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Notice: The AGB below is currently being revised and subject to change.
Scope
All deliveries from Debra Marie Elder (hereinafter “Debra Marie”) to consumers are subject to these General Terms and Conditions (GTC).
A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
Contracting Party
On the basis of these General Terms and Conditions (GTC), the contract is concluded between the customer and Debra Marie Elder, (hereafter “Debra Marie”).
Address: Oberstraße 3, 47829 Krefeld, Deutschland/Germany
VAT ID: DE-367512467
Subject of the Contract
Debra Marie offers her customers the opportunity to use psychic-medium services. The services are provided on the phone or zoom via conversations and energy work.
Debra Marie does not offer esoteric services such as Tarot card reading, crystal ball reading, palm reading, tea leaf reading, astrology, among others.
Debra Marie assures that all interactions with the client are strictly confidential. In addition, Debra Marie assures that there will be no abuse or exploitation of the client's individual and personal circumstances.
Conclusion of the Contract
The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to place an order. The contract is only concluded in electronic business transactions via the shop system.
By clicking the [Purchase] button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when your order is accepted with an order confirmation email immediately after receipt of your order.
The ordering of the service is chargeable. Depending on the service, there are costs between €20 and a maximum of €160 per order, including VAT. The contract is concluded with the sending of the order confirmation.
Duration of the Contract
The contract has a term of one session/meeting/call per order, the duration of which is selected by the customer when booking.
The Customer understands and agrees that there may be a delay of up to approximately 10 minutes from the agreed start time of the Services.
The ordered services will be provided by Debra Marie subject to the applicable warranties provided herein.
Drafting of the Contract
Direct access by the customer himself to the stored contract text is not possible.
Right of Withdrawal and Customer Service
For the right of withdrawal and customer service, see separate page of this website entitled “Cancellation Policy”.
Prices and Delivery Costs
The ordering of the service is chargeable. Depending on the service, there are costs between €20 and a maximum of €160 per order, including VAT. In addition to the final prices, there are no further costs. The price corresponds to the costs that are displayed before the order is placed.
Terms of Payment
The customer has the following payment options: Bank transfer / Payment in advance.
Advance transfer: The invoice amount must be transferred in advance, i.e., be paid upon check-out. The link to a zoom meeting is only sent to the customer after the money has been successfully transferred. Debra Marie will not perform services that have not been paid for in advance.
The following payment service providers are offered:
· Paypal
· Stripe (Giropay, credit card, SEPA direct debit)
If Debra Marie does not reach the customer at the booked time under the specified zoom link/telephone number, Debra Marie will offer a choice of a maximum of three alternative appointments within 14 days, to which the customer can agree. If the customer does not agree to these dates, the right to a refund of the purchase amount expires.
Escrow service/payment service provider
The invoice amount must be transferred in advance to the account specified there after receipt of the invoice, which contains all the information for the transfer and is sent by email. When using an escrow service/payment service provider, this enables the provider and customer to process the payment between themselves. The escrow service/payment service provider forwards the customer's payment to the provider. Further information can be found on the website of the respective escrow service/payment service provider. The invoice amount can also be paid in cash at the provider's business premises during normal office hours, after deducting the shipping costs taken into account. The customer is obliged to pay or transfer the amount shown to the account specified on the invoice within 5 days of receiving the invoice. Payment is due from the invoice date without deductions. After the payment deadline, which is therefore determined by the calendar, the customer is in default even without a reminder. The customer's right of retention that is not based on the same contractual relationship is excluded. Offsetting against customer claims is excluded unless they are undisputed or legally established.
Terms of Delivery
The consultation/session takes place on the agreed date of the customer's choice. The zoom link, if applicable, via which services are provided, will be sent to the customer by e-mail after receipt of payment has been confirmed. If services are to be provided by telephone, Debra Marie will call the client from a private phone number. Debra Marie will provide the service on the date and time selected by the customer after receipt of the order.
If the customer does not show up for the Zoom meeting or answer the phone call from Debra Marie, Debra Marie will email the customer and attempt to reschedule. Attempts to contact the customer are limited to 2 email notifications. The standard delivery time is the booked date, unless otherwise stated in the item description.
Warranties and Guarantees
The services provided by Debra Marie are not intended to be comparable to or to replace professional advice from relevant licensed professionals, including but not limited to: medical, psychological, legal, financial or tax professionals. In addition, Debra Marie expressly forbids providing any specific medical, psychological, legal, financial or tax advice. Debra Marie accepts no responsibility for the actions of customers based on the advice she has provided. The sole responsibility for any such action rests with the customer.
