AGB - general terms and conditions
Cosmic Flow™
1. AREA OF APPLICATION AND SUBJECT OF THE GENERAL TERMS AND CONDITIONS (hereinafter referred to as GTC):
The terms and conditions of Cosmic Flow GmbH and all brands of Cosmic Flow GmbH, such as Cosmic Flow™, Derya Kara Energy-Work, Yogandy Yoga, Urban Tribe Alchemy, Crystalbalm, include all activities, products, services and advice, workshops, training, holidays or Cosmic Flow GmbH retreats and/or conclusions of contracts not mentioned, which are related to mentioned business activities.
Cosmic Flow GmbH offers fee-based services and products in areas such as consulting, counseling, marketing, yoga, yoga therapy, energy counseling and energy healing work, breath work, products of a non-medical but cosmetic nature, organization of spiritual events and spiritual advice. Of particular note is the range within the YOGA area.
The present General Terms and Conditions apply to the purchase of any services and/or products by customers and/or participants, as individuals or groups (hereinafter referred to as customer(s)) who in any way, inter alia, by telephone, email, Internet, mobile , shops, sales outlets, online shops, booking platforms etc. are obtained from Cosmic Flow GmbH.
Customer(s) is any natural or legal person who uses services provided by Cosmic Flow GmbH or who has registered with Cosmic Flow GmbH to obtain such services.
By using one or more services or offers, the customer(s) irrevocably agrees to the application of these General Terms and Conditions. Our general terms and conditions also apply in principle in full and in addition/deviatingly to offers/services/products abroad.
2. GENERAL
2.1
When purchasing a product from Cosmic Flow GmbH, or for conducting all yoga courses, workshops, training sessions, events, individual lessons, private and/or group yoga lessons, as well as other events, including yoga holidays or retreats or for advice on marketing, Creation of media plans, marketing consultations, training courses, workshops, on an individual appointment or project basis with defined periods or for an indefinite period of time or in the case of consultations in the field of energy work, therapeutic work such as Thai yoga massage, movement therapy, etc., the following general terms and conditions apply as agreed. At the latest with the binding registration or upon purchase, these terms and conditions are considered legally binding and accepted by the customer(s).
2.2
Amendments to these General Terms and Conditions are fundamentally excluded and, in the case of deviating special agreements, are only effective if they have been agreed in writing.
Any changes to the terms and conditions agreed in this way are only valid for the respective legal transaction, expressly not for follow-up transactions or new registrations after the end of a yoga course, workshop, one-on-one private lesson, marketing and media consulting and implementation, energy coaching and/or therapeutic work, whatever the products purchased by Cosmic Flow GmbH or the respective event(s) (described comprehensively in point. 2.1, General, of these General Terms and Conditions).
3. SCOPE OF SERVICES
The services include: conception, design, production, consulting, alignment of, according to Nice classification: (3) non-medicated cosmetics and cosmetics: non-medicated dentifrices; perfumery, essential oils; washing and bleaching preparations; cleaning, polishing, scouring and abrasive preparations. (41) education; Education; Entertainment; sporting and cultural activities; coaching (44) Chiropractic, physiotherapy, acupuncture, osteopathy, sports medicine, massage and paramedicine services. (45) legal services; Security services for the protection of property
or persons: detective services; Babysitting: escort
of people as shareholders, mediation: marriage brokerage, mediation of acquaintances: creation of horoscopes; Funeral services, carrying out cremations, organization of religious events: rental of clothing: spiritual advice as well as marketing and media advice in the field of advertising in general and explicitly the implementation and organization of yoga and yoga holidays, yoga classes, individual lessons, group yoga and workshops at home and Abroad, Energy Work and Therapeutic Body Work.
4. COSTS, PRICES AND PAYMENT TERMS
4.1
The current costs for the entire range of services are based on the current conditions on the websites:
for all services and products described under 2.1 as well as special flyers, discount coupons, brochures, etc. and will be made available in writing on request.
4.2
Registrations, reference, purchase for all offers are legally binding with their deposits, physical payment by e-mail, online reservation, SMS, post or paid reservation.
Telephone registrations and/or reservations are confirmed by email, upon receipt of the confirmation email by the customer(s), these become legally binding and can be invoiced.
