Terms and Conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
from
Irene Semerciyan
Menzelstraße 10/3/12
1210 Vienna
Email: info@thatmagicalmind.com
1. Scope of these general terms and conditions
These general terms and conditions (hereinafter "GTC") apply to the sale of all services and goods of all kinds offered by me on my website www.thatmagicalmind.com. Any deviating agreement is only binding if confirmed by me in writing.
2. Pre-contractual information
2.1. I do not offer medical treatment. The use of my services is not a substitute for a medical diagnosis and/or treatment. My services also do not replace psychological or psychotherapeutic examinations or treatments. They also do not constitute financial advice.
2.2. All statements and advice made by me are not a diagnosis, but are intended solely for educational, entertainment, and spiritual purposes.
2.3. The use of services by minors requires the written consent of a parent or guardian.
3. Subject matter of the contract
3.1. The services offered in the online shop are intended to impart knowledge on the topics of magic, esotericism, divination, spirituality, gemstones, and herbs. This knowledge transfer takes place in the form of documentation available online, which may consist of text, graphics, video recordings, and live video conferences (hereinafter referred to as "sessions" and "courses").
3.2. To access the courses and sessions, customers must register. The customer's email address will be used for this purpose.
3.3. I also offer various goods and jewelry. A detailed description of these products can be found in my online shop.
3.4. Unless expressly agreed upon when ordering, the customer has no right to receive answers to questions regarding the purchased product. Support is limited to questions relating to contract execution and organization.
3.5. Any accompanying teaching materials (e.g., course materials) will be provided to the customer exclusively in electronic form within the course area, by email, or for download. The customer has no right to receive the teaching materials in physical form.
4. Conclusion of contract
4.1. The offers in the online shop of www.thatmagicalmind.com (including upsell offers) represent a non-binding invitation to visitors to the online shop to submit an offer to purchase the goods or services offered. This also applies to individually tailored requests to submit an offer that the customer receives as a result of concluding a contract (upsells).
4.2. By submitting a paid order to me, the customer submits a binding offer to conclude a contract for the services/goods selected by him.
4.3. The contract is binding on both parties if I confirm the order in writing within four days. Furthermore, a contract for sessions or courses is only binding on both parties if the full price has been paid in advance.
4.4. The order is placed in the following steps:
a. The customer places the desired products in his virtual shopping cart.
b. The customer provides his/her name, address, email address and mobile phone number in the designated space in the online shop.
c. The customer selects one of the offered payment methods and the shipping method.
d. The customer has the opportunity to check his information before sending.
e. The customer will be shown the pre-contractual information for consumers in accordance with Section 4 FAGG and Section 5a KschG.
f. The customer clicks on the button “order with payment”.
g. The customer has the opportunity to complete his or her entries again.
h. The customer clicks on the button “order with payment”, which means that the order is sent to me in a binding manner.
i. By submitting the purchase offer, the customer accepts these General Terms and Conditions as binding for the purchase transaction.
I will confirm receipt of the customer's purchase offer. This order confirmation does not constitute my acceptance of the contract offer. Acceptance of the contract offer is only declared upon dispatch of the goods or through an express declaration of acceptance.
4.5 Orders will be processed in the order in which they are received.
4.6. To access the courses and sessions, customers must register. The customer's email address will be used for this purpose. Both sessions and courses are held exclusively online. An invitation and any course materials will be sent to the customer by email in good time before the start of the course.
5. Prices, payment terms and late payment
5.1. Payments are processed via the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "Mollie"). Mollie offers various payment methods, which are communicated to the customer in the online shop. These may include PayPal, SEPA direct debit, bank transfer, Klarna, credit or debit card, and other options. Mollie may use other payment services to process payments, for which special payment terms may apply. The customer will be informed separately about these if necessary. The use of certain payment methods may result in the transmission of personal data to the respective payment provider. Further information about Mollie and the payment methods offered can be found at https://www.mollie.com/de/. The prices displayed in the web shop at the time of the order apply. All prices include statutory VAT and exclude any applicable shipping costs.
