Terms and conditions
1. Applicability
2. Order process, conclusion of contract
3. Fee arrangement
4. Cancellation, rebooking and refund policy
5. Liability
6. Storage of the contract itself
7. Information regarding the nature of the services
8. Final remarks
1. Applicability
1.1. For the business relationship between Santiago Celorio Galan, Fischerinsel 10, 10179, Berlin (hereinafter referred to as the “Provider”) and the customer (hereinafter referred to as the “Customer”), the following Terms and Conditions shall apply exclusively in the version valid at the time the order is placed.
1.2. For the purposes of these Terms and Conditions, a client is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his commercial or self-employed professional activity.
1.3.Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.
2. Order process, conclusion of contract
2.1. The customer is free to select the products of his choice from the seller’s range and to put them together in a so-called “shopping basket”. The customer can then go to his shopping cart and change his selection as required, for example by removing a product from the shopping cart. Once the customer is satisfied with their selection, they can proceed to the final step of the ordering process.
2.2. The customer clicks on “binding order” to purchase the goods in the shopping cart. Before placing the order, the customer can view and change his order data at any time and return to the shopping basket or cancel the order process using the “Back” function of his browser. Necessary entries are marked with an asterisk (*).
2.3. The provider responds by sending the client an automatic confirmation of receipt by e-mail; the e-mail summarises the customer’s order and can be printed out using the “Print” function (order confirmation).
2.4. Exemption from VAT depends on the type of service. In the case of psychotherapy according to the Heilpraktikergesetz, there is always an exemption according to § 4 No. 14 letter a UStG. This requires medical necessity through an ICD-10 diagnosis (both for individuals and couples). All other services are considered psychological counseling and are usually subject to VAT. However, these can also be exempt through the small business regulation according to § 19 UStG. For this reason, invoices (regardless of whether payment was made before or after the service was provided) are sent at the end of the treatment or counseling plan. The reason for this is to distinguish counseling from psychotherapy according to the Heilpraktikergesetz with the corresponding diagnosis. Monthly invoices are also possible on request.
3. Fee arrangement
3.1. The fees of the provider are calculated outside the GebüH. The costs of the services can be seen on the cost page (1st session: 65 euros; follow-up sessions: 85 euros. Couples 1st session: 85 euros; follow-up sessions: 105 euros). The client agrees to this fee arrangement when booking the first session. Another type of billing (e.g. according to GebüH or GOÄ) due to a possible reimbursement of costs is possible after prior consultation.
3.2. The customer is free to choose one of the available payment methods in the order process; their selection is made before the order process is completed. Customers will be informed about available payment methods on a separate website.
3.3. In the case of payment by invoice, payment must be made within 14 days of receipt of the corresponding invoice. For all other payment methods, full payment must be made in advance.
3.4. If third-party providers are commissioned with payment processing (e.g. PayPal), their Terms and Conditions shall apply.
3.5. Unpayed invoices will be sent via post as a friendly reminder. If the payment is still not covered, a case will be opened by a debt collector and the client will be responsible of paying the additional fees implicated in this process.
3.6. The obligation of the customer to pay default interest does not exclude the assertion of further claims for damages caused by default on the part of the provider.
3.7. The special price for the first appointments is one-off, i.e. if the client interrupts the therapy process and then resumes it, the full price for the sessions must be paid. The same applies to alternating between online and in person appointments.
3.8. Invoices that include several sessions and the payment method “purchase by invoice” can be paid in instalments corresponding to the cost of the individual sessions included. These payments must be made at the latest 14 days after each session.
4. Cancellation, rebooking and refund policy
4.1. All sessions can be cancelled or rescheduled as long as this is done at least 48 hours before the booked appointment. After this time the booking system will not allow cancellation or rescheduling and the full cost of the appointment will be charged with no possibility of refund. For a timely cancellation, the booking system of the website should be used or a simple informal e-mail with the cancellation should be sent to info@santiagocelorio.com (with the name of the client, date and time of the appointment to be cancelled).
4.2. If a session that has already been paid for is cancelled in good time, a refund of the amount paid will be made via the original payment method.
4.3. The contract between the provider and the client is then deemed to have been fully performed at the end of each session or course booked, as long as the service has been provided to the full extent agreed. By agreeing to the Terms and Conditions, the client then waives any right of withdrawal after having received the full service from the provider.
4.4. Right of withdrawal
§ Section 356 (4) sentence 1 BGB
The right of withdrawal expires in the case of a contract for the provision of services if the provider has delivered the service in full and has only begun to provide the service after the client has given his express consent to this and at the same time has confirmed his knowledge that he loses his right of withdrawal upon full performance of the contract by the supplier.
5. Liability
5.1. The following exclusions and limitations of liability in connection with the provider’s liability for damages shall apply without prejudice to the other statutory requirements for claims.
5.2. The porvider shall be liable without limitation if the damage was caused intentionally or by gross negligence.
5.3. The provider shall also be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, and the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. In this case, however, the liability of the provider shall be limited to the foreseeable damage typical for the contract. The provider shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
6. Storage of the contract itself
6.1. The customer can print out the text of the contract in the last step of the ordering process (i.e. before placing his order with the supplier) using the print function of his browser.
6.2. The provider shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. In addition, the customer will receive a copy of the provider’s Terms and Conditions with the order confirmation or at the latest when the service is provided . If you have registered in our shop, you can view the orders you have placed in your profile.
7. Information regarding the nature of the services
7.1. The services offered on this website comply with the German laws for counseling and psychotherapy according to the Heilpraktikergesetz. Psychological counseling is not a curative activity in Germany and does not replace psychotherapeutic or psychiatric services. Psychotherapy according to the Heilpraktikergesetz deals exclusively with psychological disorders (according to ICD-10) without physical causes. It is a healing activity which, however, is not covered by the statutory health insurance funds and usually has to be paid for privately. The client understands this by accepting these conditions and should consider not making use of the psychological counselling or psychotherapy according to the Heilpraktikergesetz offered by the provider if it does not comply with the regulations of the country in which he or she is physically located.
7.2. In the event that online services are offered to customers with permanent residence outside of Germany, this shall be in the form of coaching only. That is to say, as orientation on a particular topic and without the use of therapeutic or curative techniques. Therefore, no diagnostics will be used and no therapeutic treatment will be planned or executed.
8. Final remarks
8.1. If the customer is an entrepreneur, the place of performance is the provider’s registered office, subject to other agreements or mandatory statutory provisions; the place of jurisdiction is the provider’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction in the provider’s country of domicile. The provider reserves the right to choose another admissible place of jurisdiction.
8.2. The law of the Federal Republic of Germany shall apply to entrepreneurs to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with any mandatory statutory provisions.
8.3. Consumer platform of the European Commission for online dispute resolution (OS): http://ec.europa.eu/consumers/odr/ .
8.4 The client agrees to the data privacy arrangement in this link https://santiagocelorio.com/en/data-security/
