"Let your food be your medicine" -Hippocrates
General Terms and Conditions
§1. General
The following conditions apply to the consulting services provided by nutritionist Christine Michelberger. By placing the order, the client recognizes this as binding for the contractual relationship.
§2 Conclusion of contract
Registrations for consulting, courses or trainings must be made by e-mail, via the contact form, by telephone or by online booking via the website. By sending a binding confirmation by Christine Michelberger, these become legally effective. This includes the written confirmation of the appointment.
Generally, a contractual relationship between the consultant and the person to be counseled comes into effect from the clients online booking via the website or
the written registration and the resulting costs (for workshops, lectures, courses etc.)
All exceptions require separate agreements.
§3 Consulting service / scope of services
The counseling service is provided by a nutritionist. The information provided is not medical instructions and therefore does not replace a medical diagnosis, advice or treatment by a doctor or alternative practitioner.
The consultation service is done voluntarily.
The object of the order is the provision of an agreed service (the nutritional advice) and not the achievement of a specific physical success. The commissioned services are considered to have been rendered when the necessary analyses and consultations have taken place and any questions that arise have been dealt with.
Despite the greatest care, no guarantee can be given for the correctness and completeness of this information.
The success of the nutritional consultation depends essentially on the cooperation of the person to be advised and cannot be guaranteed. Likewise, no guarantee for health-related physical or psychological (consequential) damages is assumed, if these occur after a consultation by Christine Michelberger.
The person to be counseled commits himself/herself to provide all information (personal data and health condition) truthfully and completely.
The client undertakes to inform the nutritionist in advance of any physical impairments, illnesses and health problems.
If any physical activities are recommended, the client is responsible for carrying them out.
§4 Confidentiality & Data Protection
The nutritionist is bound by confidentiality. The duty of confidentiality also extends beyond the end of the nutritional consultation.
A release from confidentiality towards third parties (doctors, others) must be approved in writing by the client.
The consultant points out that the data generated in connection with the contractual relationship will be stored for the purpose of data processing. (See data protection declaration of Christine Michelberger Ernährungsberatung)
§5 Terms of payment & pricing
Terms of payment:
The commissioned services are booked directly via the consultant's homepage and paid for immediately online. For written agreements, an invoice will be sent separately.The invoice will be issued for the entire amount and has to be paid upfront.
If a customer wishes to use only part of the agreed service or not at all and cancels the nutritional consultation, the amount already transferred will not be refunded.
Paying by installments is only possible in exceptional cases and after prior agreement.
The following applies to other offers (courses, workshops, seminar): Payment of the fee for the ordered service is due in the agreed amount immediately after transmission of the registration data and no later than 14 days before the first agreed date. Entitlement to the service only exists once the payment has been credited to the account.
Pricing:
The prices agreed in the offer from Christine Michelberger Ernährungsberatung are binding. Unless otherwise agreed in writing, they cannot be deviated from.
For all payments, the customer number assigned by the consultant, the invoice number and the full name are to be indicated. Risks arising from this as well as costs resulting from missing allocation features shall be borne by the Contractor.
The consulting is offered in different packages. The packages are only valid for a limited period of time after purchase. The packages "Holistic Nutritional Consultation" must be taken within 6 months. After that, the right to the consulting service expires. Individual appointments "Focus" or "Breathing Advice" must be attended within 3 months.
Costs for booked appointments will not be refunded proportionally or in full if the appointments were not taken within the agreed period.
§6 Cancellation of appointments and withdrawal from the contract
Reserved appointments are binding. If an appointment cannot be kept, it must be canceled at least 24 hours before the agreed appointment. In the event of later cancellations, a fee of 50€ will be charged. Exceptions to this are cancellations due to a proven, acute illness.
If you do not show up without cancellation, 100% of the fee will be charged.
The nutritionist reserves the right to cancel or postpone appointments due to unforeseeable events (e.g. illness).
In the case of group events, the nutritionist reserves the right to cancel or postpone them if the number of registrations is too low. In the event of a cancellation, the already registered participants will be fully reimbursed for the amount already paid. Should it be impossible to hold an event due to unforeseeable circumstances (weather conditions, sudden illness on the part of the organizer, etc.), the organizer reserves the right to postpone the dates at short notice.
§7 Protection of property
The person receiving advice undertakes to use the information materials, reports, analyses, recipes and other documents prepared as part of the nutritional advice only for their own purposes. The client receives the exclusive and unrestricted, but non-transferable, right to use all documents and undertakes to use them exclusively for their own purposes and not to pass them on to third parties.
§8 Warranty
The nutritionist endeavors to provide all agreed services with the greatest care and in compliance with recognized nutritional knowledge and principles. All recommendations and analyzes are made to the best of our knowledge and belief. However, individual deviations in the interest and for the benefit of the patient are possible. The type and scope of the consultations can also vary individually.
The nutritionist accepts no liability for the content of the recommendations given. The success of the service is largely beyond the control of the consultant and essentially depends on the cooperation and motivation of the person to be advised. Therefore, success cannot be guaranteed.
The services provided are help for self-help. Even with the greatest care, no guarantee can be given for the correctness and completeness.
§9 Disclaimer
Liability for the success or failure of the services provided is excluded. Liability for any kind of damage, including consequential damage, resulting from the incorrect use of the information provided or handed out is also excluded. Liability is limited for contractual breaches of duty by the consultant as well as for intent and gross negligence. This does not apply to injuries to life, body and health of the employee, claims due to the breach of cardinal obligations and compensation for damage caused by delay (§ 286 BGB).
§10 Final Provisions
Changes and additions to this contract must be made in writing to be effective. Verbal collateral agreements do not exist.
§11 Arbitration Clause
In the event of differences of opinion, the contracting parties undertake to conduct a conciliation procedure with the aim of working out a fair agreement in line with their interests by way of mediation with the support of a neutral conciliator, taking into account the economic, legal, personal and social circumstances.
§12 Severability Clause
Should one of these regulations be ineffective, the effectiveness of the remaining regulations will not be affected. The ineffective clause is replaced by a regulation that comes as close as possible to it economically and legally.
©Christine Michelberger, May 15 2023