5.2. I reserve the right, at my sole discretion, not to offer one or more of the payment methods listed in section 5.1.
5.3. If the customer purchases a product or service via the order form that includes installment payments, the customer grants us permission to use the selected payment method for each recurring installment. The amount of the payments to be made depends on the product purchased. The prices and the agreed payment period are always clearly stated on the order form.
5.4. In the event of a revocation of the contractual declaration by the customer or in the event of a reversal of the contract for other reasons, I will refund the fees already paid. For this repayment, I will use the same payment method that was used for the original transaction. If a SEPA mandate is issued, a simultaneous chargeback by the customer is therefore not necessary. I am entitled to request proof of the account holder's personal identity, such as a copy of an official document containing current address details. If the customer does not repay the unjustifiably received amount after a chargeback has been initiated and I have simultaneously repaid it after setting a reasonable deadline, I am entitled to request information from the customer's account-holding bank about the account holder's personal data in order to enforce our claims under civil law.
5.5. For orders and deliveries of goods to third countries outside the EU, any additional taxes, customs duties and other expenses shall be borne by the customer.
5.6. The fee for services, vouchers, and goods ordered through the webshop is due without deductions upon receipt of the invoice.
5.7 In case of late payment, either compensation for the actual damage incurred or 4% default interest may be claimed.
5.8. The customer will receive an electronic invoice with the order confirmation. The customer agrees that the invoice will be sent to them exclusively in electronic form. Corrections to an invoice will only be considered in justified exceptional cases. If the customer requests a correction of the invoice based on errors for which the customer is responsible, a correction and the associated change to the invoice will only be made if (a) the request for correction of the invoice is received by me from the customer within 14 days of the conclusion of the contract and (b) the correction concerns the recipient's name, street, and house number, which the customer inadvertently entered incorrectly when placing the order. Any additional costs incurred will be charged to the customer.
5.9. If payment by installments has been agreed with the customer and the customer defaults on an installment, I am entitled to terminate the agreement and demand immediate payment of the entire outstanding amount.
5.10. The fee for goods purchased via Instagram (Story and Live Sales) is due without deductions upon receipt of the invoice. Payment for the purchased goods must be made on the website www.thatmagicalmind.com using the link created for this purpose. Cancellation is excluded. Failure to pay an invoice will irrevocably exclude the respective person from future Instagram sales events.
6. Shipping costs
6.1. Products ordered in the online shop are shipped by the Austrian Post. The customer will be charged the respective Austrian Post transport costs for the required shipping method.
7. Delivery dates and delivery periods
7.1. Deliveries are only made to Austria, other EU countries, and third countries.
7.2 Unless otherwise stated in the order confirmation, the goods will be dispatched within seven to twenty-eight working days, depending on workload, after receipt of payment.
7.3. The agreed delivery dates may be exceeded by up to four to seven weeks. Only after this period has elapsed is the customer entitled to withdraw from the contract, subject to a reasonable grace period.
7.4. The customer will only be granted access to the courses after full payment of the entire fee.
8. Digital content
8.1. Upon binding submission of the order, a customer account will be automatically registered for the customer. Registration will be made using the email address provided by the customer.
8.2. After successfully placing an order and receiving payment, the customer can log in to the customer area of www.thatmagicalmind.com using their email address. No password is required.
8.3. Use of the customer area is permitted exclusively by the customer personally. Use by third parties is not permitted.
8.4. Should the operation of the internet platform through which the digital products are provided be discontinued, I will notify the customer as soon as possible. Upon the termination of operation of the internet platform by the provider, the customer loses access to the digital products they have purchased and waives any right to compensation or other provision of the content they have purchased. Liability for circumstances within the sphere of influence of the platform operator is excluded.
