These general trading conditions (AGB) apply to the use of the online service of mamala-family.com - operated by
Mamala Inc. ( limited liability), authorized representative managing director: Anna-Catarina Seminara and Kenneth David Roach, Nordhäuser Straße 65, 64380 Roßdorf, E-Mail: firstname.lastname@example.org,
Register court: Local court Darmstadt register number: HRB 96192, tax number: 007 235 10395, tax office Darmstadt, VAT-ID-No.: DE309961871 according to § 27a UStG:
(2) The Mamala Inc. (limited liability) offers under the domain mamalafamily.online platform for mothers after having already completed a retraining course (not mandatory). A comprehensive offer is provided for the users alone and together with the baby. In addition to the fitness training sessions, training units for mothers are also offered. Besides, mamalafamily.com gives useful nutritional tips for mothers (also nursing mothers) as well as tips for various care measures and herbal products. mamala-family.com will provide so-called explanatory videos for this purpose, which the users can use after appropriate registration according to the conditions below.
(1) A prerequisite for the retrieval of the offer under mamala-family.com is the prior registration. Registration is only permitted to natural, unrestricted persons who use the Services as consumers for private purposes.
(2) When registering, the user must truthfully complete all mandatory fields marked with "*".
(3) If a change of the given data occurs after the registration, the user is obliged to inform mamala-family.com about the changes of the given data immediately.
(4) When registering, the user must specify a password, which the user is obliged to keep secret. Password changes are made by an automated query. Any damage, which results from the passing on of the password or the other abusive use of the password, will not be taken over by mamala-family.com.
(5) Only through the confirmation of the registration by mamala-family.com and the activation of the user account a contractual relationship between the user and mamala-family.com is established.
(6) Mamala-family.com is entitled to refuse or revoke a registration; there is no right to be authorised or used by the Platform. The user account is only available with the prior consent of mamalafamily. com to another user.
(1) The use of the contents of mamala-family.com Pelvic Home (8 modules pelvic floor course), BabyBellyFitness (12 weeks program - "After Birth") & the KombI package (Pelvic Home & BabyBellyFitness) together, is for the registered users from the day of activation, depending on the total for 3.5 or 8 months. For this period a one-time fee of regular 120,- Euro for Pelvic Home, 175,- Euro for BabyBellyFitness and 295,- Euro for the Kombi Package (all including VAT) or a monthly payment divisible according to the above mentioned access times.
(2) The accrued prices can be paid through the payment methods accepted by mamala-family.com (SEPA/direct debit, PayPal, VISA, MasterCard, American Express & Apple Pay).
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must contact us (Mamala Inc. (limited liability), Managing Directors authorized to represent: Anna-Catarina Seminara and Kenneth David Roach, Nordhäuser Straße 65, 64380 Roßdorf, E-Mail: email@example.com) inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
If you revoke this contract or cancel your membership with Mamala, Mamala Inc. (limited liability) will refund you the price of your order/registration immediately and at the latest within fourteen days from the day on which we have received notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. Your membership ends at the end of the current month of service. Your active account will be suspended (you will no longer have access). However, your personal data will be retained. If you wish to have them deleted, you must explicitly inform Mamala Inc. (limited liability).
(1) Mamala-family.com grants after payment (see above) the registered users unlimited access to the above mentioned services. The access to the platform will remain after the contract period (without content).
(2) The website mamala-family.com can usually reach the (registered) user 24 hours a day. However, mamala-family.com does not give a guarantee for the accessibility of the services, nor is mamala-family.com liable for any disturbances in the Internet and the associated unavailability of the site and services. Disturbances of the server function due to force majeure (such as natural disasters etc.), network disturbances, strike, lockout, official orders and similar cases are not to be represented by mamala-family.com anyway.
(1) The user undertakes to use all content only as intended and only for private purposes and to observe the applicable laws and all rights of third parties. Use for commercial purposes such as use in the fitness studio is strictly prohibited; If known, mamala-family.com will take legal action against this abuse, in particular the assertion of damages.
(2) Mamala-family.com may, at its own discretion, take further action if there are concrete indications that a user is in breach of the aforementioned obligations or other legal obligations.
(1) Contracts for the use of mamala-family.com are concluded for the time as mentioned above, based on the products. The contractual relationship begins with the day of the confirmation of the registration, the admission and activation by mamala-family.com. After the expiration of the contract period, the contract is not extended automatically and ends without the need for a termination by the parties.