After the reservation and/or registration has been received, an invoice for the payment will be created and sent to the recipient(s).
The payment date listed there is binding.
Alternatively, online payments by credit card are possible free of charge. Attention, failure to pay the agreed invoice amount does not constitute cancellation, assignment of purchase or cancellation.
4.3
Unless otherwise agreed or specified, payment is made before the start of the course, the individual lesson, the consultation with an EC card, credit card or online via app or website or in cash. Monthly payments can be agreed for long-term projects.
5. CONDITIONS AND CANCELLATION POLICY (REFUND)
5.1 Yoga classes or energy work subscription (hereinafter yoga subscriptions)
Yoga subscriptions expire after their expiry date, are personal and non-transferable. Yoga subscriptions are valid from the date of purchase.
Paid course fees for yoga subscriptions are non-refundable.
Monthly subscriptions can be canceled due to holidays or absences for professional reasons, which last continuously longer than two (2) weeks, be paused for the advertised duration if this absence is communicated in writing in advance. Subsequent pauses are not possible. In the event of illness, an accident or pregnancy, provided that no services were obtained at the certified time, upon presentation of a doctor's certificate, the term of all subscriptions can be paused accordingly.
Changes in the timetable or in the teaching staff can be made at any time. There is no entitlement to a refund.
5.2 Yoga classes, energy treatments, yoga therapy, movement therapy, talk therapy as an individual lesson (hereinafter individual appointments)
Individual appointments are personal and non-transferable, but can be canceled at least 24 hours before the start. Paid individual appointments will not be refunded if the cancellation policy has not been complied with.
In the event of illness, an accident or pregnancy, provided that no services were obtained at the certified time, an appointment can be postponed accordingly upon presentation of a medical certificate.
Changes on the Cosmic Flow GmbH website can be done at any time. There is no entitlement to a refund.
5.3 Marketing media consultations, website creation, etc.
Marketing consultations, media planning, special and departmental work of a strategic and/or operational nature are presented to the customer(s) for examination in the form of concrete offers (offers). These offers are used for hourly and effort calculation. If the buyer(s) are completely or factually unknown to Cosmic Flow GmbH, Cosmic Flow GmbH reserves the right to issue an advance invoice for at least 25% of the first agreed invoice.
If an offer is signed, 25% of the first invoice or the total amount is due. This is excluded from any refund. Otherwise, the payment period of 30 days must be observed.
Changes on the Cosmic Flow GmbH website can be done at any time. There is no entitlement to a refund.
5.4. Workshops or training (namely teacher training)
If you are prevented from participating in workshops or training courses, the participant has the option of finding a replacement. This should be done in writing by e-mail, stating the surname/first name and e-mail address of the substitute.
Cancellations are associated with administrative effort. Alternatively, the course fee can be partially waived depending on the time of deregistration. Cancellations must be communicated in writing.
The waiver or refund of the course fee is regulated as follows:
logout time cancellation fee
up to 90 days before the start of the event: 25% of the course fee
up to 15 days before the start of the event: 50% of the course fee
Less than 15 days before the start of the event: 100% of the course fee
Lessons not attended cannot be made up for and will not be refunded. In the event of absence (illness, professional stress, other reasons) or if the workshop or training is terminated, there is no entitlement to a reduction or refund.
5.5 The Unforeseeable
Cosmic Flow GmbH reserves the right to cancel appointments - even at short notice - in the event of illness or the unforeseeable, or to be represented by a suitably qualified person. Participants will be informed of a failure as soon as possible by email or telephone, with the exception of unforeseeable failures. If the course is cancelled, the subscriptions can be extended accordingly.
5.6 Reservation Policy
A valid tariff (subscription or single class) is required for online registration.
This can be purchased by credit card when registering online or reserved for cash payment on site.
Registrations cannot be made without a valid tariff (subscription, individual class, individual session, appointment). The purchase of a tariff (subscription or single class) is possible with the Cosmic Flow GmbH offers and in mobile use with card, cash or Twint.
