Scope and Applicable Law
Status: June 2023
1. Scope of application
1.1 The following General Terms and Conditions shall apply to all legal transactions between Ute Brettholle (hereinafter: SolaraVision, Solara) and her clients (hereinafter: „clients, customers, contractual partners“) in the version valid at the time of the conclusion of the contract.
Office: Spandauer Damm 5
The legal transactions can be concluded in person, by mail, by e-mail, in the first meeting or via the website.
1.2. The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text has priority in the event of any differences in language usage.
1.3. These terms and conditions apply exclusively. Conflicting or deviating conditions that you use are not recognized by us, unless we have expressly agreed to their validity in writing or in text form.
1.4. In individual cases we use a supplementary agreement in addition to these GTC. This shall be concluded separately between Solara Vision and the client and shall take precedence over these GTC in case of doubt.
1.5. These Terms and Conditions shall be deemed agreed upon with the commissioning of any kind if the Client does not immediately object to them. Deviating provisions of the Client shall not be recognized unless they are expressly agreed to by Ute Brettholle.
2. Range of services | conclusion of contract
2.1. Ute Brettholle offers channeling, spiritual energy work, reading & healing, coaching, online programs, seminars and mentoring in the areas of personal development, spiritual teachings, business development, (online) marketing, mindset & energy and sales training. The exact name and listing of the scope of services is provided on the website and other media used.
2.2. Offers on the website or in any other form (verbal or written) are only an invitation to submit an offer. The submission of this offer by the client can be made by telephone, e-mail or online through the order system provided.
2.3. Only when Ute Brettholle bindingly confirms acceptance of the offer/registration by e-mail (or otherwise in writing) shall a binding contract be concluded. Alternatively, a contract is concluded via ordering systems made available online when an automatically generated confirmation e-mail is sent to the client confirming the conclusion of the contract.
2.4. There is no general entitlement to participate in the range of services. Ute Brettholle reserves the right to reject offers/registrations without giving reasons.
2.5. If a booking/order is made via an online ordering system, its General Terms and Conditions shall apply in addition.
3. Prices | Payment terms | set-off
3.1. All prices stated on the website of Ute Brettholle, SolaraVision for any offers include VAT of 19%.
3.2. All payments are due immediately upon receipt of invoice without any deduction. If the due date of payment is determined by the calendar, the client is already in default by missing the deadline. If the payment date is exceeded, Ute Brettholle shall be entitled to default interest at a rate of 9% above the current base interest rate without further reminder. The right to claim damages in excess of this remains unaffected.
3.3. Set-off: The client shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by Ute Brettholle. The client may only exercise a right of retention if the claims result from the same contractual relationship.
3.4. Installment payments are possible – if expressly offered and agreed by Ute Brettholle. Payment by installments only means a deferral of payment with respect to a partial amount of the full amount owed. The offer to pay in installments does not imply that online programs or consultations can be booked partially. This is not the case. A partial cancellation/cancellation of an entire offer is therefore not possible. The installment payment is made by direct debit (SEPA direct debit) within the EU. Outside the EU, a special arrangement must be made.
3.5. Default on installments | Right of retention: If a client defaults on the payment of an agreed installment, Ute Brettholle shall be entitled, in addition to claiming the default interest mentioned in section 3.2, to retain services not yet used until payment in full. In particular, in the case of online programs, access may be temporarily blocked – until payment of the amount owed and due.
3.6. The version of these GTC valid at the time of booking shall apply.
3.7. The prices at the time of booking apply.
3.8. If certain discount or promotional offers are advertised, these are limited in time or quantity. There is no entitlement to them.
4. Online Programs
4.1. Use of Digital Products | Use of Documents: Within the scope of online programs, Ute Brettholle provides its clients with text, audio and video files. She does not provide the client with ownership of these files. The client only acquires a simple, non-transferable right, which is revocable prior to full payment of the remuneration owed, to use the documents provided in digital and analog form for their own use. If the client wishes to use the contents and documents for other purposes, a separate agreement with Ute Brettholle is required. Information on this can be requested at firstname.lastname@example.org.
The client may not change the contents of the online programs and the associated files, subject to deviating mandatory rules, neither in terms of content nor editorially. The client may only copy the contents of any kind for his own use or have them copied for this purpose by a third party, provided that the third party makes these copies free of charge. Passing on the contents (texts, audio and/or videos, recordings of live calls in group programs and individual coaching and the like) to third parties (including family members, friends, acquaintances, business partners or the like) is not permitted; unless the passing on is exclusively temporary for the purpose of making a copy or it concerns the advertising texts and strategic conceptions developed jointly for the client.
