General Terms and Conditions (GTC)
Below are our general Terms & Conditions. By accessing or using any of our products or services, including our websites or other online platforms, you agree to comply with and be legally bound by the terms and conditions outlined here (last updated on October 14th, 2024). If you do not agree with any of these terms, please refrain from using our website.
1. Scope
These General Terms and Conditions (GTC) apply to all contracts for the booking of online training between Anna Falcoianu (hereinafter “Provider”) and consumers (hereinafter “Customer”), which are concluded via the website www.chieficeofficer.com.
2. Conclusion of Contract
The contract is concluded when the customer selects the online training displayed on the provider’s website and submits a binding order by clicking the “Book Training” button. The provider confirms receipt of the order via email.
3. Service Description
The content of the online training, its scope, and the respective technical requirements are detailed in the product description on the website. After a successful purchase, the customer receives access to the online training for the duration stated in the product description.
4. Prices and Payment Terms
All prices stated on the website include statutory VAT. The customer can make payment via PayPal, credit card, debit card, bank transfer, Apple Pay, Google Pay, iDEAL, and Klarna. Access to the online training will only be granted after full payment has been received.
5. Right of Withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is 14 days from the date of the conclusion of the contract. To exercise the right of withdrawal, the customer must inform the provider of their decision by means of a clear statement (e.g., by post or email).
6. Exclusion of the Right of Withdrawal for Digital Content
The right of withdrawal expires prematurely in accordance with Section 356 (5) BGB if the provider has begun the execution of the contract and the customer has expressly agreed that they lose their right of withdrawal once the use of the digital content (online training) begins. The customer will be expressly informed of this before concluding the purchase contract.
7. Usage Rights
By purchasing an online training, the customer acquires a simple, non-transferable right to use the content for personal purposes. Sharing access data or content with third parties is prohibited.
8. No Right to Specific Trainers
The provider reserves the right to choose and replace trainers for online training at its discretion. The customer has no right to the training being conducted by a specific trainer. Changes in trainer personnel do not entitle the customer to a reduction in the fee, withdrawal from the contract, or claims for damages.
9. Health Requirements and Medical Advice
By booking, the customer confirms that they are physically capable of participating in ice bathing activities. The provider strongly recommends consulting a doctor prior to participation to exclude health risks. Individuals with existing health issues, such as heart disease, circulatory problems, high blood pressure, respiratory issues, or other chronic illnesses, should not start the training without medical clearance.
10. First Aid Course for Trainers
Trainers trained by us are required to complete a recognized, in-person first aid course prior to conducting ice bath courses, especially one that addresses emergency measures for cold exposure. Although first aid is covered in our online training, it does not replace the practical experience and skills gained through a physical first aid course. The provider assumes no liability for accidents, injuries, or health damages that occur due to a trainer’s lack of practical first aid knowledge.
11. Liability and Disclaimer
11.1 Disclaimer
The provider is not liable for damages arising in connection with participation in the online training or the conduct of ice bathing activities by trainers trained by us. This particularly includes direct, indirect, incidental, consequential, or special damages, even if the possibility of such damages was indicated. The provider also excludes liability for damages suffered by trainers trained by us during the conduct of training or participation in private ice bathing activities. Additionally, the provider is not responsible for damages caused by technical malfunctions, misuse of the content, or improper use of the provided materials.
11.2 Risk Recognition
Participation in the online training is at the participant’s own risk. The customer acknowledges that participation in ice bathing activities involves significant health risks, including but not limited to injuries, permanent disabilities, or even death. The provider assumes no liability for injuries or damages caused by third parties, including trainers trained by us.
11.3 Self-Responsibility
The customer assumes full responsibility for their participation in the activities and acknowledges that conducting the training and ice bathing itself involves health risks. The customer is responsible for complying with all health precautions and is encouraged to consult a doctor before participating. The customer is also responsible for their physical and mental health during participation.
11.4 Limitation of Liability
The provider’s liability is limited to typical, foreseeable damages under the contract. In cases of slight negligence, the provider is only liable for the breach of essential contractual obligations (cardinal obligations).
11.5 Damage Notification
Claims by the customer for damages must be made in writing to the provider within three months of the occurrence of the damage. Otherwise, these claims expire.
12. Data Protection
The provider collects, processes, and uses the customer’s personal data only within the framework of statutory provisions and the privacy policy. Further information can be found in the privacy policy.
13. Final Provisions
The law of the Federal Republic of Germany applies. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Freiburg im Breisgau. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.