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Terms Of Service

 

1. General

1.1. These General Terms Of Service contain the terms between us, Andreas Kern, Dilloffstr. 12, 35066 Frankenberg (Eder), Germany (hereinafter referred to as “Andy Kern”, “Inspirator”, “Expert”, “Consultant”, “Mentor”, “Creator”, “seller”, “we” or “us”) and a consumer or entrepreneur (hereinafter referred to as “customer” or “client”) exclusively applicable conditions for the purchase of the goods and services offered, insofar as these are not covered by written agreements be modified between the parties.

1.2. A consumer within the meaning of these General Terms Of Service is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these Terms Of Service is a natural or legal person (business-owner or self-employed person) or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. The Service “Actualizing Creator Program” is owned and offered by Andreas Kern (hereinafter referred to as “Andy Kern”, “Inspirator”, “Expert”, “Consultant”, “Mentor”, “Creator”, “seller”, “we” or “us”). By ordering our Service and making a legal transaction (on stripe.com or checkout.stripe.com), you agree to be bound by these Terms Of Service and to use our Service in accordance with these Terms Of Service, our Privacy Policy, our Refund Policy and any additional Terms Of Service that may apply to specific sections of the Site or to products and services available through the Site or from www.andy-kern.com.

1.4. We reserve the right to change these Terms Of Service or to impose new conditions on use of this Service, from time to time, in which case we will post the revised Terms Of Service on this website. By ordering our Service after we post any such changes, you accept the Terms Of Service, as modified.

 

2. Conclusion of Contract

2.1. The presentation of the goods and services offered does not constitute a binding offer by the seller. Only when the customer orders goods or services does a binding offer constitute a binding offer. If the seller accepts the purchase offer, he sends the customer an Order confirmation by E-Mail.

2.2. After submitting the offer and successfully completing the order, the customer receives a purchase confirmation by E-Mail with the relevant data. The customer ensures that the E-Mail address entered by him is correct.

2.3. During the ordering process, the customer has the opportunity to correct the entries made. Before completing the ordering process, the customer receives a summary of all order details and is given the opportunity to check his details.

2.4. The final contract is in English.

2.5. The seller will contact the customer by E-Mail to send information regarding the payment, Consulting & Mentoring Meetings or Digital-Content / Digital Goods as Download.

 

3. The Services & Digital Goods

3.1. The services and digital goods that are included are stated in the specific payment-page (checkout.stripe.com). There is also stated what is not included as service or digital goods.

3.2. The “Actualizing Creator Program” and the individual Meetings between seller and customer will be conducted via Zoom or another Video-Conference Software (e.g. Skype, Google Meets). Information to access the Digital Goods will be sent via E-Mail by the seller. The customer can access all material and content in the Online-Membersite (member.andy-kern.com). Some Digital Goods can be downloaded from the customer. This could be PDFs, Text-Documents, Sheets, Presentation-Files, Videos, Pictures or Audio-Files.

 

4. Intellectual Property Rights & Ownership of Materials

4.1. In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in terms of location and time, to use the digital content provided for private and business purposes. Passing on the content to third parties, as well as duplication for third parties, is not permitted unless permission has been granted by the seller.

4.2. All the materials available during the Service and the “Actualizing Creator Program” are the property of us and are protected by copyright, trademark, and other intellectual property laws.

4.3. The Service and the “Actualizing Creator Program” is provided solely for your personal noncommercial use. You may not use the materials available in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms Of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by E-Mail, Messenger App or other electronic means) any material from our Service and the “Actualizing Creator Program”.

4.4. You may, however, from time to time, download and/or print one copy of individual pages from the “Actualizing Creator Program” for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

5. Customer Requirements

5.1. The customer is obliged to support the seller in providing the advice and services to a reasonable extent. The customer is particularly obliged to provide the seller with all information that is necessary for the execution of the order.

5.2. The information to be provided for the execution of the order can be found in the respective individual contractual agreement.

5.3. If the customer does not meet his obligations and the seller is therefore unable to complete his Consulting & Mentoring services in whole or in part within the agreed time, the agreed period of time shall be extended appropriately. If the extension of the period is not possible due to certain deadlines and the Consulting & Mentoring service cannot be provided as a result, the seller retains his full claim to remuneration.

