AGB • Elements2Balance.me

Terms and conditions of business and use (with customer information)

1. scope of application

The use of the online platform elements2balance.me and all services that we (hereinafter also: elements2balance or "we" or "us") provide to consumers and contractual partners via the platform are governed exclusively by these terms and conditions. Deviating, supplementary or conflicting terms and conditions of the members shall not become part of the contract.

2. contractual partner:in

The contract for the use of the online platform and the services provided via it is concluded between you and us.

3. subject matter of the contract

elements2balance is an internet platform for members of the community. Members can use the platform to obtain information, particularly on topics from the Traditional Chinese Sciences. These include life-prolonging techniques such as Qigong, 5 elements nutrition, 5 elements wellness, Feng Shui, BaZi Suanming and in particular the concept of the 5 elements. The individual services can be found in the respective product description.

Insofar as the members conclude contracts with each other or with designated subcontractors, the contracts shall only apply between these members and these subcontractors. Fees and conditions are negotiated independently by the subcontractors. The platform operators of elements2balance are neither involved in this contractual relationship nor responsible for the content of the contract. The proper execution and handling of the contractual relationship is therefore not the responsibility of elements2balance, but solely the responsibility of the respective subcontractors. elements2balance is not responsible for the conclusion of contracts between the subcontractors, members and actors of the portal.

4. conditions of use, conclusion of contract

To register and use the services on our platform, you must be 18 years of age or older.

The presentation of our service descriptions on the platform does not constitute a legally binding offer, but a non-binding online catalog.

To register and use our free services, fill out our online registration form and send it to us by clicking on the button. You will then receive an e-mail with an activation link to the e-mail address you provided in the registration form. We hereby submit a binding offer to conclude a contract for the use of the services offered by us free of charge. By clicking on the activation link and logging in to our platform with your password, you accept our offer and a contractual relationship is established between you and us for the use of the free services on our platform. Alternatively, you can order free offers in the Winkel Shop or via the respective landing page.

The contract for the use of chargeable services between you and us is concluded as follows: By clicking on the "Order with costs" button or the Paypal / credit card button for the desired product (e.g. Community) at the end of the order process, you submit an offer to conclude a contract for the use of this service. After placing your order, you will immediately receive an e-mail confirming receipt of your order. This order confirmation does not constitute acceptance of your offer. The contract with us is concluded - subject to the provisions on payment methods in the following paragraph - as soon as we confirm your order by e-mail within two working days (order confirmation).

In the case of your payment with PayPal and with the payment methods offered via the online payment service Stripe, credit card, iDEAL, Google Pay and Apple Pay, the contract is concluded as follows:

PayPal
When paying with PayPal, you will be redirected to the PayPal website during the ordering process, where you log into your PayPal account and instruct PayPal to make payment using the payment details you have stored there. As soon as you have placed your order, PayPal will request payment from us. We hereby accept your offer and the contract is concluded.

Credit card
When paying by credit card, you will be asked to enter your credit card details during the ordering process. Your credit card company will be asked to process the payment immediately after your order has been placed. We hereby accept your offer.

iDEAL
When paying with iDEAL, you will be redirected to your bank's online portal after placing your order, where you log in with your bank's online banking details to instruct the payment. As soon as you confirm the payment instruction, we declare your contract offer as accepted.

Google Payments (Google Pay)
When paying with Google Pay, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, the payment data you have stored in the Google Pay app will be used for payment. To complete the payment process, confirm the payment instruction after placing your order using the authentication methods offered by Google Pay (e.g. fingerprint, PIN or security code). As soon as you confirm the payment instruction, we declare your contract offer as accepted.

Apple Pay
For payment with Apple Pay, a service of Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment cards you have stored on an Apple device (e.g. iPhone) in the "Wallet" app are used for payment. To complete the payment process, confirm the payment instruction after placing your order using the authentication methods offered by Apple (e.g. fingerprint, PIN or security code). As soon as you confirm the payment instruction, we declare your contract offer as accepted.

