Contractual terms of Julia Maak
I. General use of the website
§ 1 Intellectual Property Rights
Julia Maak and her licensors retain all copyrights and other intellectual property rights in relation to the content of the websites, in particular texts, illustrations, graphics, layouts, images, audios and videos, logos, trademarks, trade names, titles, service markets and their selection and arrangement, software and other information on the website, each of which is protected by intellectual property rights (collectively, “site content”).
The website content may be used for informational and non-commercial purposes only. Without the prior written consent of Julia Maak, the website contents may not be reproduced, distributed, rented, lent, publicly displayed, made public, processed, adapted, converted or used in any other way. The respective owners reserve all rights to trademarks used on the websites (trademarks, trade names and titles).
The images on the websites are from Adobe Stock (https://stock.adobe.com/), iStock (https://www.istockphoto.com), Julia Maak, Barbara Puchta Photography (http://www.milchundhonig-fotografie.com/) and Fruzsina Monostori Photography (https://www.monostori.de/).
These websites were created by ercas GmbH & Co. KG (https://www.ercasdieagentur.de).
§ 2 Liability
2.1 Julia Maak does not warrant that the site content is accurate, complete or up-to-date. In particular, the website operator does not guarantee that the websites are accessible at all times, free of defects and viruses, and secure, and that the website content can be securely downloaded.
2.2 The liability of Julia Maak and its vicarious agents for damages for simple negligence, for whatever legal reason, is limited as follows:
(i) Julia Maak is liable in the event of a breach of essential contractual obligations in amount limited to the contractually typical, foreseeable damages;
(ii) Furthermore, Julia Maak is not liable for ordinary negligence.
2.3 The aforementioned limitations of liability do not apply in cases of mandatory legal liability, in particular under the Product Liability Act, as well as culpably caused injuries to life, limb or health. In addition, these limitations of liability do not apply if and insofar as Julia Maak has taken an explicit guarantee.
§ 3 Links to third party websites
The websites link directly or indirectly to external websites run by third parties. The availability or content of such third party websites are not controlled by the website operator, and the website operator has no control over these third party websites. In particular, the website operator does not endorse the content of such third-party websites, and accepts no responsibility or liability for the content or security of such third-party websites.
§ 4 Other provisions
4.2 You may not use any software, processes or devices that interfere with the operation or functionality of the sites, either manually or electronically, or cause undue or excessive burdens on the websites, or use robots or other tools to augment the site content copy, reproduce, transmit or show on unauthorized websites.
II. Contract on services for birth preparation and baby massage
§1 Conclusion of the contract
1.1 All services offered on the website are not binding.
1.2 If you are interested in the services offered, please contact us by email or telephone. Julia Maak will send you a concrete offer by email. Julia Maak is bound to this specific offer for three working days.
1.3 A binding service contract between you and Julia Maak is concluded when you confirm the specific offer by Julia Maak by email or by phone to Julia Maak. If you confirm by telephone, you will receive confirmation by email.
1.4 When registering for a hypnobirthing course, you will also receive a registration agreement and consent form with the confirmation, which must be completed and signed and sent to Julia Maak via email before the beginning of the course.
1.5 The course fee must be paid by bank transfer to Julia Maak, Stadt- und Kreissparkasse Erlangen, IBAN: DE15 7635 0000 0060 0843 41, BIC: BYLADEM1ERH, Subject: course and name of the participant, no later than 7 calendar days before the start of the course.
§ 2 Termination and rebooking
2.1. You have the right to terminate the service contract free of charge at the latest 14 calendar days before the start of the course. In case of a later cancellation a course fee of 35 Euro is due. The transfer to another course is only possible before the beginning of the course if a corresponding place is available.
2.2 Julia Maak has the right to cancel the service contract until 7 calendar days before the start of the course, if the minimum number of participants for the booked course has not been reached. In this case, we will refund any course fees already paid.
§ 3 Missed course units by the participant
3.1 If a course participant is prevented from attending a course unit, it is possible to make up for the missed unit in a private individual appointment for an additional fee of 90 € (hypnobirthing) or 30 € (baby massage).
3.2 There is no reimbursement for the regular course fee for the missed course unit, unless the course participant can prove that he was prevented from attending by force majeure. Holiday absence is not a case of force majeure.
3.3 The right to participate in the booked course is not transferable to third parties.
4.1 The liability of Julia Maak and its vicarious agents (collectively referred to herein as “Julia Maak”) for damages for ordinary negligence in connection with the provision of services, for whatever legal reason, is limited as follows:
(i) Julia Maak is liable in the event of a breach of essential contractual obligations in amount limited to the contractually typical, foreseeable damages.
(ii) Furthermore, Julia Maak is not liable for ordinary negligence.
4.2 The aforementioned limitations of liability shall not apply in cases of mandatory legal liability, in particular under the Product Liability Act, as well as culpably caused injuries to life, limb or health. In addition, these limitations of liability do not apply if and insofar as Julia Maak has taken an explicit guarantee.
§ 5 Force Majeure
5.1 Julia Maak is not obligated to perform the service if force majeure prevents it.
5.2 In her own case of illness, Julia Maak will offer a follow-up appointment. If the participant does not agree, the course fee will be reimbursed pro rata.
§ 6 Miscellaneous
Participants will receive a confirmation of participation upon successful completion of a course (in the case of hypnobirthing courses with all the information required for submission to the health insurance).
§ 7 Severability clause
The invalidity of one or several clauses does not result in the ineffectiveness of the remaining agreement. The ineffective clause is replaced by the provisions of the Civil Code.