Terms & Conditions
Updated November, 2023
This website (the “Site”) is owned and operated by paolazuazua.com (“COMPANY” “we” or “us”). By using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions, our Privacy Policy, our Return Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions.
We reserve the right to change these Terms & Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms & Conditions, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site 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 email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein
Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
COMPANY may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Registration
To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Liability
(1) COMPANY undertakes to perform all agreed services carefully and to the best of his/her knowledge. There is no guarantee for success in the provision of the service in coaching or in programs, events and/or trainings.
By making an appointment or registering for programs, events and trainings, the client confirms that he/she is acting on his/her own responsibility. He/she acknowledges that he/she is fully responsible for his/her own physical and mental health.
The COMPANY will only pay damages for whatever legal reason:
a. In the case of intent or fraudulent misrepresentation in the full amount; in the case of gross negligence or failure despite an assumed guarantee only in the amount of the foreseeable damage that should have been prevented by the duty of care or the guarantee;
b. In other cases only from breach of an essential obligation, if the purpose of the contract is endangered thereby, from delay and impossibility, always limited to typical direct damages foreseeable at the time of conclusion of the contract and limited in amount to the total remuneration of the contract. The COMPANY is not liable for consequential damages caused by slight negligence, other indirect damages and loss of profit.
The objection of contributory negligence remains open. Liability for all other damages is excluded, whereby the legal liability for personal injury remains unaffected.
Insofar as claims for damages are due according to this paragraph, these shall become statute-barred within one year from the statutory commencement of the limitation period. This shall not apply in the case of liability due to intent, gross negligence, injury to life, body or health or fraudulent concealment of a defect.
Informed Consent to Services & Coaching Practice
The intention of this section is to help the Client become better informed so that they may give or withhold consent to undergo the healthy lifestyle recommendations after having an opportunity to discuss health and wellbeing concerns - including potential benefits and risks, options and alternatives.
The COMPANY offers genetic, health, wellness, lifestyle, pre & perinatal, and nutritional information and is provided for informational purposes only. A coaching session nor the material of any of the COMPANY programs, events or trainings are not a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. The Client agreed to always speak with his/her primary healthcare provider before taking any medication or nutritional supplement or using any treatment for a health problem. The Client agree to maintain direct contact with a licensed health care provider that is appropriate for the patient’s age, gender and known or suspected health conditions. Nothing available through any services offered by the COMPANY is intended to be, and must not be taken to be, the practice of medicine.
The Client acknowledge the opportunity to read and inquire about this consent and all the items addressed herein and hereby authorize the COMPANY, in accordance and within the scope and limits of her Holistic Health Coaching competences to recommend procedures including but not limited to: laboratory, ultrasound, functional laboratory testing, dietary advice and guidelines and the promotion of wellness including, but not limited to, recommendations for sleep, exercise, stress management and reduction, balancing of work and self-care activities, and developing and nurturing healthy relationships and community relationships. Functional nutrition, nutritional supplementation and vitamin, mineral, amino acid, lipid, phytonutrient, and metabolite precursor and other nutrient. Botanical herbs and plant derivatives prescribed as loose teas, alcohol or glycerin tinctures, capsules, tablets, creams, suppositories, etc. Physical interventions, massage, stretching, exercises, contrast heat/cold applications and manual or instrument-assisted joint mobilizations. Lifestyle and Wellness Counseling to promote improved lifestyle strategies and wellness, but not including the specific treatment of known or suspected mental illness.
The Client acknowledges the right, opportunity and responsibility to ask questions and to become informed regarding the COMPANY´s recommendations to his or her satisfaction. The Client acknowledges that all questions asked have been fully answered by the COMPANY.
The Client acknowledges and accepts that there are risks to the measures that may include: unintended exacerbation of symptoms, new symptoms, allergic and other unintended side effects from exercise, lifestyle modifications, dietary modifications, herbal and nutritional supplements, adverse interactions with drugs, herbs and/or nutrients. The specific risks associated with the proposed procedures have been explained to the Client.
The Client acknowledges that treatment may result in the restoration of health and wellbeing as of optimal functional capacity, relief of pain and symptoms, and prevention or reversal or disease of a condition progression, but ALSO acknowledges that no expressed or implied guarantees or representations can or have been made by the COMPANY or any affiliated staff regarding the cure or improvement of a Client´s condition.
The Client acknowledges that the COMPANY cannot know or anticipate and explain every possible detailed information on the health lifestyle recommendations, and that the Client or representative willingly chooses to rely on the COMPANY to exercise their best judgment for any of the above.