8.5. I may expand and adapt the digital content purchased by the customer at any time. I may restrict content under the following conditions: (i) the content is no longer current or no longer justifiable, (ii) the content in question is used only to a very limited extent, (iii) the cost of the content is grossly disproportionate to the revenue generated from it, (iv) the subcontractor providing the content in question ceases to provide the content, (v) the internet platform for the provision of digital content has been discontinued, (vi) only a limited period of use was offered, (vii) the provision of the content becomes impossible, and (viii) the customer defaults on payment.
8.6. If the customer defaults on one or more payments due, I am entitled to immediately block the customer's access to the online platform. The customer does not need to be notified in advance and is not entitled to any compensation. Once the customer has fully settled all outstanding payments and is no longer in arrears, the customer account will be unblocked within 14 days of the outstanding payments being settled.
8.7. Upon termination of the user agreement, the customer will no longer have access to the online platform and thus no longer have access to the ordered products. The customer loses their existing claim to the purchased products, as these can only be accessed via the online platform and the associated customer account.
9. Non-appearance and cancellation of sessions by the customer
9.1. Cancellation of sessions by the customer is only possible up to 48 hours before the start of the session.
9.2. Should the customer fail to attend an agreed session or course, the full fee must be paid regardless.
10. Rebookings, program changes and cancellations of courses
10.1. Due to the long-term planning of courses, I reserve the right to make changes to the program for organizational reasons.
10.2. If the required number of participants is not reached, the course start date may be postponed or the course may be canceled in whole or in part up to 24 hours before the start of the respective course unit. There is no entitlement to full or partial course holding.
10.3. In the event of cancellation of a course or individual course units without replacement, I will refund the fee pro rata.
10.4. The cancellation of individual course units does not affect the holding of the remaining course units.
10.5. I reserve the right to cancel sessions and courses at short notice for important reasons, such as force majeure or illness of the instructor.
11. Customer’s Obligations
11.1. The customer must ensure that the technical requirements for participation in sessions and courses are met in good time before the announced date. Should the customer's participation be impossible for reasons attributable to the customer (such as, in particular, technical defects or inadequacies in the IT resources used by the customer) and an immediate remedy cannot be provided by me or the customer, the customer must still pay the fee for the service not used as a result.
11.2. The customer must also ensure, in particular, that he or she can be contacted by me at the email address provided so that I can provide him or her with appointments and invitations.
11.3. The customer is not authorized to disclose his or her access data for courses and sessions to third parties without my prior written consent. In the event of a violation, I reserve the right to permanently deny the customer access to the customer area.
11.4. The customer is obliged to provide copies of official documents for identity and plausibility verification upon my request.
12. Protection of intellectual property
I retain the rights to use the courses, course materials, and other resources. Customers are authorized to use the acquired information and materials solely for their own personal use. Reproduction, adaptation, translation, provision, distribution, distribution, modification, live streaming, filming, screen recording, screenshotting, and distribution of paid content are only permitted with my express written consent.
13. Warranty and compensation
13.1. Liability in connection with my activities is limited to compensation for damages caused by gross negligence or intent, except for compensation for personal injuries.
13.2. Since some of the products offered in the webshop are handmade (ritual candles, spell jars, and that spiritual box), slight deviations (color, shape, and structure) from the images in the webshop may occur. Such deviations cannot be avoided, and no warranty claims can be derived from them.
13.3. The use of my services does not constitute a substitute for a medical diagnosis and/or therapy. My services also do not replace psychological or psychotherapeutic examinations or treatments.
13.4. No promises are expressly made regarding an improvement in the customer's medical condition or an improvement in the customer's psychological well-being.
13.5. The results of using my services may vary from individual to individual. I do not guarantee any specific results or successes, and I assume no responsibility for actions taken based on the information and services I provide.
13.6. Access to the digital content of the online platform may occasionally be restricted due to maintenance work. I assume no liability for any resulting temporary unavailability of the digital content.
