TERMS AND CONDITIONS
1. General
These Terms and Conditions apply to all contractual agreements between the provider Carolin Campe-Schalow (hereinafter referred to as “Provider”), Carretera General 97, 38370 La Matanza de Acentejo, Spain, and the customer (hereinafter referred to as “Customer”) for services offered and rendered via the website www.itsnotthemountain.de. This includes in particular online courses (also via third-party platforms such as Udemy), 1:1 coaching sessions, and online or in-person workshops/events.
2. Conclusion of Contract
2.1 The presentation of services on the website does not constitute a legally binding offer but an invitation to place a booking.
2.2 Coaching sessions, workshops, and events are generally booked via the TidyCal booking tool. A binding contract is concluded upon confirmation of the booking and payment via Stripe.
2.3 For online courses offered through platforms such as Udemy, the respective terms and conditions of those platforms apply in addition.
3. Prices and Payment
3.1 All prices stated are final prices. In accordance with the small business regulation under Spanish law (Art. 20 Ley del IVA), no VAT is charged.
3.2 Payments are processed via the respective integrated payment providers (e.g., Stripe, Udemy, PayPal). The terms and privacy policies of those providers apply.
4. Cancellation and Withdrawal
4.1 For online courses offered via Udemy, Udemy’s refund policy applies.
4.2 For 1:1 coaching sessions: rescheduling individual sessions is free of charge. Cancellations must be made at least 12 hours prior to the scheduled appointment. In case of late cancellation or no-show, 50% of the fee may be charged.
4.3 For workshops and events (online or in-person):
- Cancellations up to 7 days before the event: 100% refund.
- Cancellations up to 48 hours before the event: 50% refund.
- Later cancellations or no-shows: no refund.
4.4 The Provider reserves the right to postpone confirmed coaching sessions or workshops for important reasons beyond her control (e.g., sudden illness, force majeure). In such cases, alternative dates will be offered or the participation fee will be refunded upon request.
5. Right of Withdrawal
5.1 Customers are entitled to a 14-day right of withdrawal for digital products, coaching sessions, and events in accordance with legal requirements.
5.2 Right of withdrawal for digital content: For digital content not supplied on a physical medium (e.g., video downloads, online courses), the right of withdrawal expires as soon as performance of the contract has begun, provided the Customer has expressly agreed that performance begins before the end of the withdrawal period and acknowledged that this voids the right of withdrawal.
5.3 Right of withdrawal for coaching and events: The right of withdrawal may also expire for coaching sessions or workshops scheduled to occur within the 14-day period if the Customer expressly agrees to performance beginning before the end of the withdrawal period and the Provider begins providing the service.
A sample withdrawal form is provided at the end of these terms.
6. Content and Responsibility
6.1 All course, coaching, and event content is created with the utmost care and serves solely for personal development and health promotion.
6.2 The Provider does not offer medical advice or treatment. Participation is at the Customer’s own responsibility. If any health limitations exist, consultation with a physician is strongly recommended.
7. Limitation of Liability
7.1 The Provider is only liable for damages caused intentionally or by gross negligence.
7.2 In the case of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal duties), and only for foreseeable, typical damages.
7.3 Participation in all services – especially physical practices (e.g., yoga, stretching, movement), coaching, and digital course content – is at the Customer’s own risk.
7.4 The Provider accepts no liability for physical, psychological, or material damages arising in connection with participation, unless caused by intentional or grossly negligent behavior.
7.5 The services offered are not a substitute for medical, psychotherapeutic, or other professional healthcare. Customers are responsible for assessing their own physical and psychological fitness to participate.
7.6 Due to the current state of technology, uninterrupted and error-free data communication via the Internet cannot be guaranteed. The Provider is not liable for the constant and uninterrupted availability of the online services. No liability is accepted for outages or problems related to third-party platforms such as Zoom, Udemy, or Stripe.
7.7 The European Commission provides a platform for online dispute resolution (ODR), available at http://ec.europa.eu/consumers/odr.
8. Data Protection
8.1 The collection, processing, and use of personal data is carried out in accordance with applicable data protection laws. Further details can be found in the Privacy Policy on the website.
8.2 For bookings made via third-party platforms (e.g., TidyCal or Udemy), the privacy policies of those providers apply. The Provider assumes no responsibility for data processing by these external platforms. Customers are advised to consult the privacy policies of TidyCal (tidycal.com), Udemy (udemy.com), and Stripe (stripe.com) if services are booked via those platforms.
9. Copyright
All content, especially texts, videos, concepts, and materials, is protected by copyright. Use beyond the agreed purpose – particularly reproduction, distribution, or publication – is not permitted.
10. Applicable Law and Jurisdiction
The law of the Kingdom of Spain shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Tenerife, provided this is legally permissible.
11. Final Provisions
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
Version: April 2025
Sample Withdrawal Form
(If you wish to withdraw from the contract, you may use the following form:)
I hereby withdraw from the contract I concluded regarding the booking of the following service:
– Ordered on: ………………… / Scheduled for (date): …………………
– Name: ……………………………………………………………………
– Address: ………………………………………………………………..
– Signature (only if submitting in paper form): …………………………
– Date: ……………………………