5. correction of input errors

You can check your entries before concluding the contract. You can correct errors using the usual methods (mouse click, delete key on your keyboard, etc.) before you submit your contractual declaration by clicking on the "Order with costs" button. You can cancel the order process by closing your browser before submitting your contractual declaration.

6. member account

After concluding a contract for the use of our services on the platform, a member account is created for you, which you manage yourself in a password-protected login area. Depending on the tariff you have chosen, you can use different functions. You may be able to view the profiles of other members, make or receive contact requests, use groups, etc. You decide whether to accept or reject a contact request.

The content (e.g. texts, photos and files) that you upload to your profile will be stored on our server for the duration of the contract, unless you delete the content beforehand.

If, after registering for a free offer, you wish to make use of a chargeable offer, you can book this at any time. Before concluding a contract for a chargeable offer, you will be informed separately of the costs incurred and the validity of these terms of use (including the cancellation policy for consumers).

7 Free and fee-based offers

The use of the public offers on our platform is free of charge.
Additional services such as a subscription via a community membership can be booked for a fee.

The exact service description can be found in the respective product description.

Other chargeable services
Insofar as we offer other chargeable services, the scope of services can be found in the respective product description.

Note on the use of downloads such as music, videos, meditations etc.:
Digitally provided content such as music, meditations, videos, etc. are protected by copyright and may not be reproduced. for private use only released. Any commercial use or publication on social media or streaming platforms such as YouTube, Vimeo etc. is not permitted.

8. prices and method of payment

All prices in our service descriptions are total prices and include all price components including all applicable taxes.
Payment for our fee-based Community subscription without a minimum term is due monthly in advance or for the corresponding renewal period once the contract has been concluded. A monthly payment method applies for consumers.

You have the following payment options with us: PayPal and - via Stripe - credit card, direct debit, iDEAL, Google Pay and Apple Pay.

Payment with PayPal
When paying with PayPal, a service of PayPal (Europe), S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, you will be redirected to the PayPal website during the ordering process, where you log in to your PayPal account and instruct PayPal to make the payment using the payment details you have stored there. The payment transaction will then be carried out immediately by PayPal. You will be informed of this immediately.

Payment by credit card, direct debit, iDEAL, Google Pay, Apple Pay (via Stripe)
The payment methods credit card, direct debit, iDEAL, Google Pay and Apple Pay are processed via Stripe, a payment service of Stripe Payments Europe, Limited, The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland.

Payment by credit card (VISA, MasterCard, American Express)
When paying by credit card, you will be asked to enter your credit card details during the ordering process. Your credit card company will be asked to process the payment immediately after your order has been completed. Your card will then be charged.

Payment by direct debit (SEPA)
When paying by direct debit (SEPA), you will be asked to enter your payment details (IBAN, BIC) during the ordering process and authorize Stripe to collect the payment amount from your bank account by direct debit on our behalf. The date of the direct debit collection will be announced to you in good time (at least two calendar days before the payment) by e-mail (pre-notification).

Payment with iDEAL
When paying with iDEAL, a service of Currence Holding B.V., Gustav Mahlerplein 33 -35 1082 MS, Amsterdam, Noord-Holland, the Netherlands, you need a Dutch bank account. After placing your order, you will be redirected to your bank's online portal where you can log in with your online banking details to make the payment. The payment amount will be debited from your account as soon as you confirm the payment.

Payment with Google Payments (Google Pay)
To pay with Google Payments (Google Pay), a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, you need a Google account and a device that meets the relevant system requirements of the service.
The payment cards (credit or debit card) you have stored in the Google Pay app are used for payment. You can also pay via a digital wallet or via an account of another company that you have linked to Google Pay. To complete the payment transaction, confirm the payment instruction using the authentication methods offered by Google Pay (e.g. fingerprint, PIN or security code). The payment transaction will be carried out immediately afterwards.