5.6.1 YOGA in group classes:
Once registrations have been made, they can be canceled up to 2 hours before the start of the class via the online reservation system (website). Registrations and cancellations by phone or email cannot be considered. In the case of late cancellations and no-shows, the class will be deducted from the subscription without notification. Persons with monthly subscriptions who register repeatedly and do not appear lose their right to reserve.
If the desired class is fully booked, the customer can enter himself on the waiting list for the corresponding class. If someone cancels their registration for this class, all customers on the waiting list will receive a push notification that a place has become available. The registration process then takes place as usual with the booking of the class via the existing booking system (WIX platform from YOGANDAY.NET ) according to first come first serve. The registration on the waiting list is non-binding, only the booking of the lesson is obligatory.
The classes can also be attended without prior registration. In this case, we recommend being in the studio at least 15 minutes before the class starts. Cosmic Flow GmbH cannot guarantee free places.
5.6.2 ALL INDIVIDUAL APPOINTMENTS except Marketing
Registrations for appointments that have been made can be canceled free of charge up to 24 hours before the start. The appointment will then be charged in full and at 100%.
5.6.3 Marketing & Media
All projects can be canceled up to 30 days before the start at a fee of 25% on the first quote invoice. Otherwise, the mutually recognized conditions from the provisions of the special agreement apply.
Special agreements are drawn up separately.
5.7 Feasibility and Feasibility of Courses and Training
In order to be able to conduct our courses under optimal conditions, we set a minimum and maximum number of participants depending on the event/course. If the number of participants is insufficient, the course will usually not be held and the course costs will be reimbursed.
5.8 Discounts and special conditions
Students up to the age of 25 and the unemployed receive a 15% discount on subscriptions upon presentation of a valid ID. The discount cannot be combined with other promotions or discounts.
6. ELIGIBILITY, OWN RESPONSIBILITY
6.1 Personal responsibility and clarifications
Before participating in any offer of Cosmic Flow GmbH, each participant must fill out an online registration or a registration form.
By accepting the terms and conditions, the participant confirms that there are no health concerns preventing participation in yoga lessons or bodywork from Cosmic Flow GmbH. Self-responsibility and normal mental and physical resilience and condition are required for all courses, yoga classes, individual lessons, private yoga, events, training, treatments and workshops.
In the case of acute physical or mental problems, a doctor should be clarified beforehand to determine whether offers such as yoga, therapy, etc. make sense at this point in time. Yoga courses and energy work as well as body work can have a healing effect on physical, mental and psychological well-being. However, they do not constitute medical or psychotherapeutic treatments.
6.2 Information Obligation
Existing mental or physical health restrictions as well as an existing pregnancy must be reported to the course management at the latest at the beginning of the course/workshop/event. Should a health restriction or pregnancy occur during the course/event/workshop, the course management must be informed immediately.
Each participant takes part in these courses on their own responsibility, so that it is also at the discretion of the respective participant to obtain medical advice before participating in the courses/events/workshops. If a course participant has doubts about their health or mental suitability for participation, it is recommended that they seek appropriate expert advice before registering.
7. LIABILITY YOGA AND THERAPY
7.1
The Cosmic Flow GmbH, as well as the teachers, therapists, consultants etc. assume liability for the proper implementation of the booked offer within the framework of the statutory warranty provisions.
Any further liability, in particular under the heading of compensation for damages, is expressly excluded. Cosmic Flow GmbH therefore assumes no liability of any kind, in particular no liability in the event of concealment of any physical or mental illnesses that make participation in the yoga events/workshops appear inadvisable.
The course management reserves the right to refuse participants if the course management believes that the health or psychological requirements for participation in the course are not met. This refusal can also be made at short notice or even during ongoing courses. If the participant is rejected, the course fee will be reimbursed (pro rata) to the participant.
7.2 Use
The use of the course premises and offers is at the participants' own risk. No liability is accepted for valuables brought by participants.
7.3
For all yoga courses, events and holidays/retreats organized by Cosmic Flow GmbH, we exclude any liability for damage incurred. You are therefore responsible for sufficient insurance cover yourself. Cosmic Flow GmbH cannot be held liable for theft or loss of items.
8. MARKETING CONSULTANCY
8.1
Cosmic Flow GmbH and the consultant assume liability for the proper implementation of the booked offer within the framework of the statutory warranty provisions.
