General Terms and Conditions

General Terms and Conditions

1. Scope and Definitions

(a) These General Terms and Conditions (GTC) apply to all contracts for consulting services concluded between [Name/Company of the Nutritionist] (hereinafter referred to as the “Nutritionist”) and the Customer. This applies to both consumers and businesses. The version valid at the time of the conclusion of the contract shall be decisive.

(b) A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

(c) A “Business” within the meaning of these GTC is any natural or legal person or legally competent partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

(d) Deviating terms
Any deviating or conflicting terms and conditions of the Customer shall only apply if the Nutritionist has expressly agreed to them.

2. Subject Matter of the Contract

(a) The Nutritionist offers professional nutritional consulting services tailored to the individual needs and goals of the Customer.

3. Scope of Services

(a) The services include, but are not limited to, providing information and recommendations on nutrition, monitoring and assessing the Customer’s diet, and supporting the achievement of health-related goals.

(b) The Nutritionist may provide services either in person or by electronic means, including but not limited to email, video calls, or chat.

(c) The Nutritionist will provide the Client with all the necessary information and resources required to achieve his or her health-related goals, including but not limited to meal plans, recipes, and training materials.

(d) The following services are also offered: …

(e) The Nutritionist reserves the right to change or modify the range of services at any time. Any changes will be communicated to the Client in writing.

4. Health Notice and Scope of Services

(a) The services offered by the Nutritionist do not constitute medical advice, therapy, or treatment and are not a substitute for such. The Nutritionist is not authorized to treat illnesses, injuries, or other health disorders.

(b) In the event of existing or newly occurring health complaints or uncertainties, the Customer is obliged to seek medical advice. This applies in particular in the case of pre-existing conditions, suspected allergies, intolerances, or similar health limitations.

(c) The consulting services are limited to dietary recommendations and do not involve any medical or therapeutic measures. The Nutritionist therefore assumes no responsibility for the absence of any specific success (e.g., weight reduction or improvement of a medical condition).

(d) The Nutritionist applies the latest scientific findings in providing consultations. Nevertheless, no guarantees can be given regarding the achievement of specific health or physical goals.

(e) Liability for negative health consequences resulting from the Customer’s failure to obtain medical clarification despite being advised to do so is excluded. Otherwise, the liability provisions pursuant to Section 7 of these GTC apply.

5. Consultation and Appointment Scheduling

(a) Preliminary Consultation
Before the start of the nutrition consultation, a personal or telephone consultation takes place to align the content and goals of the consultation. This conversation usually lasts 20 minutes. In this discussion, the Customer informs the Nutritionist about any health or physical limitations (see also Section 6 on Customer’s Obligations).

(b) Duration of a Consultation Session
A consultation session usually lasts between 30 and 60 minutes. Longer or shorter sessions can be arranged individually.

(c) Venue
The consultation may take place either at the Nutritionist’s or the Customer’s premises, or—if agreed—online (e.g., via video call).

(d) Appointment Scheduling
Appointments are made exclusively by prior arrangement (by phone, email, or online booking). The bindingly agreed appointment will be confirmed to the Customer in text form (email).

(e) Cancellation and Rescheduling

(i) Notice Period/Cancellation Policy

  1. The Customer may cancel or reschedule an agreed appointment free of charge up to 24 hours before the start of the session. The cancellation or rescheduling must be made in text form (e.g., email) or by phone.
  2. In the event of cancellation less than 24 hours before the appointment or in case of no-show without cancellation, the Nutritionist reserves the right to charge a cancellation fee of 50% of the agreed fee.
  3. In the event of cancellation less than 12 hours before the appointment or no-show, a 100% cancellation fee will be charged.

(ii) Reasonableness and Proof of Lesser Damage

  1. The Customer may prove that the Nutritionist incurred no damage or only lesser damage.
  2. In this case, the cancellation fee will be reduced accordingly.

(iii) Goodwill Arrangement

  1. In case of unforeseeable events (e.g., sudden illness, accident), the Nutritionist may, at his or her discretion, waive the cancellation fee or offer an alternative appointment.