It is also not permitted to pass on Ute Brettholle’s intellectual property, teaching material and advertising formulations, either for a fee or free of charge, to place them on the Internet or other network media, or to use them in any other way for commercial purposes, unless and insofar as this has been expressly agreed to in writing by Ute Brettholle. Verbal and/or implied consent is excluded.
4.2. Access / Accessibility to the Member Area: Ute Brettholle endeavors to ensure the highest possible accessibility of the member areas of the individual online programs and associated pages. This does not apply to times when the pages are not accessible to a reasonable extent due to maintenance work or technical or other problems for which Ute Brettholle is not responsible. Ute Brettholle endeavors to make the content available on as many end devices and browsers as possible.
The client has no claim to a specific compatibility. The client/user is also aware when booking/registering that the responsibility for receiving the content lies with him. This includes in particular that the client must ensure that e-mails do not end up in the spam folder, that the current browser is installed and that a stable Internet connection is guaranteed.
4.3. Access Data | Password: The client receives a password in order to gain access to the contents of Ute Brettholle that are subject to registration and payment. The authorization is only valid for the individual client; it is not transferable. The client is responsible for maintaining the confidentiality of the user name and password.
4.4. Duties of the Client/User|Breach of Contract by the Client: The client may only use the information and documents provided appropriately. In particular, he/she undertakes not to use the access options to the online programs and the documents contained therein in an illegal manner or in contradiction to these General Terms and Conditions.
Ute Brettholle reserves the right, in the event of suspicion of improper use or a significant breach of contract, to investigate this and to take appropriate precautions (in particular to block access to online content). This shall apply at least until such time as the suspicion can be dispelled. In the case of serious violations, Ute Brettholle is furthermore entitled to terminate the contractual relationship without notice. The Client shall compensate Ute Brettholle for any damage resulting from a breach of duty for which the Client is responsible.
4.5. Insofar as Ute Brettholle offers private coaching/sessions/channelings with individual participants within online and/or group programs, the following shall apply in deviation from the provisions set forth in Section 6: Agreed appointments cannot be postponed unless the participant is unable to attend the agreed appointment for health reasons. Substitute appointments must be made within 10 days. Otherwise, the claim to the private coaching/session/channeling will be forfeited entirely.
5. Workshops | seminars | retreats
The following conditions apply to any workshops, retreats as well as seminars (hereinafter referred to as „event“) conducted by Ute Brettholle.
5.1. Booking Process | Prices: For the booking process and the prices of Events, the provisions under Section 3 apply accordingly. The prices do not include travel expenses or expenses for meals and overnight accommodation for participants/clients, unless expressly agreed otherwise.
5.2. Service of the organizer (=Ute Brettholle): The scope of services of the organizer results from the respective descriptions of the individual events. Insignificant deviations that arise due to the course of the individual events and at the request of the participants remain unaffected.
5.3. Cancellation by the organizer: Ute Brettholle reserves the right to cancel or postpone the event up to 2 weeks before the start of the event after exhausting all possibilities due to insufficient demand or number of participants or for other important reasons for which Ute Brettholle is not responsible (e.g. sudden illness of the organizer himself or other announced speakers, force majeure or similar).
Ute Brettholle will, of course, inform all participants immediately and fully refund any participation fees already paid. Expenses already incurred by the participants (e.g. travel tickets, hotel bookings, rental cars) will not be reimbursed. Any damage beyond this will also not be reimbursed.
5.4. Exclusion of participants: In case of recognizable health problems of a participant, Ute Brettholle is entitled to exclude the participant concerned from the event. It is at the discretion of Ute Brettholle to refund the participation fee on a pro rata basis; the participant is not entitled to a refund. If participants repeatedly disrupt the course of the event and/or the group dynamics, do not adhere to the regulations of the respective speaker, misuse the event to recruit people or to sell third-party products, they can be excluded by Ute Brettholle. In such a case, there is no right to reimbursement of the participation fee.
5.5. Cancellation by the participant: Registration by the participant is binding and can only be declared invalid by payment of a cancellation fee. Cancellations must be submitted in writing (e-mail is sufficient). For cancellations made up to 49 days prior to the start of the event, the cancellation fee is 50% of the event price owed. A processing fee of 60 EUR will be charged.
Events purchased for less than 145 EUR net will also not be refunded. This also applies to event fees that were offered at a special price in special promotions or for other reasons.
5.6. Sound / image and video recordings: The participant is not entitled to make picture recordings during an event. During events, seminars and retreats, photo, video and/or audio recordings will be made by Ute Brettholle, her staff or by persons authorized to do so. By participating in the event, each participant grants permission for the private and commercial use of these recordings by Ute Brettholle.