Payment with Apple Pay
To pay with Apple Pay, a service provided by Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, you need an iOS device (e.g. iPhone) and the "Safari" browser. The payment cards stored in the Apple Pay "Wallet" app are used for payment. To complete the payment process, confirm the payment instruction using the authentication methods offered by Apple (e.g. fingerprint, PIN or security code). The payment transaction will be carried out immediately afterwards.

9. contract term and termination

a) The contract for the use of services provided free of charge runs for an indefinite period and can be terminated by you or us at any time without giving reasons. To do so, simply inform us by e-mail or contact form (link in the footer).

b) Contracts for the use of fee-based services (community subscription) are concluded without a minimum term, unless otherwise stated in the respective product description. They are automatically renewed unless they are terminated by you or us at the end of the originally agreed minimum term.

c) Contracts for the use of fee-based services (such as a reading, coaching, music tracks, courses, etc.) are concluded without a minimum term, unless otherwise stated in the respective product description. They are one-off payments and do not require termination.

The following applies to the Community tariff:
If no notice of termination is given, the contract is automatically extended for an indefinite period after the originally agreed minimum term and is billed in advance at the agreed monthly price. The extended contractual relationship can be terminated by you or us at any time at the end of a monthly billing period.

After the termination of chargeable services, you can continue to use our services provided free of charge, unless these are also terminated.

d) The right to extraordinary termination for good cause remains unaffected. An important reason for termination exists for us in particular if you violate statutory provisions or repeatedly breach your contractual obligations.

e) Any termination must be declared by letter or in text form (e.g. by email or contact form (in the footer)). Alternatively, you can submit your declaration of termination online via our platform by selecting the "Customer area, Subscription" item in your profile area, calling up the Subscription tab there and clicking on the termination link "→ Terminate contract" in the table. You will then be taken to a confirmation page where you will be asked the following: "Are you sure you want to cancel your membership?" and you confirm the question with the red "Yes" button. Your declaration of termination will then be sent. You will then receive your confirmation of termination electronically.

10 Copyright and other rights

Our platform and the services and content provided by us are protected by copyright.

When using our community, you guarantee that you will only provide content on our platform for which you have the necessary rights, in particular copyrights and rights of use. You grant us all rights to the content provided by you that are necessary for the performance of the contract, in particular rights of use and ancillary copyrights as well as other rights. The granting of rights is free of charge.

11. your duty to cooperate

You are obliged to keep your password secret and not to grant third parties access to your account. If you suspect that your account is being used by third parties, you must inform us immediately.

You warrant that the information you provide when using our platform, for example when registering and in your profile, is correct and complete.

You are solely responsible for all content (e.g. texts, photos and files) that you publish on our platform, in your account and when otherwise using our services.

12. unauthorized use

You are obliged to use our platform and the services and content provided by us in accordance with applicable law and exclusively for the contractually intended purpose.

You may not upload any immoral or illegal content to our platform, nor may you link from our platform to other websites with such content. In particular, you are prohibited from providing content that violates copyrights, trademark rights or other third-party rights.

You may not provide or disseminate any illegal content via our platform, in particular no discriminatory, racist, violence-glorifying, inciting, youth-endangering or pornographic content.

You may not unreasonably harass other members, for example by sending mass mailings (spam).

You may only use personal data of other members (e.g. name or e-mail address) for the purposes for which you receive this data within the scope of the permitted contractual use of the platform and the services provided by us in accordance with these Terms of Use. Any other use, for example the use of member data for advertising purposes or the sale of data to third parties, is prohibited.

You must refrain from any behavior that is likely to impair the functionality of our platform, services and content. You are not permitted to read information and content automatically (e.g. robots or crawlers).

We are entitled to immediately delete content that violates the rights of third parties or other rights.

13. exemption

You indemnify us against all claims asserted against us by third parties due to an infringement of their rights by the content provided by you on our platform. You shall also indemnify us against all claims asserted against us by third parties due to an infringement of their rights as a result of the use of our platform and services in breach of contract for which you are responsible. You are obliged to reimburse us for the costs incurred by us for the necessary legal defense. This does not apply if you are not responsible for the infringement.