(f) Delays
If the Customer arrives late for an agreed appointment, the consultation session may be shortened accordingly without reducing the agreed fee.

6. Obligations of the Customer

(a) The Customer is obliged to inform the Nutritionist of any health impairments, illnesses, allergies, or intolerances on his or her own initiative before the start of the consultation session. Should any sudden health or wellness issues arise, the Customer is obliged to inform the Nutritionist immediately.

7. Conclusion of the Contract

(a) Offer and Acceptance
The presentation and promotion of nutrition consulting services in brochures, on the website, or in other media of the Nutritionist do not constitute a binding offer but an invitation to the Customer to submit his or her own offer.

(b) Booking Process
The Customer may submit an offer to conclude a contract by requesting an appointment (e.g., by phone, email, or via the online booking system). A contract is formed only when the Nutritionist expressly accepts this request (e.g., via an email booking confirmation).

(c) Contract Text
The content of the contract, including these GTC, is stored by the Nutritionist and may be provided to the Customer upon request in text form (email).

(d) Contract Language
The contract language is German or English.

8. Payment Terms

(a) The fee charged by the Nutritionist is based on the current price list. All prices are stated without VAT. The company operates as a small business and is therefore not subject to value added tax.

(b) Invoices must be paid in full within 14 days of receipt by the Customer without any deductions.

(c) The following payment methods are currently available:

  1. Payment by invoice
  2. Payment via PayPal online portal

9. Liability and Medical Notice

(a) Principle of Liability
The Nutritionist shall be liable without limitation for intent and gross negligence, as well as for injury to life, limb, or health that is based on a culpable breach of duty by the Nutritionist, his or her legal representatives, or vicarious agents.

(b) Liability in Case of Ordinary Negligence
In cases of ordinarily negligent breaches of duty, the Nutritionist shall only be liable for damages arising from the violation of essential contractual obligations (cardinal obligations). Essential contractual obligations are those that make the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely. In such cases, the liability of the Nutritionist is limited to foreseeable damages typical for this type of contract.

(c) Exclusion of Further Liability
Further liability of the Nutritionist beyond what is outlined in the above paragraphs is excluded. In particular, there is no liability for the success desired by the Customer, such as a specific weight reduction or improvement of medical conditions.

(d) Customer’s Own Responsibility

(i) No Medical Treatment
The Nutritionist’s services do not constitute medical advice or therapy and are not a substitute for visiting a doctor. If the Customer experiences health complaints or uncertainties, it is the Customer’s duty to seek medical advice.

(ii) Compliance with Recommendations
The Nutritionist assumes no liability for damages that arise from the Customer failing to follow or only partially following the Nutritionist’s recommendations or instructions.

(iii) Independent Responsibility
When implementing dietary recommendations, the Customer acts on his or her own responsibility and bears the general life risk for his or her own actions.

(e) Proof of Lesser Damage
To the extent that a liability limitation applies in favor of the Nutritionist, the Customer is free to prove that the damage was lower.

(f) Business Liability Insurance
The Nutritionist maintains appropriate professional liability insurance. Any claims for damages, however, remain limited to the scope of the liability principles set out in the above provisions.

10. Data Protection

(a) Controller
The Controller for the processing of personal data within the meaning of the GDPR is [Name, Address, possibly Company of the Nutritionist].

(b) Purposes of Processing and Legal Basis

(a) The personal data collected (e.g., name, contact details, health-related information) is processed solely for the purpose of fulfilling and executing the contractual relationship.

(b) The legal basis is Article 6(1)(b) GDPR (contract performance).

(c) If additional data (e.g., for newsletters or marketing purposes) is to be processed, the Nutritionist will obtain the Customer’s express consent in advance (Article 6(1)(a) GDPR).

(c) Recipients of the Data
Data is only disclosed to third parties if this is necessary for contract performance (e.g., tax advisor) or if there is a legal obligation. Beyond this, no data is disclosed to third parties without the Customer’s express consent.

(d) Storage Period
Data will be stored only for as long as required for the performance of the contract or as long as any statutory retention period applies.