The recordings may be used for marketing, advertising or other purposes in any format and any media (offline and online). The participant is aware and accepts that any recordings are the property of Ute Brettholle, and she owns all exclusive rights to any recordings. Any claim for commission or other payments based on recordings is generally excluded, unless otherwise agreed in writing in advance. Each participant has the right to object to this permission in advance. In this case, however, Ute Brettholle may react with an exclusion from the event.
A subsequent objection is not possible.
6. Private Coaching | Mastery Mentoring | VIP days:
The following provisions apply to private coaching, mastery mentoring and VIP days offered outside of online and/or group programs offered by Ute Brettholle. For coachings/mentorings as part of programs, the conditions stated in section 4.5 apply.
6.1. Parivate Coaching / Mastery Mentoring Sessions and VIP Intensive Days can be advanced up to 48 hours before the agreed date and an alternative date will be agreed. This must be submitted in writing (email is sufficient). The replacement appointment must be made within 14 days of the original appointment, unless this is not possible for particularly serious reasons (for example, persistent illness or similar). All dates will be agreed with Ute Brettholle in advance at the time of booking.
6.2. Ute Brettholle reserves the right to cancel or postpone appointments for Private Coaching, Mastery Mentoring and VIP Days without giving reasons. In this case, the participant has no claim to performance. Participants will be informed of this in good time and will receive a full refund of any payments already made, unless an alternative date is agreed. Further compensation cannot be claimed.
7. Individual Sessions Healing/Reading | Channeling | Global Energy Transmission
7.1. Booking procedure | Prices: For the booking process and the prices of events the regulations under point 3 apply accordingly.
7.2. Service of the organizer (=Ute Brettholle): The scope of services of the organizer results from the respective descriptions of the individual events. Insignificant deviations that arise due to the course of the individual events and at the request of the participants remain unaffected.
7.3. Cancellation by the organizer: Ute Brettholle reserves the right to postpone the execution of the event until the day of the event due to reasons for which Ute Brettholle is not responsible (e.g. sudden illness of the organizer himself, force majeure or similar). Ute Brettholle will of course inform the client of this immediately. A replacement date will be arranged within the next 21 days. Expenses already incurred by the client (e.g. travel tickets, hotel bookings, rental cars) will not be reimbursed. Any damage beyond this will also not be reimbursed.
7.4. Exclusion of participants: In case of recognizable health problems of a participant, Ute Brettholle is entitled to cancel the booking or to discontinue the treatment. It is at the discretion of Ute Brettholle to refund the participation fee on a pro rata basis; the participant is not entitled to a refund.
7.5 Cancellation by the participant: The registration by the participant is binding.
Individual sessions Healing/Reading | Channeling and the Global Energy Transmission are services that are created individually for the participant from the time of booking until the day of the event and according to his/her personal needs by Ute Brettholle.
An appointment for individual sessions Healing/Reading | Channeling can be postponed once in case of illness of the client, if this is received in writing and 72 hours before the appointment as email and we confirm the receipt. An alternative date will be arranged.
This appointment is binding. The participant has no right of revocation or cancellation. The participant has no right to a refund.
Participation in Worldwide Energy Transmission cannot be postponed and we do not offer any refund of the participation fee.
8. Copyrights | Rights of Use
Participation in the online programs, coaching sessions and events serves the participant’s own training. Therefore, by participating, the participant is generally not entitled to pass on the taught and conveyed contents in his/her own seminars. The copyright of Ute Brettholle is to be respected.
9. Legal Notice
In accordance with the jurisdiction of the BVerfG (decisions of 02.03.2004, 1 BvR 784/03 and 03.06.2004, 2 BvR 180202), Ute Brettholle expressly points out that Ute Brettholle works as a so-called spiritual healer, who does not belong to any recognized healing profession and in particular is not licensed as a medical doctor or non-medical practitioner.
As a spiritual healer, Ute Brettholle does not perform any treatment in the medical sense, does not make any diagnoses and does not prescribe any medication. As a spiritual healer, Ute Brettholle strengthens the self-healing powers of the participants/clients in an energetic-spiritual way. Medical measures and treatments are not replaced by it. Ute Brettholle’s offers serve the personal development as well as the conscious design of life. The offers, texts and information do not replace a doctor’s visit or therapeutic treatment.
The following limitations and/or exclusions of liability apply to the liability of Ute Brettholle for the provision of any service described above, without prejudice to the statutory requirements for claims:
10.1. Ute Brettholle shall be liable without limitation insofar as the cause of damage is based on gross negligence or intent.
10.2. Ute Brettholle shall be liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
10.3. The claim for damages for the slightly negligent breach of essential contractual obligations shall, however, be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, body or health.
10.4 The client confirms with the purchase/booking of the products, utilization of the consulting (aka individual sessions/coaching/channeling/mentoring/energy transmission) and/or participation in the seminars/retreats that he/she does so on his/her own responsibility.
