Terms & Conditions (25.11.2024)

Business Details
Daniël Niks
Hermes Daniël Fitness
Ulmenstraße 7, 40476 Düsseldorf
Mobile: 0178 2716012
E-mail: daniel@hermesdanielfitness.online
Website: www.hermesdanielfitness.online

Welcome to Hermes Daniël Fitness! By using my services (Fitness and Food apps, online coaching, and personal training), you agree to the following terms. Please read them carefully.

1) Validity

a) All my services, agreements, and offers come with these terms. By placing an order, accepting, or using my services, you’re agreeing to them.

b) I don’t accept any terms or conditions that differ from or add to my own. Even if I am aware of them, they won’t be part of the contract unless I specifically agree to them in writing.

2) Health and Fitness Disclaimer

a) Before starting any fitness program with Hermes Daniël Fitness, consult a healthcare professional, especially if you have any pre-existing conditions or health concerns. Our programs are designed for general fitness and should not replace medical advice or treatment. Participation is voluntary. A mandatory questionnaire must be completed prior to beginning any online coaching or personal training.

b) In the event of breaches of duty on my part, my liability is limited to intent and gross negligence. These limitations of liability also apply to breaches of duty by my legal representatives and/or my vicarious agents. My liability and the liability of my vicarious agents are limited in amount to the foreseeable and contractually typical damage. Therefore, I am not liable for damages that I could not have foreseen as a possible consequence of the breach of contract at the time of the conclusion of the contract.

c) The limitations and exclusions of liability in paragraph 1 of this section do not apply:

• for damages resulting from injury to life, body, or health (personal injury) caused by me or my vicarious agents,

• in the event of an assumption of a guarantee for the condition or the existence of a performance result or the assumption of a procurement risk,

• in the event of a breach of cardinal obligations (essential contractual obligations). This includes damages caused by simple negligent breach of such contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the customer regularly relies and may rely.
  

3) How the contract comes together, side agreements

a) All my offers are non-binding.

b) A contract is only formed when I receive the signed contract from you digitally through the Fitness app and accept it in writing (e.g., by email) or start providing the service.

c) If I don’t accept your contract offer or start the service within 14 days, you’re no longer tied to your intention to make the contract.

d) Side agreements are only valid if I confirm them in writing.

4) What the contract covers

a)The contract is about providing personal training services. I don’t guarantee specific results.

b) The details of the service, like the goals and length of the contract, depend on what we agree on together.

5) Service descriptions

a) Fitness and Food Apps

The Fitness and Food apps are free to use, but unlocking all features requires a PRO subscription. The PRO subscription is included as part of the personal training services, ensuring full access to all app features for tracking workouts and nutrition.

b) Online Coaching

Online coaching includes personalized workout programs, nutrition guidance, detailed feedback, and ongoing support through the Fitness and Food apps. It’s available as a stand-alone service or as an add-on to personal training.

c) Personal Training & Credits

Booking a personal training session requires the purchase of credits. Each credit entitles you to 30 minutes of personal training. Two credits are required for a 60-minute session. Credits are non-transferable and expire based on their respective validity periods.

i) Session-Based Personal Training

PT Credit x1

• Description: 1 credit, valid for 1 month

• Validity: 1 month from the purchase date (unused credits will expire)

PT Credit x2

• Description: 2 credits, valid for 2 months

• Validity: 2 months from the purchase date (unused credits will expire)

PT Credit x10

• Description: 10 credits, valid for 3 months

• Validity: 3 months from the purchase date (unused credits will expire)

PT Credit x24

• Description: 24 credits, valid for 12 months

• Validity: 12 months from the purchase date (unused credits will expire)

ii) Subscription-Based Personal Training

Include credits at a discounted rate.

PT Credit x1/Week

• Credits: 1 credit per week

• Validity: 2 weeks per credit

PT Credit x2/Week

• Credits: 2 credits per week

• Validity: 2 weeks per credit

PT Credit x3/Week

• Credits: 3 credits per week

• Validity: 2 months per credit

PT Credit x4/Week

• Credits: 4 credits per week

• Validity: 3 months per credit

iii) All subscriptions are monthly and will automatically renew until canceled. You can cancel through your account settings or by contacting customer support.

iv) Sessions must be scheduled in advance, subject to availability. It’s recommended to use your credits within the specified time frames to ensure optimal benefits.

6) Prices and payment terms

a) All prices are in euros.

b) Invoices need to be paid in full as soon as you receive them. If you don’t pay within 30 days, it’s considered overdue.

c) All payments are processed via direct debit, with a 4-week payment cycle. Payments will be charged automatically unless canceled before the next billing cycle begins.

d) By purchasing any service, you authorize Hermes Daniël Fitness to process automatic payments as required.

e) All subscriptions are billed on a recurring 4-week basis and auto-renew unless canceled in writing or via your account settings.

7) Termination & Refunds

a) You can cancel your subscription anytime.

b) Sessions canceled within 24 hours will not be refunded.

c) Refunds for unused credits are available, subject to an administration fee of €10. The administration fee does not apply if the service has not yet been provided or started according to consumer protection and withdrawal rights referred to in Article 9.

d) Once a session or credit is used, no refunds will be issued.

e) Unused credits will expire after the designated time frames and cannot be refunded. You are responsible for tracking the expiration of your credits.

f) If I need to cancel a session due to illness or unforeseen circumstances, you will receive a full refund for that session with no fee.

g) No refunds are available for the PRO subscription or online coaching services.

h) I am not responsible for delays or issues arising from events outside of our control, like natural disasters or technical problems. I will do my best to resolve them as quickly as possible.

8) Prohibition of Set-Off, Limitation of Right of Retention

a) You are only entitled to set-off rights if your counterclaims have been legally established, are ready for decision, undisputed, or acknowledged by me.

b) You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

9) Consumer Protection and Withdrawal Rights

As a consumer, you have the right to withdraw from any contract within 14 days of purchase. However, this right does not apply once services (like personal training or online coaching) have been fully provided or started. To cancel, notify Hermes Daniël Fitness in writing before the 14-day period ends.

10) Legal Provisions

a) German law applies to this agreement. The rules of the UN Sales Convention don’t apply.

b) If you’re a business, a public legal entity, or a special public fund, the exclusive place for resolving any disputes is where my business is based. The same applies if you don’t have a general legal venue in Germany, or your residence or usual location is unknown at the time of the claim. Otherwise, the standard legal rules apply.

c) If any part of this agreement, including these terms, is found to be invalid, the rest remains unaffected.

11) Changes to Terms

We may update these terms from time to time. By continuing to use the services, you accept the updated terms. Be sure to check them regularly.

Daniël Niks
Hermes Daniël Fitness
Ulmenstraße 7, 40476 Düsseldorf
Mobile: 0178 2716012
Email: daniel@hermesdanielfitness.online