(2) There is no right of ordinary termination for the aforementioned contract period.
(3) An exception to this is extraordinary termination for an important reason, whereby there is an important reason for mamala-family.com even if a user culpably violates essential obligations of the contract or these general terms and conditions.
(4) The extraordinary termination of the contracts can be made in writing and in text form (e.g. by email).
(1) Every user is obliged to consult a doctor or a midwife before participating in the program of mamala-family.com. The programs are used by the users on their own responsibility, i.e. all information and services are used at their own risk. There is also personal responsibility for the exercises, which can be done together with a baby. In case of dizziness, nausea or other complaints, it is strongly recommended to stop the training immediately and consult a doctor.
(2) Mamala-family.com does not guarantee that the offered training units and tips meet the different expectations of the users and especially does not guarantee that success will be achieved from the use of mamala-family.com. With the back training units it should also be noted that this program does not require a normal back training course (e.g. with a midwife), but is desirable. A rehabilitation course with a midwife or similar is not replaced by the rehabilitation units of mamala-family.com.
(3) The users must also note that no diseases can be diagnosed or treated with mamala-family.com mamala-family. com in no case replaces the consultation and care by a midwife or a physician or a nutritional or sports scientific care. The nutritional tips or tips for other products are not medical advice.
(4) All persons or companies involved in the exercises of mamala-family.com are therefore not liable for damages to persons, objects or other assets that occur during the imitation of the presented exercises.
(5) Mamala-family.com assumes no responsibility for content on linked external websites and excludes any liability in this regard. Mamala-family.com does not guarantee in particular that these contents are correct.
(6) Mamala-family.com is liable without limitation, regardless of the preceding and following limitations of liability, for damages to life, body and health, which are based on a negligent or intentional breach of duty of the legal representatives or the vicarious agents of mamala-family.com, as well as for damages, which are covered by the liability according to the product liability law, as well as for all damages, which are based on intentional or grossly negligent breach of contract as well as fraudulent intent of the legal representatives or the vicarious agents of mamala-family.com.
(7) Mamala-family.com is also liable for damages caused by simple negligence, as far as this negligence concerns the violation of such contractual obligations, whose observance is of special importance for the achievement of the contract purpose (cardinal obligations). Mamalafamily.com is only liable as far as the damages are typically connected with the contract and are foreseeable. Incidentally, mamalafamily.com is not liable for simple negligent violations of non-essential contractual obligations.
(8) Any further liability is excluded regardless of the legal nature of the claim asserted. As far as the liability of mamala-family.com is excluded or limited, this also applies to the personal liability of the employees, workers, co-workers, representatives and assistants.
(1) Mamala-family.com reserves the right to change the general terms and conditions at any time with effect for the future, provided that this appears necessary for mamala-family.com (e.g. with changed legal and/or legal situation) and the users are not discriminated against contrary to good faith.
(2) The amended terms and conditions will be sent to the users by e-mail in due time and will also be published on the website. If the user does not object to the validity of the new GTC within six (6) weeks after receipt of the e-mail, the amended GTC shall be deemed accepted.
(3) If the user contradicts the validity of the new terms and conditions within the above mentioned period, mamala-family.com is entitled to terminate the contractual relationship with the user with immediate effect. If mamala-family.com terminates the contractual relationship with immediate effect, then mamala-family.com has to pay the user an appropriate amount, which corresponds to the portion of already provided services in comparison to the total scope of the contractually provided services.
(4) Mamala-family.com will inform the users about the right of objection and the meaning of the objection period with the notification of the Terms and Conditions change.
(1) On contracts between mamala-family.com and the user the right of the Federal Republic of Germany applies under exclusion of the international private law and the UN-purchase right taken over into German right.
(2) There are no subsidiary agreements. Changes or additions to the Terms and Conditions must be in written form. This also applies to the cancellation of this written form requirement.
(3) Should individual regulations of these general terms and conditions be or become ineffective, the effectiveness of the remaining regulations will not be affected. The ineffective provision is considered to be replaced by one that comes economically as close as possible to the meaning and purpose of the ineffective provision. The same applies to any existing loopholes.
The European Commission provides an online out-of-court dispute resolution platform (OS Platform), available at: http://ec.europa.eu/odr Consumers have the possibility to use this platform for the settlement of their disputes.