is entitled to partial payment.

Digital content (e.g. online courses): The right of withdrawal expires if the Participant has expressly agreed that the Provider may begin provision before the withdrawal period expires and has acknowledged that this waives their right of withdrawal.

Tickets for live events: No right of withdrawal applies to contracts for services related to leisure activities (§ 312g (2) no. 9 BGB), in particular concert, retreat, or workshop tickets with fixed dates.

(4) The details of the right of withdrawal are set out in the separate Withdrawal Policy, which the Participant receives during the order process and which is available at any time on the Provider’s website.

§ 15a – Use of Training Content

In English – for information only

(1) Participants are permitted to integrate the exercises and methods taught in the trainings and advanced programs into their own professional practice (e.g. coaching, courses, workshops, or teaching) and to share them with clients.

(2) It is not permitted, however, to fully or partially copy, reproduce, or independently market the training concept, program structure, or original materials (e.g. videos, audio recordings, complete scripts, or documents) developed by the Provider.

(3) The brand name SomaVoice® is legally protected. Use in a commercial context is only permitted with the express written consent of the Provider.

§ 16 – Notes on Coaching and Trainings

In English – for information only

The Provider’s offerings are not psychotherapy or medical treatment and do not replace such services. Participation requires normal psychological and physical resilience. No specific result is owed. The implementation of the content is solely the responsibility of the customer.

§ 17 – Liability and Limitation of Liability

In English – for information only

(1) The Provider is fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

(2) In the event of negligent breach of essential contractual obligations, the Provider is only liable for the foreseeable damage typical for the contract. Liability for minor negligence is otherwise excluded.

(3) Liability for the constant availability of online services or for technical malfunctions on the customer’s side is excluded.

(4) The above limitations of liability also apply in favor of the Provider’s agents and subcontractors.

§ 18 – Force Majeure

In English – for information only

Events of force majeure (e.g. natural disasters, pandemics, official orders, technical failures beyond the Provider’s control) release the Provider from the obligation to perform for the duration of the disruption. If such events last longer than 6 months, either party may terminate the contract. Services already provided must be compensated.

§ 19 – Confidentiality and Community Protection

In English – for information only

(1) Both parties undertake to maintain confidentiality with respect to confidential information. This also applies to information shared in group programs about other participants.

(2) The Provider’s trade secrets, concepts, and know-how may not be disclosed or used without prior consent.

§ 20 – Final Provisions

In English – for information only

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the customer’s country of residence remain unaffected.

(2) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/  The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(3) Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.