14. Consumer’s right of withdrawal
14.1. If the customer is a consumer within the meaning of the Consumer Protection Act, he or she is entitled to withdraw from the contract within 14 days of delivery of the goods or from the conclusion of a contract for the provision of digital content (courses and sessions) without giving any reasons.
14.2. If the provision of digital content begins at the customer's request before the expiry of the 14-day cancellation period, the customer's right of withdrawal shall lapse after receiving legal advice about the consequences of the premature provision of digital content.
14.3. With regard to digital content, the customer hereby acknowledges that the first use of the digital content before the expiry of the withdrawal period will result in the loss of his right of withdrawal.
14.4 The right of withdrawal does not apply to sessions, courses, ritual candles and goods that are made according to customer specifications or are clearly tailored to personal needs, (ii) goods that can spoil quickly or whose expiration date would be quickly exceeded, (iii) goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery and (iv) goods that have been inseparably mixed with other goods after delivery due to their nature.
14.5. The direct costs of returning the goods are to be borne by the customer. Please note the cancellation policy in the appendix to these Terms and Conditions (Appendix ./1).
15. Confidentiality
All personal information that comes to my attention in the course of providing services will be treated confidentially and will not be passed on to third parties.
16. Final provisions
16.1. The place of performance is 1210 Vienna, Menzelstraße 10/3/12, or another location agreed in writing prior to the provision of the service.
16.2. If the customer has their place of residence or habitual abode in Austria or is employed in Austria, the statutory domestic jurisdiction applies. If the customer does not have their place of residence or habitual abode in Austria or is not employed in Austria, the competent court in Vienna's Inner City district shall have jurisdiction, provided this does not restrict any mandatory international provisions.
16.3. This contract shall be governed by Austrian substantive law, excluding the conflict of law provisions of private international law. This choice of law shall apply only to the extent that it does not restrict any mandatory statutory provisions of the customer's country of residence.
16.4. The contract language is German.
16.5. All legally binding declarations based on these Terms and Conditions or individual agreements subject to them must be made in writing to the last known address of the other contracting party. If a declaration is sent to the last known address of the contracting party, it shall be deemed to have been received by the other contracting party.
Attachments:
./1 Withdrawal instructions for consumers Appendix ./1 to the General Terms and Conditions of Irene Semerciyan Withdrawal instructions for consumers You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall expire after fourteen days from the day on which you, or a third party other than the carrier designated by you, takes possession of the goods, and in the case of digital services, from the day the contract is concluded. To exercise your right of cancellation, you must notify me (Irene Semerciyan, Menzelstraße 10/3/12, 1210 Vienna, email: info@thatmagicalmind.com) of your decision to cancel this contract by means of an unambiguous declaration (e.g. a letter sent by post or email). You may use the attached model cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of your exercise of the right of cancellation before the cancellation period has expired. The right of withdrawal expires prematurely for contracts for the provision of digital content if we have begun to fulfill the contract after you have expressly consented to us beginning to fulfill the contract before the expiry of the withdrawal period, you have confirmed to us that you are aware that by giving your consent you will lose your right of withdrawal upon commencement of the contract fulfillment, and we have provided you with a confirmation of the contract on a durable medium, which sets out the contract content, including the aforementioned conditions for the premature expiration of the right of withdrawal. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
Consequences of revocation
If you cancel this contract, I will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by me), promptly and at the latest within fourteen days from the date on which I received notification of your cancellation of this contract. For this refund, I will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. I may refuse to refund until I have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You will be responsible for the direct cost of returning the goods. Sample cancellation form If you wish to cancel the contract, please fill out this form and return it to:
Irene Semerciyan, Menzelstraße 10/3/12, 1210 Vienna;
Email: info@thatmagicalmind.com;
I/we hereby revoke ………………………………………………………….. the
concluded contract for the purchase of the following goods / services
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Signature
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