 

6. Seller Requirements

6.1. The seller advises the customer on the following topics: self-improvement, mindset mentoring, expansion of consciousness, personality development, consulting regarding online-business, marketing and sales. He does this conscientiously and carefully.

6.2. Content, place, time and scope of the Consulting & Mentoring service are agreed in individual contracts.

6.3. The seller grants the customer the non-exclusive, permanent and non-transferable right to use the embodied Consulting & Mentoring service results provided within the framework of the contract, insofar as this results from the purpose of the contract and unless the contracting parties have agreed otherwise in this regard to have.

 

7. Terms of Payment

7.1. The purchase price is due immediately upon ordering, if not else described. The goods or the service are paid for using the payment methods provided. To accept payments we use the service “Stripe” (stripe.com or checkout.stripe.com). There can be the option of a payment in rates, if offered by the seller.

7.2. The prices stated at the time of the order apply. The prices stated in the price information include statutory sales tax, if applicable.

 

8. Shipping & Distribution Terms

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

8.2. Digital goods are made available to the customer in electronic form either as a Download or by E-Mail.

 

9. Offline Events

If the customer purchases a ticket for an offline event, the following provisions apply:

9.1. In the event of compelling organizational or economic reasons for which the organizer is not responsible, the organizer reserves the right to cancel an event. In this case, the organizer will inform the customer immediately and rebook the tickets for a subsequent event. Cancellation costs that the participant could have insured against (ticket insurance, travel cancellation insurance, etc.) will not be reimbursed under any circumstances.

9.2. In the event of force majeure or official cancellation of the event, liability on the part of the organizer is excluded.

9.3. Liability for cancellation or rebooking fees for means of transport or accommodation costs booked by the customer is excluded.

 

10. Right of Withdrawal (Refund or Cancellation Policy)

10.1. Due to the nature of this 1:1 Consulting & Mentoring Service, there are no refunds or money-back guarantees. The customer thereby agrees to waive his right of withdrawal by concluding the contract and ordering the “Actualizing Creator Program”. The seller and the customer have the right to reschedule a meeting if either of them is unavailable on a specific date or time. The customer has the right to end the Consulting & Mentoring Service at any given time, but the price still has to be paid in full.

 

11. Warranty

11.1. The statutory warranty rights of §§ 327i ff. German Civil Code (Bürgerliches Gesetzbuch – BGB) apply to the purchase of digital products.

11.2. If the digital product is defective, the customer can, if the legal requirements are met, demand supplementary performance according to § 327 Paragraph 1
BGB, end the contract according to § 327m Paragraph 1, 2, 4 and 5 BGB or reduce the price according to § 327n BGB and claim damages according to § 280 paragraph 1 or § 327m paragraph 3 BGB or compensation for futile expenses according to § 284 BGB.

11.3. In order for the digital product to remain in accordance with the contract, the provider undertakes to provide updates to the product within the period of availability if these prove necessary.

 

12. Limitation of Liability

12.1. The seller is liable for intent and gross negligence. Furthermore, the seller is liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which a customer regularly relies. In the latter case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

12.2. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.

12.3. The seller does not offer any medical therapy, treatment or service.

12.4. According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant and uninterrupted availability of the online trading system and the online offers.

12.5. The European Commission is providing an online dispute resolution platform (OS), which can be found at http://ec.europa.eu/consumers/odr. We are not participating in a dispute settlement procedure before a consumer sacking agency.

 

13. Date Protection & Privacy-Policy

13.1. The seller treats personal data confidentially and in accordance with the statutory data protection regulations.

13.2. Personal data will not be passed on without express consent or only in the context of the necessary processing of the contract.

 

14. Final Provisions

14.1. Changes or additions to these Terms Of Service in writing. This also applies to the cancellation of this written form requirement.

14.2. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.

14.3. If a consumer had his domicile or habitual residence in Germany when the contract was concluded and either relocated at the time the action was filed or his whereabouts are unknown at this time, the place of jurisdiction for all disputes is the seller’s place of business. If a consumer does not have his domicile or habitual residence in a member state of the European Union, the courts at the place of business of the seller shall have exclusive jurisdiction for all disputes. If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.

 

Last Update: October 20th, 2023