https://www.eomono.com - Welcome to eomono.com!
§ 1
Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between Bonavivet UG (hereinafter Provider) and you (hereinafter Customer), in the version valid at the time of contract conclusion.
(2) Deviating GTC of the Customer will be rejected. Please read these conditions carefully before using any service provided by Bonavivet UG.
(3) On eomono.com, Bonavivet UG offers you the following services:
Provision and arrangement of remote coaching or entertainment services via telephone, chat, or email. Bonavivet UG is the responsible contractual partner for all products and services offered on eomono.com.
§ 2
Formation of the Contract
(1) The Customer is exclusively a private end customer.
(2) The Customer must have reached the age of 18.
(3) Access to the use of the eomono.com service requires registration.
(4) By registering, the Customer accepts these GTC. With the registration, a contractual relationship is established between Bonavivet UG and the registered Customer, which is governed by the regulations of these GTC.
(5) The presentation of the service on the website eomono.com does not constitute a legally effective offer. Through the presentation of the service, the Customer is merely invited to make an offer.
(6) By ordering/requesting a paid service, the registered Customer enters into another contractual relationship with Bonavivet UG, separate from the registration. The user will be informed about the respective paid service and the payment terms before concluding this contractual relationship. The contractual relationship is established when the Customer confirms the order and payment obligation by clicking the respective button.
(7) You agree to receive invoices electronically. Electronic invoices will be made available to you via email or in the customer account on the website. We will inform you for each service whether an electronic invoice is available. Additional information about electronic invoices can be found on our website.
§ 3
Description of Services
The user can register free of charge on the website. The free use is limited to conducting an initial conversation with any partner. If the customer wishes to use the website without restrictions and take advantage of additional services, they can add funds to their account for a fee and use further services.
§ 4
Prices
(1) If the user wishes to use a paid service, they will be informed about the fee requirement beforehand. In particular, they will be provided with the respective additional scope of services, the incurred costs, and the method of payment.
(2) The Provider reserves the right to charge different fee models for different booking times and user groups, and especially for different usage periods, as well as to offer different service scopes.
§ 5
Payment Terms
(1) A fee incurred is to be paid to Bonavivet UG in advance, at the time of due date without deduction.
(2) Certain payment methods may be excluded by the Provider in individual cases.
(3) The Customer is not permitted to pay for the service by sending cash or checks.
(4) If the Customer chooses an online payment method, the Customer thereby authorizes the Provider to collect the due amounts at the time of the order.
(5) If the Provider offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Provider to collect the due amounts.
(6) If the Provider offers payment by direct debit and the Customer chooses this payment method, the Customer grants the Provider a SEPA Basic Mandate. If there is a chargeback of a payment transaction due to insufficient funds or due to incorrectly transmitted bank account data, the Customer shall bear the costs.
(7) If the Customer is in default with the payment, the Provider reserves the right to assert claims for damages caused by the default.
(8) Processing can be done via the following means of payment:
- PayPal
- Credit card
- Gift card
- Direct debit
- Instant bank transfer
- Advance payment
In the case of a direct debit reversal for which the Customer is responsible, Bonavivet UG charges a lump-sum compensation in the amount of 8 € (eight euros). The Customer can prove that no damage was incurred at all or that it is significantly lower than the lump sum. The aforementioned regulations apply accordingly to payments of the purchase price for goods sold by third-party providers.
If Barzahlen by Viafintech is agreed upon as an electronic payment method, the payment is due immediately after the conclusion of the contract. After completing the order, you will receive a payment slip, which you can print out and have scanned at the checkout in one of the Barzahlen partner branches (http://www.barzahlen.de/filialfinder) and pay the amount in cash there. Alternatively, you can have a payment code sent to your mobile phone via SMS, tell the cashier in the Barzahlen partner branch (http://www.barzahlen.de/filialfinder) the payment code, and pay the amount in cash there. The Barzahlen partner branch transmits the payment confirmation in real-time, whereupon the shipping process is started immediately.
§ 6
Registration and Termination
(1) A user account is for their sole and personal use, and a user may not authorize third parties to use this account. A user may not transfer their account to third parties.
(2) A user is, subject to reservation, entitled to unsubscribe at any time without giving a reason in writing by mail, email, or telephone. The previously concluded contractual relationship is thereby terminated.
(3) Bonavivet UG may terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. Bonavivet UG further reserves the right to remove profiles and/or any content published on the website by or from the user. If Bonavivet UG terminates the user's registration and/or removes profiles or published content of the user, Bonavivet UG has no obligation to inform the user about it or about the reason for the termination or removal.
