Terms and Conditions

Terms and Conditions Open Hearts (Courses)
Terms and Conditions Floating Colours (Sale of Paintings)

General Terms and Conditions for Events and Coaching – AGB Open Hearts

Scope of application
The following terms and conditions apply to all participants in Open Hearts events and coaching sessions (hereinafter referred to as “events”).

Registration
(1) Registrations for events are made by providing the full name, address, telephone number and e-mail address of the participants either online

via the website manuelaluther.com or
in text form to hello(at)manuelaluther.com.

(2) Coaching sessions must always be arranged individually (in person or by telephone).

(3) Registrations and appointments are binding, but do not constitute the conclusion of a contract. Confirmation of the booked appointments is the invoice sent by e-mail.

Communication
Declarations of intent and other information communicated by e-mail shall be deemed to have been received by the other party on the working day following dispatch, unless the other party provides evidence of a deviation from this.

Cancellation
Section 312g, paragraph 2, clause 9 BGB applies. In the event of cancellation of the contract, we will reimburse as a gesture of goodwill:

Cancellation up to 60 days before the start of the event: 75% of the agreed fee
Cancellation up to 30 days before the start of the event: 50% of the agreed fee
Cancellation up to 14 days before the start of the event: 25% of the agreed fee

In the event of cancellation less than 14 days before the event date, the full event fee will be charged. This also applies in the event of non-appearance or justified exclusion of participants.

Cancellation of events
A minimum number of five participants applies to all events with the exception of coaching sessions. Events can be cancelled up to 14 days before the planned date of the event or for other important reasons if the number of participants is too low. Participation fees already paid will be refunded.

Reservation of the right to make changes
Contracts for participation in events shall remain effective even in the event of changes to content, methodology and/or organisation, provided that these do not significantly impair the benefits of the event for the participants. In the event of changes to dates, participants always have the right to cancel the contract and receive a full refund of the participation fee.

Handouts
The documents provided as part of the events are prepared to the best of our knowledge and belief. Liability and guarantee for the correctness, topicality, completeness and quality of the contents are excluded. The documents provided may not be passed on or resold. In addition, there is a risk that the rights of third parties may be infringed by passing them on.

Use of e-learning programmes
Each participant will receive personal access, provided this is included in the service description of the event. Use of the e-learning software is limited to this participant and to the period specified in the contract. Access data may not be passed on to third parties.

Invoice, payment
Participation fees are always payable non-cash in advance, but no later than

upon receipt of the invoice or
immediately before the start of the event

whichever occurs earlier. Failure to pay fees on time will result in justified exclusion from the event.

Data protection
All documents and information received will be treated confidentially. Personal data will be stored and processed in compliance with the Federal Data Protection Act.

Responsibility of the participants
Open Hearts events do not constitute medical or psychotherapeutic treatment. They are not suitable for treating mental disorders. Participation in the seminars or counselling/coaching sessions is voluntary and at the participant’s own risk. Naturally, no guarantee of success can be given. By participating in events, counselling and/or coaching sessions, the participant declares:

“I am aware that this work is for self-development and information purposes and cannot be regarded as therapy. I will secure any need for professional therapeutic support elsewhere”.

Exclusion of liability
Claims for damages on whatever legal grounds are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations as well as liability for other damages that are based on an intentional or grossly negligent breach of duty. In the event of a breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, limb or health.

Cancellation policy
Right of cancellation:

A right of cancellation for the Open Hearts events is excluded by law (§ 312g, paragraph 2, number 9 BGB).
-End of the cancellation policy-

Final provisions
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. The place of fulfilment is Berlin.

General Terms and Conditions for the Sale of Images – AGB Floating Colours

Scope of application
Floating Colours (“I”) carries out your order and the delivery to you or a third party named by you (“you”) on the basis of the following terms and conditions.

Product characteristics, conclusion of contract
(1) My offer is subject to change. All information on products, product features and prices is subject to errors.

(2) Images on the screen may not faithfully reproduce the colours of the artworks. Differences between the colours of the images on this website/online shop and the works of art (originals and reproductions) are therefore unavoidable.
(3) By clicking on the button “Order now for a fee” you place a binding order for the goods contained in the shopping basket. After your order has been placed, I will first confirm receipt of your order.
(4) The contract is only accepted by me when the goods are delivered.

Cancellation policy
(1) Beginning of the cancellation policy
You have the right to cancel this contract without giving reasons. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods (in the case of several partial deliveries: the last delivery). To exercise the right to cancel, you must inform me (Floating Colors, Manuela Luther, Tegeler Str. 41a, 13353 Berlin, phone +49 /30/45307855, e-mail: hello(at)manuelaluther.com) of your decision to cancel this contract by a clear statement (e.g. an e-mail or a letter sent by post). You can use the sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your declaration before the deadline expires.
(2) Consequences of cancellation
If you withdraw from this contract, I will refund all payments I have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by me), immediately, at the latest within 14 days from the day on which I receive notification of your cancellation. For this repayment, I will use the same means of payment that you used for the original transaction, unless otherwise agreed with you in writing. I will never charge any fees for this refund. You must return or hand over the goods to me (Floating Colors, Manuela Luther, Tegeler Str. 41a, 13353 Berlin) immediately and in any case within 14 days at the latest from the day on which you inform me of the cancellation of this contract. The deadline is met if you dispatch the goods before the deadline expires. I will bear the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. I can refuse to refund you until I have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.
End of the cancellation policy

Here you will find the cancellation form as a PDF version.

Exclusion / expiry of the right of cancellation:
In accordance with Section 312g (2) of the German Civil Code (BGB), there is no right of cancellation for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. In the case of reproductions made for you on the basis of your order, in contrast to originals, there is therefore only a right of cancellation if this is expressly stated in the item description.

Delivery / postage
(1) Due to the respective manufacturing process, delivery times for some products may take up to 6 weeks. You can find information on the expected normal delivery time on the respective product detail pages.
(2) Shipping costs within Germany, Austria, Switzerland, Liechtenstein and other EU countries (excluding islands) are included in the purchase price. For shipping to non-EU countries and to islands in other EU countries, a surcharge of EUR 20 will be added to the purchase price.

Customs or import duties for deliveries outside the EU
Customs duties, import taxes or fees and associated charges for their processing and/or handling are not part of the product price or delivery charges. All such additional costs shall be borne by you in accordance with the regulations of the respective recipient country.

Terms of payment and retention of title
(1) Deliveries are made against prepayment, which is to be paid in cash.
(2) All prices include the currently applicable VAT in Germany or the EU country of delivery. No VAT is charged for deliveries to non-EU countries.
(3) The delivered goods remain our property until full payment has been made.

Copyright
All contents of this website, in particular texts and illustrations, are protected by copyright and are subject to my copyright (all rights reserved). (All rights reserved.) The copying, reproduction or use of texts or illustrations for purposes other than shopping on this website is not permitted.

Exclusion of liability
Claims for damages are excluded, regardless of the legal grounds. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty. In the event of a breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, limb or health.

Data protection
All documents and information received will be treated confidentially. Personal data is stored and processed in compliance with the Federal Data Protection Act.

Place of jurisdiction
The place of jurisdiction for registered traders and/or for deliveries abroad is Berlin. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Dispute resolution
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/ I am neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Severability clause
Should individual provisions of the contract, including these GTC, be wholly or partially invalid or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.