The Client agrees to alert the COMPANY should she suspect that she is or may be pregnant in acknowledgement that some of the lifestyle interventions and recommendations could present risks to a pregnancy.
The Client understands that is free to discontinue participation in any and all aspects of the recommendations provided by the COMPANY at any time, and that the Client is responsible for informing the COMPANY of the adherence to or discontinuation of any and all aspects of recommendations and that the choice to discontinue healthy lifestyle interventions may create the risk of adverse effects for which the patient or representative bears full and sole responsibility.
The Client understands he/she bears full responsibility for any adverse effects experienced during or after the course of implementing lifestyle changes that were reasonably deemed to be caused or related to a deficit in the full, accurate and timely disclosure of symptoms and other medical information to the Coach to the best of the Client´s ability.
Confidentiality
Offers, invitations to tender, coaching and counselling concepts, personally produced CDs, MP3 files, e-books, online documents and other documents made available to the client by the COMPANY are protected by copyright.
All documents, videos, audios, PDFs, e-books etc. handed over or made available to the client are exclusively for personal use.
The customer is not permitted to reproduce the documents or parts thereof and/or make them accessible to third parties. Publication - even in part - is prohibited and may be prosecuted.
Data Protection
The COMPANY will only process or use personal data of the client for contractually agreed purposes.
The data will be treated confidentially.
In all other respects, the COMPANY´s data protection declaration, which can be accessed via the internet address www. paolazuazua.com/privacypolicy shall apply.
The Client expressly consents to his/her health data being processed by the COMPANY within the framework of the service. The consent also extends to the forwarding of health samples (saliva, urine, faeces etc.) for evaluation to the corresponding laboratories.
The declaration of consent is voluntary. The Client can refuse it without giving reasons and without having to fear any disadvantages because of this.
The above consent is valid until the Client revokes it. The Client can declare this revocation at any later time by telephone, in writing or per e-mail without giving reasons. Furthermore, the Client is entitled to the other rights outlined in the data protection information of the COMPANY.
The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. Insofar as there is another legal basis for the further processing of the Client's data, the Coach is entitled to do so. Otherwise, the Client's data will be deleted upon revocation of consent.
The Client agrees that records of the services provided will be kept for a minimum of three, but no more than ten years after the date of the last appointment or consultation. The Client understands that his/her records will be kept securely and confidentially and without release to others unless so directed by the Client, or as may be required by law or as necessary for insurance claim or other payment processing.
The Client accepts that the COMPANY or associated staff may contact the Client (e.g. by phone, email, voicemail, SMS text message) to consult or exchange information related to the Clients records and care.
The Client agrees that the COMPANY may consult with preceptors and colleagues related to the case and care provided, without disclose of the Clients identity.
Final Provisions
Place of performance is the COMPANY´s registered office in Munich.
The invalidity of one of the above conditions does not affect the validity of the remaining conditions. In such a case, the COMPANY and the Client are obliged to effectively replace an invalid provision with one that comes closest to the economic purpose of the invalid provision.
Amendments and additions to contractual provisions must be made in writing in order to be effective and must be signed by an authorized representative of each party. This also applies to all amendments or waivers of the written form requirement.
Right of Cancellation & Refund Policy
When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal.
The Client the right to withdraw from this contract within fourteen days without giving any reason.
In order to exercise your right of withdrawal, you must inform [Paola Zuazua, Am Lochholz 28a, 80999 Munich, paola@paolazuazua.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
The Client accept to pay the corresponding amount of the services already provided up to the time of notification of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
No given services provided but paid will be refunded minus a processing fee of 15%. Shipping fees are not refundable.
Due to the fees we incur after the order of a test is placed, we are unable to offer refunds, returns or exchanges on test orders of any kind.
The Supplier shall provide information on the model withdrawal form in accordance with the statutory provisions as follows:
Model withdrawal form:
- To Paola Zuazua, Am Lochholz 28a, 80999 Munich:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date(s)
(*) Delete where inapplicable.
Additionaly, the Client acknowledge that the purchase or products or services through affiliated links and any transactions conducted via these links are governed by the individual terms, refund policies, and cancellation procedures established by the respective vendors or merchants. It's crucial to understand that the procedures for refunds, cancellations, and terms of purchases made through affiliate links are directly managed by third-party vendors or merchants and may not align with the policies articulated in this withdrawal policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice shall be admin@paolazuazua.com
Assignment
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law.
2) If the Customer is a merchant, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of COMPANY in Munich. However, the COMPANY is also entitled to take legal action at the Customer's place of business.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court
Copyright © 2021 chrysalis / Paola Zuazua – All Rights Reserved