(4) Users are obligated not to make intentional or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil legal action. The operator also reserves the right to dissolve the existing contractual relationship with immediate effect in such a case.
(5) If a user's access is blocked due to culpable breach of contract and/or the contractual relationship is dissolved, the user has to pay damages for the remaining contract period in the amount of the agreed fee minus the saved expenses. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contractual parties are free to prove that the damage and/or the saved expenses are actually higher or lower.
§ 7
Limitation of Liability
(1) Bonavivet UG assumes no responsibility for the content and accuracy of the information in the registration and profile data of the Customers as well as other content generated by the Customers.
(2) Bonavivet UG is only liable for damages resulting from injury to life, body, or health if they are based on an intentional or negligent breach of duty by Bonavivet UG or an intentional or negligent breach of duty by a legal representative or vicarious agent of Bonavivet UG.
(3) For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely), Bonavivet UG is only liable if they are based on an intentional or grossly negligent breach of duty by Bonavivet UG or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Bonavivet UG.
(4) The claims for damages are limited to the foreseeable, contract-typical damage. In the case of delay, they amount to a maximum of 5% of the order value.
(5) The Provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and regulations and, if necessary, to delete them in whole or in part.
§ 8
Offsetting and Right of Retention
(1) The Customer has the right to offset only if the Customer's counterclaim has been legally established or has not been disputed by the Provider.
(2) The Customer can exercise a right of retention only insofar as their counterclaim is based on the same contractual relationship.
§ 9
Right of Withdrawal
(1) If the Customer is a consumer, they have a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason, unless the performance of the service was explicitly requested (e.g., by accepting a callback). The withdrawal period for services is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us:
Bonavivet UG
Hemmelrather Weg 201
51377 Leverkusen
Germany
Phone: +49 214 83097072
Fax: +49 214 83097078
by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the sample withdrawal form on our website or submit another clear declaration. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by email).
To meet the withdrawal deadline, it is sufficient that you send the notification about the exercise of the right of withdrawal before the withdrawal period expires and that you have returned the goods via our online return center within the period defined below.
For additional information regarding the scope, content, and explanations for exercising, please contact our customer service.
(3) Consequences of Withdrawal
In the event of an effective withdrawal, the services received by both parties are to be returned.
You are obligated to pay compensation for the service provided until the withdrawal if you were informed of this legal consequence before submitting your contractual declaration and have expressly agreed that we begin with the execution of the consideration before the end of the withdrawal period. If there is an obligation to pay compensation, this may mean that you still have to fulfill the contractual payment obligations for the period until the withdrawal. Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both sides at your express request before you have exercised your right of withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your declaration of withdrawal, for us with its receipt.
(4) Exceptions from the Right of Withdrawal
The right of withdrawal does not exist or expires for the following contracts:
-
for services, if Bonavivet UG has provided these in full and you have acknowledged before ordering and expressly agreed that we can begin providing the service and that you lose your right of withdrawal upon complete fulfillment of the contract;
§ 10
Data Protection
(1) Should personal data (e.g., name, address, email address) be collected, we commit to obtaining your prior consent. We commit not to pass on any data to third parties unless you have previously consented.
(2) We point out that the transmission of data on the Internet (e.g., by email) may have security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be completely guaranteed. Our liability in this regard is excluded.
(3) Third parties are not entitled to use contact data for commercial activities unless the Provider has given prior written consent to the affected persons.
(4) You have the right at any time to receive complete and free information from Bonavivet UG about the data concerning you.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate privacy policy.
§ 11
Cookies
(1) To display the product offering, it may happen that we use cookies. Cookies are small text files that are stored locally in the cache of the internet browser of the site visitor.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.
(3) Through the use of cookies, users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.
(4) We inform you that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available to you to object to/accept them.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 12
Jurisdiction and Applicable Law
(1) For disagreements and disputes arising from this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law, or special funds under public law is the registered office of the Provider.
§ 13
Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr/.
§ 14
Final Provisions
(1) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use eomono.com only with the involvement of a parent or legal guardian.
(2) If you violate these GTC and we do not take action against it, we are still entitled to make use of our rights on any other occasion in which you violate these terms of sale.
(3) We reserve the right to make changes to our website, rules, terms including these GTC at any time. The terms of sale, contract terms, and GTC that are in effect at the time of your order apply to your order, unless a change to these terms is required by law or by official order (in this case, they also apply to orders you have previously placed). If a provision in these terms of sale is ineffective, void, or unenforceable for any reason, this provision is deemed to be severable and does not affect the validity and enforceability of the remaining provisions.
(4) The invalidity of a provision does not affect the validity of the other provisions from the contract. Should this case occur, the provision shall be replaced in terms of meaning and purpose by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.