(e) Rights of the Data Subject
In accordance with applicable data protection regulations, the Customer has in particular the following rights:

  • The right to obtain information about any personal data stored,
  • The right to rectification of incorrect or incomplete data,
  • The right to erasure or restriction of processing, provided no legal storage obligations conflict with this,
  • The right to object to processing,
  • The right to data portability, if technically feasible.

The Customer may exercise these rights at any time by contacting the Nutritionist (contact details can be found in the imprint/contract).

(f) Obligation to Provide Data
The provision of personal data is necessary for concluding and performing the contract. Without this data, it may not be possible or may only be possible to a limited extent to enter into a contract or perform the services.

(g) Further Information
Further information on data protection and the processing of personal data is provided in the Privacy Policy on the website [insert URL]. On request, it can also be provided to the Customer in text form.

11. Confidentiality and Non-Disclosure

(a) Handling Confidential Information
The Nutritionist is obliged to treat all personal, health-related, and business information of the Customer acquired in the course of the contractual relationship as strictly confidential and not to disclose it to third parties without the Customer’s express consent.

(b) Duration of Confidentiality
This obligation of confidentiality applies indefinitely, beyond the end of the contractual relationship, unless there is a legal obligation to disclose.

(c) Medical Data
Where the Customer provides health data to the Nutritionist (e.g., allergies, illnesses, dietary records), such data constitutes special categories of personal data (Article 9 GDPR). The Nutritionist processes this data only on the basis of the Customer’s express consent or to fulfill the contract.

(d) Exceptions
The confidentiality obligation does not apply if the Nutritionist is legally obligated to disclose information or if there is a court or official order. In such cases, the Nutritionist will promptly inform the Customer of the disclosure, to the extent legally permissible.

(e) Further Provisions
The data protection provisions in Section 8 of these GTC remain unaffected.

12. Term of the Contract and Termination

(a) Individual Sessions

(i) If individual sessions (e.g., a one-time nutritional consultation) are booked, the contractual relationship ends automatically upon completion of the agreed session and full payment of the fee.

(ii) No separate termination is required in this case unless a further agreement has been made.

(b) Consultation Packages

(i) If the Customer books a package (e.g., 5 or 10 consultation sessions), the contract is limited to the number of sessions included in the package.

(ii) The contractual relationship ends when all sessions included in the package have been provided or have expired. An extension of the consultation package is possible by mutual agreement and requires a written or text-form agreement (e.g., email).

(iii) Any unused sessions will expire if they are not used within [XX] months/weeks after conclusion of the contract. There is no right to a refund for unused sessions, unless the Customer can prove that he or she was unable to use the sessions for reasons attributable to the Nutritionist.

(c) Meal Plans

(i) The creation of individual meal plans is based on a limited-term agreement, which usually covers XX weeks (e.g., 4, 8, or 12 weeks).

(ii) The contract begins on the date of written or text-form confirmation and ends automatically after this agreed number of weeks, without the need for termination.

(iii) If an extension is desired (e.g., to continue optimizing the meal plan), this shall be arranged through a corresponding new agreement between the Nutritionist and the Customer.

(d) Coaching (Weekly or Monthly Contracts)

(i) For coaching programs set for a specific number of weeks or months, the term begins on the start date specified in the contract and ends automatically after the number of weeks or months agreed in the contract.

(ii) Ordinary termination during the term is excluded unless otherwise agreed. The statutory right to extraordinary termination for good cause remains unaffected.

(iii) If the Customer wishes to extend the coaching beyond this period, a new booking or extension agreement with the Nutritionist is required before the term ends.

(e) Termination for Good Cause

(i) The right of both parties to extraordinary termination for good cause remains unaffected at all times. Good cause exists in particular if a contractual party repeatedly violates essential contractual obligations or if continuation of the contractual relationship is unreasonable for health or operational reasons.

(ii) Termination for good cause must be given in written or text form (e.g., email).

(f) Right of Withdrawal for Consumers
If the Customer is a consumer and the contract was concluded via distance selling or away from business premises, the statutory right of withdrawal applies (see Section [13] of these GTC). This right of withdrawal may expire before the end of the agreed term (e.g., if the service has been fully provided and the consumer has given his or her prior express consent).