Any further liability, in particular under the heading of compensation for damages, is expressly excluded.
Cosmic Flow GmbH therefore assumes no liability of any kind, in particular no liability in the event of concealment of any downstream hurdles from missing IT authorizations, IT access, slowdowns by the client, problems that lead to limited ability to act, incomplete project information (goals, budgets, schedules , media types, CDCI material, project description, start and end date of the project, unspecific, undocumented and mutually approved expectations, downstream project and order components that have not been agreed and documented in writing and approved by all parties.The list is not exhaustive but binding.
If deadlines are not met by the client, no liability claims arise if this also makes the projects that are realized by Cosmic Flow GmbH impossible, slowed down or disturbed.
Cosmic Flow GmbH reserves the right to reject clients if Cosmic Flow GmbH believes that the factual, ethical, moral, financial, communicative, project management and functional requirements for the implementation of the project or order are not met. This refusal can also be made at short notice or even during ongoing projects. If the client rejects the project, the proportionate project fee for the current billing period will be reimbursed to the client, usually monthly on an hourly basis, provided that all invoices paid up to the time of rejection have been paid. Project and order fees that have already been paid for services rendered will not be refunded and any claim by the client to them will be forfeited.
8.2 Price Changes/Adjustments
In exceptional cases, the agreed price may have to be increased. Price increases may arise for the following reasons:
– price increases ordered by the state (e.g. VAT)
– Exchange rate changes
– Additional involvement of specialists
If Cosmic Flow GmbH has to change the prices for the reasons mentioned, you will be informed of this price increase in good time 4 weeks before the start of the next billing period in the form of a new offer. If the price increase is more than 10 percent, you have the right to withdraw from the contract free of charge within 5 days of receiving this notification.
9. YOGA- Energy - Cosmic Flow™ HOLIDAYS / YOGA RETREATS / WORKSHOPS in external accommodation
9.1 Registration and Booking
Registration is via email to: mail@cosmicflow.ch .
After the registration has been received, participants will receive a proper e-mail confirmation including an invoice for this specific offer (YOGA-Energy-Cosmic Flow™ HOLIDAYS / YOGA RETREATS / WORKSHOPS in external accommodation).
The payment date listed there is binding. Registration is binding and obliges you to pay the holiday allowance.
Failure to pay the holiday allowance does not count as deregistration.
If the number of participants is limited, registrations will be considered in the order in which they were received. The receipt of the transfer counts.
9.2 Terms of Payment
The total amount of the trip is due upon registration.
9.3 Conditions of withdrawal/cancellation costs
The reservation is definitive and binding from the time of booking. In the case of a travel cancellation, a refund is excluded. The participant has the option of naming a substitute participant. This must be done at the same time as the cancellation. A processing fee of CHF 100 will be charged as well as any rebooking costs. It is the responsibility of the participant to take out travel cancellation insurance and international health insurance.
9.4 Program Changes
Program and changes to individual services (accommodation, travel companions, yoga teachers, therapists, means of transport) due to unforeseeable circumstances or safety reasons are expressly reserved and are hereby recognized by the customer.
In this case, any additional costs shall be borne by the traveler. Cosmic Flow GmbH endeavors to offer equivalent replacement services.
9.5 Immigration Formalities
Swiss passport or identity card must be valid at least until the return date. We recommend that citizens of other countries inquire about entry formalities at the consulate or embassy of the country of entry. We recommend that you ensure your passport is valid for at least 6 months beyond the return date. Compliance with entry requirements is the responsibility of the participant.
Please note that Cosmic Flow GmbH assumes no liability for non-compliance with regulations and the associated expenses, e.g. in the event of denied entry. Please inform yourself independently about changes in the regulations before your departure.
9.6 Price Changes/Adjustments
In exceptional cases, the agreed price may have to be increased. Price increases may arise for the following reasons:
– price increases ordered by the state (e.g. VAT)
– Exchange rate changes
If Cosmic Flow GmbH has to change the prices for the reasons mentioned, you will be informed of this price increase no later than 3 weeks before departure. If the price increase is more than 10 percent, you have the right to withdraw from the contract free of charge within 5 days of receiving this notification.