The services listed above are intended for use only by the customer engaging in the contract for services. The services are of a type for which there is no empirical evidence, scientific or technological, which proves the basis and effect thereof. Rather, such services are dependent on an inner conviction, or a belief to that effect of the contracting parties. Therefore, Debra Marie points out that the services are not intended for third parties whose beliefs or attitudes may not correspond to that of the customer and Debra Marie.
The services and advice offered by Debra Marie may not be suitable for everyone. A client’s suitability may be determined at the discretion of Debra Marie, and as such Debra Marie reserves the right to discontinue or refuse services to a client at any time. A clear and rational explanation for the determination of a client’s suitability for services may not necessarily be able to be provided. Should Debra Marie determine or discover that a customer is using the services/advice offered in a manner that is not responsible, appropriate, controllable or otherwise, then Debra Marie reserves the right to refuse any and all future services to said customer(s).
Client Responsibility or Duties
Services are intended only for persons over the age of eighteen (18). By purchasing the services, the client is guaranteeing that he/she is over the age of eighteen (18).
Services are not advisable or suitable for customers with any type of psychological disorders or who are under the influence of any mind-altering medications or drugs.
By entering into a contract for services with Debra Marie, the customer assures that he/she is, at a minimum:
· psychologically and emotionally stable
· has no serious mental illnesses or disorders
· is not taking any mind-altering or impairing medication
· is not under the influence of drugs or alcohol
The client understands that the services provided are not regulated under any particular legal branch.
Customers may not record the consultations without Debra Marie’s pervious consent. Any consultations for which consent to record is given, may not be published and/or publicized without the consent of Debra Marie.
Debra Marie will not allow or tolerate any type of abuse during a session. This includes, but is not limited to the follow:
· “testing” of Debra Marie’s abilities
· Deliberate falsification of one’s own person/self
· Rude, impolite, aggressive, insulting, demanding, combative or belligerent behavior.
If any such actions or behaviors are exhibited by the client, Debra Marie reserves the right to end the session at any time, without refund.
Legal Statements
According to the Fortune Teller Ordinance of March 26, 1954 (valid for the federal states of Rhineland-Palatinate, North Rhine-Westphalia, Bremen, Bavaria): No guarantee can be given for the statements made from the cards and clairvoyance (as with astrology and lottery). No statements may be made about health, death and/or legal matters.
The Federal Constitutional Court already ruled on March 2nd, 2004 (AZ: 1 BvR 784/03) in favor of the healers/consultants: Anyone who activates the self-healing powers of the patient and does not make any diagnoses does not need a non-medical practitioner permit.
However, the prerequisite for such an activity without a naturopathic license is: The healer/consultant must inform his patients in writing that his activity does not replace the activity of the doctor. This is hereby done. Each participant bears full responsibility for him- or herself and his/her actions within and outside of the consultations.
For all energy work, life coaching and mediumistic readings. The client pays for any damage caused to him- or herself and releases Debra Marie from all liability claims.
Language, Jurisdiction and Governing Law
The contract will be drawn up in the German language. The further execution of the contractual relationship takes place in the English language, unless otherwise agreed to. An English-language version of the General Terms and Conditions is available for non-German-speaking customers. However, the German-language contract and the terms and conditions are the only versions that are enforceable under German law.
The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies to the extent that it does not restrict any legal provisions of the country in which the customer has his domicile or habitual abode.
Adjustments to the Terms and Conditions
Debra Marie reserves the right to adjust the Terms and Conditions at her discretion, including but not limited to, changes to the prices for her services.
Disclaimer
Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies in favor of the provider's legal representatives and vicarious agents if the customer asserts claims against them.
Excluded from the specific exclusion of liability are claims for damages due to injury to life, body or health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. Also excluded from the exclusion of liability is liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
Severability Clause
The invalidity of a provision of these terms and conditions has no effect on the validity of the other provision.
Dispute Resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts.
More information is available at the following link: http://ec.europa.eu/consumers/odr.
I am neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Intuitive Life Coach - Psychic Medium - Empath
Oberstraße 3, 47829 Krefeld, Deutschland/Germany
Copyright © 2023 Debra Marie Elder – Alle Rechte vorbehalten.
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