(g) Consequences of Early Termination

(i) If the contract is terminated prematurely (e.g., by extraordinary termination for good cause), the Nutritionist is entitled to payment for any services already provided.

(ii) In the case of packages or fixed-term programs (meal plans, coaching), payment is calculated proportionately up to the date of termination. Amounts already paid for future services that will not be rendered must be refunded to the Customer proportionately, unless the Customer is responsible for the premature termination.

13. Right of Withdrawal for Consumers

(a) Statutory Right of Withdrawal
If the Customer is a consumer within the meaning of Section 1 of these GTC and the contract is concluded by distance selling or away from business premises, the Customer has a right of withdrawal of 14 days. The details (start of the period, exceptions, model withdrawal form) can be found in the separate cancellation policy, which will be provided to the Customer in text form at the conclusion of the contract.

(b) Withdrawal Policy
The details of the right of withdrawal (requirements, start of the period, how to exercise it, model withdrawal form) are set out in the separate cancellation policy, which is made available to the Customer at the latest at the time of conclusion of the contract.

(c) Reduction or Expiry of the Right of Withdrawal
The right of withdrawal expires prematurely if the Nutritionist has fully provided the service owed and only began providing the service after the Customer gave his or her express consent and at the same time confirmed awareness that the right of withdrawal would be lost upon full performance of the contract by the Nutritionist.

14. Online Dispute Resolution

(a) Information on Online Dispute Resolution for Consumers: We draw attention to the possibility of online dispute resolution (the “ODR Platform”). Consumers may use the ODR Platform as a contact point for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase or service contracts. The ODR Platform can be accessed via the following link: http://ec.europa.eu/consumers/odr. We are not willing to participate in dispute resolution through this ODR Platform.

15. Copyright and Scope of Use

(a) Copyright Protection
(i) All documents, materials, recipes, meal plans, flyers, videos, and other materials (hereinafter “Educational Materials”) provided in the course of nutritional counseling and support are protected by copyright. Unless expressly stated otherwise, all rights (in particular copyright and ancillary copyright) in these materials belong exclusively to the Nutritionist.

(b) Granting of Simple Rights of Use
(i) The Nutritionist grants the Customer only a simple, non-transferable right to use the provided Educational Materials for his or her own private purposes. This right of use is limited in time to the duration of the consulting relationship unless otherwise agreed in writing.

(c) No Distribution or Duplication
(i) Any distribution of Educational Materials to third parties, any duplication, publication, or other exploitation (e.g., commercial use) is prohibited without the express written consent of the Nutritionist. This also applies to free distribution on the internet.

(d) No Transfer of Ownership
(i) By making the Educational Materials available, no ownership of the materials is transferred. The Customer does not acquire any further rights to the content, trademarks, logos, or images.

(e) Termination of the Contract
(i) Upon termination of the contractual relationship or upon request by the Nutritionist, any existing digital copies of the Educational Materials must be deleted or made inaccessible in the agreed form, provided there is no statutory retention obligation.

(f) Infringements of Copyright
(i) In the event of copyright infringements, the Nutritionist reserves the right to take legal action and to assert claims for damages.

16. Final Provisions

(a) Written or Text Form
Unless otherwise stipulated in these GTC, amendments, supplements, and collateral agreements must be made at least in text form (e.g., email) in order to be effective, unless a stricter form is required by law. This also applies to the waiver of this formal requirement. Oral agreements are only binding if they are confirmed in text form by the Nutritionist.

(b) Priority of Individual Agreements
Individual agreements made with the Customer (including ancillary agreements and supplements) always take precedence over these GTC. The content of such agreements is determined by a written contract or a confirmation issued in text form by the Nutritionist.

(c) Severability Clause
Should individual provisions of these GTC be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a suitable regulation shall be agreed that comes as close as possible to the economic intent.

(d) Place of Jurisdiction and Governing Law
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the Nutritionist and the Customer is the registered office of the Nutritionist. The law of the Federal Republic of Germany applies. For consumers, the statutory rules on jurisdiction apply.