9.7 Travel cancellations by Cosmic Flow GmbH
We reserve the right to cancel travel at short notice due to force majeure, official measures or strikes. A trip can also be canceled up to 30 days before the start of the trip if the minimum number of participants is not reached. In this case, the paid travel price will be fully refunded. Further claims cannot be asserted.
9.8 Premature termination of the trip by the participant
If for any reason the participant has to interrupt the trip prematurely, the price of the travel arrangement will not be refunded. The travel or course leader will help you as much as possible with the organization of the early return journey. Any additional costs are at the expense of the participant.
9.9 Liability
In any case, the liability of Cosmic Flow GmbH is limited to the amount and scope of the agreed offer and only includes the direct damage. Cosmic Flow GmbH will reimburse you for the loss of agreed services if it was not possible to provide an equivalent replacement service on site.
Cosmic Flow GmbH is not liable if the non-fulfillment or improper fulfillment of the contract is due to the following causes:
– if the participants fail to do so before or during the trip
– to unforeseeable or unavoidable omissions by a third party who is not involved in the provision of the contractually agreed service.
- Force majeure or an event which Cosmic Flow GmbH, the agent or the service provider could not foresee or avert despite due care.
9.10 Personal and Health Requirements
Good health and a stable mental state are required for travel. The participant takes part on his own responsibility and undertakes to inform the course management about any physical and/or mental impairments. Before participating, he may seek the advice of an appropriate doctor or psychotherapist. If a participant does not meet the physical or psychological requirements, the tour guide can exclude the participant from the (further) trip. Return travel costs etc. are at the expense of the participant and the travel price paid cannot be refunded.
9.11 Travel Insurance
Insurance is the responsibility of the participant in every respect. We advise each participant to take out the following insurance: travel cancellation insurance, health and accident insurance.
9.12 General Insurance Provisions
For all yoga courses, events, workshops and yoga holidays/retreats organized by Cosmic Flow GmbH, we exclude any liability for damage incurred. You are therefore responsible for sufficient insurance cover yourself. Cosmic Flow GmbH cannot be held liable for theft or loss of items. In any case, it is up to the participants in their country of domicile to have adequate health and accident insurance with coverage in Germany and abroad.
9.13 Program and Price Changes
We reserve the right to make program and price changes as well as changes to the General Terms and Conditions.
10. PLACE OF PERFORMANCE, JURISDICTION, GOVERNING LAW
10.1
The registered office of Cosmic Flow GmbH Stockerstrasse 58, 8002 Zurich/ZH is agreed as the place of performance for all obligations. The place of performance is therefore Zurich/ZH.
10.2
Swiss law applies; an arbitration board in Zurich will be consulted in the first instance for any disputes. Further discrepancies, which cannot be resolved with the arbitration board, the exclusive jurisdiction of the respective court in Zurich is agreed within the framework of their respective jurisdiction.
10.3
Should individual partial provisions of these general terms and conditions, as well as any individual contracts to be concluded, be or become void, ineffective or contestable, the remaining (partial) provisions remain unaffected and must then be interpreted or supplemented in such a way that the intended economic purpose is as precise as possible from a legal point of view is reached.
10.4
Oral ancillary agreements are not made. Changes and additions to these terms and conditions and all membership contracts must be in writing.
11. PRIVACY
The course management, counseling and therapists undertake to treat personal data and information confidentially and not to pass them on to third parties. An exception to this is the transfer of data to employees and business partners for organizational reasons. The participant also undertakes to treat information about other course participants as confidential, especially in the case of group events. You can find more information in our Privacy Policy.
12. MISCELLANEOUS/MISCELLANEOUS
Cosmic Flow GmbH uses photos of events on its own websites or on social media on which any participants can be identified. If this happened against the will of a person, he/she can order Cosmic Flow GmbH to remove his person from the picture. Further and own claims cannot be asserted.
13. COPYRIGHT AND TRADEMARKS
The trademark protection for Cosmic Flow is awarded by Cosmic Flow™.
The copyright lies with © Cosmic Flow GmbH. All pages and content enjoy copyright protection. Imitations of any kind represent a violation of copyright law and will be prosecuted and oblige you to pay damages.
© Cosmic Flow GmbH | MARCH 2022