Phone: +43 680 30 97 431  |  Email: elisabeth@happycouples.at

Terms and Conditions

General

The subject of these General Terms and Conditions (GTC) are all offers and services of Elisabeth Herrera Asencio. By using an offer or service, users unreservedly accept the stated terms and conditions in all respects.

All services provided by Elisabeth Herrera Asencio are generally open to all interested parties, unless otherwise stated (exceptions: see Liability). There is no legal entitlement to the use of services.

 

Prices

The prices can be found in the respective sections on the website and do not include VAT due to the small business regulation and therefore correspond to a VAT-exempt supply according to $6 para. 1 no. 27 UStG 1994.

Reduced prices or social tariffs are possible on request and in a limited contingent.

For cooperation with organisations or for individually adapted formats, prices are available on request.

 

Cancellation regulations

Individual sessions can be cancelled in writing or by telephone up to 24 hours before the date agreed in writing or verbally. Cancellations under 24 hours will be charged in full.

Participation in workshops, trainings or supervision can be cancelled in writing or by telephone up to 72 hours before the date agreed in writing or verbally. Cancellations under 72 hours will be charged.

 

Liability

The use of my services is at my own risk and peril.

Psychosocial counselling does not replace psychotherapy, psychological or psychiatric treatment, diagnosis or medical treatment. Diagnosing the treatment of mental illness does not fall within my area of work.

 By booking a consultation or coaching, clients make a binding declaration that they are mentally healthy or that they inform me about mental illness diagnoses.

The services offered cannot be regarded as therapy or cure and do not replace medical care or prescription of medication. I am entitled to deny clients and participants participation in counselling, coaching, workshops or trainings.

Online Shop

 
  • 1 Validity, Definitions

(1) Happy Couples Intercultural Counselling, Lerchenfelder Gürtel 16/11, 1070 Vienna, Austria (hereinafter referred to as “we” or “HappyCouples”) operates an online shop for digital goods at https://happycouples.at. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into liabilities.

  • 2 Conclusion of contracts, storage of contract text

(1) The following provisions regarding the conclusion of contracts apply to orders placed via our online shop at https://happycouples.at.

(2) Our product descriptions on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

  1. Selection of digital goods,
  2. Adding the products by clicking on the corresponding button (e.g., “Add to cart,” “Add to shopping bag,” or similar),
  3. Checking the information in the shopping cart,
  4. Calling up the order overview by clicking on the corresponding button (e.g., “Proceed to checkout,” “Proceed to payment,” “To the order overview,” or similar),
  5. Enter/check the address and contact details, select the payment method, confirm the terms and conditions and cancellation policy.
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirm a negative quality agreement.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by spam filters.

  • 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

  1. The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our product pages.

(2) The essential characteristics of the digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly stated in the item description (negative quality agreement). If the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

(3) The sale of digital products is subject to the restrictions specified in the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment.

Unless expressly agreed otherwise, the subject matter of the contract is solely the private and commercial use of the products without the right to resell or sublicense them.

  • 4 Prices, shipping costs, and delivery

(1) The prices and shipping costs stated in the respective offers are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, payment claims are due for payment immediately.

(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, in the shopping cart system, if applicable, and again in the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate shipment (delivery time: max. 24 hours after receipt of payment).

(5) The following delivery restrictions apply: Delivery is available to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.

(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of delivery if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions set out in our withdrawal policy shall apply to the costs of return.

  • 5 Right of retention

(1) You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.

  • 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.

  • 7 Contract language

The contract language is exclusively German.

  • 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence.

(2) We shall be liable without limitation for slight negligence in the event of injury to life, limb, or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for property damage and financial loss attributable thereto is limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you can regularly rely. This includes, in particular, our obligation to take action and fulfill the contractually owed performance described in § 3.

(3) If, when purchasing goods with digital elements or digital products (digital content and services), the customer fails to install an update that has been made available to them and about whose availability they have been informed within a reasonable period of time, we shall not be liable for any material defect that is solely attributable to the lack of this update.

  • 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) The warranty period for delivered goods is 12 months for businesses.

(3) As a consumer, you are requested to check the goods/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course have no effect on your statutory warranty claims.

  • 10 Final provisions/dispute resolution

(1) Austrian law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

 

 

Cancellation policy for online products

When using the online shop, the following special provision for digital content applies (Section 18 (1) (11) FAGG):

The right of revocation generally applies, but does not apply (Section 18 (1) (1) and (11) FAGG) to digital content that is not delivered on a physical data carrier (e.g., downloads) if the entrepreneur has begun to fulfill the contract. Contract fulfillment begins immediately after purchase.

There is no performance period for digital content. Therefore, the right of withdrawal does not apply if the consumer agrees to immediate performance (before the expiry of the withdrawal period), immediately (and not only after complete performance).

By purchasing the product, you expressly agree to this special provision and acknowledge that you lose your right of withdrawal by the premature commencement of the performance of the contract.