10.5. Ute Brettholle makes no promise of success for the purchased products, consultations (aka individual sessions/coaching/mentoring/energy transmission) and seminars/retreats. Both parties work to the best of their knowledge and ability for the success of the client. Ute Brettholle cannot guarantee the achievement of the defined goals or the desired success.
The client is at all times responsible for the degree of success achieved through counseling, participation in online programs and/or events. In particular, Ute Brettholle can therefore not assume any assurance and/or guarantee that the desired success, the desired healing and development goal, income / sales target or other expectations of the client will be achieved by the strategies or actions recommended by her. Rather, this depends on the individual abilities of the individual client.
10.6. The Client is at all times self-responsible for his personal and/or professional change and is willing to work on himself as far as he is able in order to achieve the desired change. The Client therefore also acknowledges that he/she is fully responsible for his/her physical and mental health during the counseling sessions, both during the sessions and in the time between the sessions.
10.7. It is expressly pointed out that counseling by Ute Brettholle in any form does not replace counseling by trained professionals, such as doctors, psychotherapists, tax consultants and business consultants. (see 8)
10.8. Ute Brettholle assumes no liability for third-party software.
10.9. Ute Brettholle assumes no liability for products and services of external speakers / consultants / cooperation partners who participate in events or other services. Ute Brettholle and its cooperation partners undertake to maintain absolute confidentiality about all company and business secrets of their clients for the duration of the consultation and also after its termination and not to pass on information to third parties.
Ute Brettholle is released from the duty of confidentiality towards freelancers. However, she has to transfer the duty of confidentiality to them completely and is liable for their violation of the duty of confidentiality as for her own violation. For the publication of testimonials and outstanding coaching results where the name of the participant is mentioned, a separate declaration of consent for the protection of personal data is signed. Excluded are anonymized testimonials.
11. Data Protection
11.1. Ute Brettholle processes personal data of the Client for a specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of concluding the contract (such as name, e-mail address, address, payment data) will be used by Ute Brettholle to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the booking, ordering, delivery and payment process.
11.3. The client has the right to receive, upon request and free of charge, information about the personal data stored about him by Ute Brettholle. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, as far as no legal obligation to retain data is opposed.
11.5. We use for order processing the provider Paypal, www.paypal.com For the execution and processing of an order we need the following data:
11.6. In the event that you wish to create a customer account, we require from you the data mentioned in paragraph 2, as well as a password freely chosen by you.
11.7. We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s). When paying by bank transfer Paypal also uses your bank account or credit card data for payment processing. A further use of your personal data for purposes of advertising, market research or for the design of further offers requires your express consent.
11.8. Paypal stores the data provided by you only within the framework of the tax and commercial law obligations.
12. Right of withdrawal for consumers (entrepreneurs have no right of withdrawal)
A consumer has a right of withdrawal in accordance with the instruction listed in the appendix.
The revocation period begins with the conclusion of the contract. The contract is concluded at the moment the client receives the invoice email of the purchase by us. The purchase can be revoked within 14 days.
In the case of services, such as coaching, there are the following special features with regard to the right of withdrawal:
1. a) If a coaching/mentoring program is purchased and Ute Brettholle or team partners begin with the service directly or within the 14-day withdrawal period, the client waives the right of objection to which he is entitled in this respect. For individual sessions/channelings and the Worldwide Energy Transmission the conditions under 7.5. apply.
b) I refer to this directly in the shop/shopping cart with the following passage: „I agree and expressly demand that you begin with the execution of the contract before the expiration of the cancellation period. I am aware that this means that I lose my right of withdrawal for download products and digital content when the execution of the contract begins and for services when the contract is completely fulfilled.“
13. Jurisdiction, Applicable Law, Contract Language
13.1. Place of jurisdiction and place of performance shall be Berlin, Germany for all claims arising from or on the basis of these GTC and the law of the Federal Republic of Germany shall apply exclusively to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law if
a) you have a habitual residence in Germany, or
b) your habitual residence is in a state that is not a member of the European Union.
13.2. In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
13.3 Contracts with the customer shall be concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language page of the online store.
The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only.
The German text has priority in the event of any differences in language usage.These terms and conditions apply exclusively. Conflicting or from these GTC deviating conditions, which the client / customer uses, are not recognized by us, unless we have expressly agreed to their validity in writing or in text form.
13.4. We point out to them that in addition to the ordinary legal process, the possibility of an out-of-court settlement of disputes under Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odrUnsere e-mail address is: email@example.com
We point out in accordance with § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
13.5. If individual provisions of this contract are invalid, this does not affect the rest of the contract.
Copyright from 2023 on – Ute Brettholle – All Rights Reserved