14. warranty

You can send us your date, time and place of birth to determine your BaZi Suanming analysis. We assume no responsibility for the legality of your content and do not adopt the content as our own.

We endeavor to enable you to use our platform and our services at all times. Nevertheless, due to maintenance work, software updates or circumstances beyond our control (e.g. power failure), there may be outages, meaning that we cannot guarantee the availability of 100 %.

Unless expressly agreed otherwise in these Terms of Use, the statutory liability for defects shall apply.

15. liability

We shall be liable in the event of intent and gross negligence, irrespective of the legal grounds, in accordance with the statutory provisions.

All claims shall remain unaffected if we culpably breach a material contractual obligation. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you as our contractual partner regularly rely and may rely. In this case, our liability is limited to the foreseeable damage that typically occurs.

We shall be liable without limitation in the event that guarantees are given, provided that the defect covered by the guarantee is the reason for liability. We are liable for all damages resulting from fraudulent intent.

All claims for damages due to injury to life, limb or health and claims under the Product Liability Act remain unaffected.

Our liability is otherwise excluded.

Insofar as liability is excluded or limited, this shall also apply to the liability of our vicarious agents.

16. ratings

Insofar as it is possible to post reviews on our platform, we do not check the reviews. We therefore do not guarantee that the published reviews originate from members who have actually used the services.

17. amendment of the GTC

We reserve the right to amend these Terms and Conditions from time to time, provided this is reasonable for you. We will inform you of the amendment and its content by e-mail in good time before the amended terms and conditions come into force and send you the new terms and conditions by e-mail. You have the opportunity to object to the validity of the new terms and conditions within eight weeks of receiving our notification of change.

If you do not object in due time or do not terminate the contract with due notice, the new Terms and Conditions shall be deemed to have been approved. In the event of your timely objection, the previous Terms and Conditions shall continue to apply to you; in this case, we expressly reserve the right to terminate the contract with due notice.

We will inform you again about your right of objection and the possible consequences of an objection in connection with the notification of change.

18. contract language and contract text

The contract language is German and other languages.

elements2balance saves the text of the contract. You will receive your order data with the order confirmation by e-mail or for printing in the customer area, so that you can save and/or print out the contract text together with the terms of use including the cancellation policy or download it as a PDF in the customer area. Further details about your tariff can be found in your password-protected account. You can view our current terms of use at any time on our website.

19. information on online dispute resolution

elements2balance is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings.

20 Applicable law, place of jurisdiction

Contracts between you and us are governed by international law. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which consumers have their habitual residence, remain unaffected.

If you are a merchant, a legal entity under public law or a special fund under public law or if you have no general place of jurisdiction in the UK, the place of jurisdiction for any disputes arising from the business relationship between us and you shall be our choice or your registered office. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

21. severability clause

If individual provisions of these terms and conditions are invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Right of withdrawal for consumers

Consumers have the following right of withdrawal in accordance with the statutory provisions:

Cancellation policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right of withdrawal, you must inform us (elements2balance, E-Mail: support [öt] elements2balance.me) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, e-mail or via the contact form on the website). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Right of withdrawal for "digital products"
When purchasing digital products, you consent to the execution of the contract commencing before the end of the statutory withdrawal period. You are aware that by giving this consent you lose your right of withdrawal from the beginning of the execution of the contract, which is exclusively digital products such as audio files, etc.

Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us 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.

Note on the premature expiry of the right of withdrawal
In the case of a contract for the provision of services, your right of revocation expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the contract by us.

End of the withdrawal policy

Sample withdrawal form
(If you wish to cancel the contract, please complete this form and return it to us).

To
elements2balance
E-mail: support [öt] elements2balance.me -> Contact us

I/we (*) hereby revoke the contract concluded by me/us (*) 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 the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate

January 01, 2024