CANCELLATION AND PARTICIPATION CONDITIONS

according to the E-Commerce Act (§ 5 ECG)
and disclosure according to the Media Act (according to § 25 Media Act)

Operator of the platform:
Julia Reindl, M.A. | A-4230 Pregarten, Bindergasse 32
+43 (0)650 4040784 | support@jaw-yoga.com | https://jaw-yoga.com 

Member of the Upper Austrian Speech Therapy Association.
Job title: Speech therapist (awarded in Austria).

Terms and Conditions

General Terms and Conditions of Julia Reindl, M.A. (as of 22.7.2024)

1. General Provisions
1.1. The following General Terms and Conditions (GTC) apply to all legal transactions between Julia Reindl, M.A., Bindergasse 32/3, 4230 Pregarten (hereinafter referred to as "Julia Reindl") as the operator of the online shop https://www.jaw-yoga.com/ (hereinafter referred to as "Online Shop"). Julia Reindl's services are exclusively based on these GTC in their current version. Different terms and conditions of customers are only accepted if they have been explicitly and bindingly agreed upon in writing.

1.2. Julia Reindl reserves the right to change these GTC at any time. Existing customers will be informed of such changes. The customer's continued use of Julia Reindl's services will be considered as acceptance of the amended GTC.

1.3. The contract language is English.

1.4. If these GTC require the written form, this requirement is generally met by an email, with the sender bearing the burden of proof for the receipt of such an email.

2. Offer and Conclusion of Contract
2.1. All information regarding goods and prices in the online shop as well as during the customer's ordering process is non-binding.

2.2. The products offered in the online shop do not constitute a legally binding offer.

2.3. The customer can only submit their offer via the online shop's order form. By clicking the "Register with obligation to pay" button, the customer submits a binding order. The customer is obliged to complete the fields provided in the order form truthfully and completely.

2.4. After submitting the order, the customer receives an automatically generated order confirmation. This order confirmation does not constitute acceptance of the contract. The customer is obliged to notify any obvious errors in the order confirmation or discrepancies between the order and the order confirmation immediately.

2.5. The purchase contract is only concluded upon the notification of the registration confirmation or upon registration on the online platform.

2.6. Julia Reindl reserves the right to reject orders without giving reasons. Julia Reindl also reserves the right to determine the manner of order fulfillment.
2.7. Access to the online platform is limited to the duration of the purchased program. Exceptions are specified on the respective product page.

3. Right of Withdrawal
3.1. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform Julia Reindl by a written declaration (by post or email) of your decision to withdraw from this contract at one of the following addresses: Julia Reindl, M.A., Bindergasse 32/3, A-4230 Pregarten, Email: support[at]jaw-yoga.com. The customer may use the attached sample withdrawal form (Appendix 1 of the GTC), which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.

3.2. Consequences of Withdrawal
If you withdraw from this contract, Julia Reindl will refund all payments received from you, promptly and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract is received. For this refund, the same payment method will be used that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund.

4. Payment Methods
Payments are made via PayPal or credit card, or you can place an order upon request. For inquiries, you will receive a prepayment invoice and support from our team.

5. Payment Terms
5.1. The prices listed apply at the time of the order. Billing is in EUR. Only the payment methods offered during the ordering process are accepted.

5.2. The invoice amount is due within five days from the invoice date without deduction.

5.3. If the customer is in default of payment, a reminder with a grace period of 14 days will be issued. If the reminder is unsuccessful, Julia Reindl is entitled to withdraw from the contract. All collection and prosecution costs incurred due to the delay in payment shall be borne by the customer.

6. Description and Conditions of Our Online Payment Options
6.1. Credit Card: Customers can conveniently and securely pay for their purchases with a valid Visa or MasterCard credit card. Please note that no credit check is required for using the credit card option.

6.2. PayPal: We accept payments via PayPal to offer our customers a secure and trustworthy payment method. Customers can quickly and securely complete transactions with their PayPal account. No separate credit check is required for PayPal payments.
Please note that we reserve the right to reject certain payment methods depending on the customer's creditworthiness or other reasons. In such a case, we will inform customers and, if necessary, offer alternative payment options.
By using our website and placing an order, you agree to these payment methods and conditions.
For further questions or information about our payment methods, we are happy to assist you.

7. Technical Steps to Place an Order
7.1. How to Select a Product
To select a product, simply click the "Register" button. This button is located on the product pages. Here you will also find detailed information about its features, payment plans, and availability.

7.2. Completing the Order Process
Customers can enter their address details and select the desired payment method (PayPal or credit card) through the "Register" button, which leads to the order form. The order and payment process takes place via Thrivecart.com. After entering the necessary data for the respective payment provider, customers will be redirected to its website to complete the payment.

7.3. Order Confirmation and Shipping Information
Upon receipt of the order, customers will receive an order confirmation. Customers will receive another confirmation email containing information and access links.
For further questions about the ordering process, we are happy to assist you.

8. Warranty / Liability
8.1. The customer can request improvement (repair or supplementation of the missing item), exchange of the item, an appropriate reduction in price (price reduction), or cancellation of the contract (rescission) due to a defect attributable to Julia Reindl. Initially, the customer can only demand improvement or exchange of the item unless improvement or exchange is impossible or associated with disproportionate costs for Julia Reindl compared to the other remedy. Whether this is the case is also determined by the value of the defect-free item, the severity of the defect, and the inconvenience associated with the other remedy for the customer. Improvement or exchange must be carried out within a reasonable period and with the least inconvenience to the customer, considering the nature of the item and the purpose pursued with it. If both improvement and exchange are impossible or associated with disproportionate costs for Julia Reindl, the customer has the right to a price reduction or, unless it is a minor defect, the right to rescission. The same applies if Julia Reindl refuses to improve or exchange or fails to do so within a reasonable period, if these remedies would cause significant inconvenience to the customer, or if they are unreasonable for the customer for good reasons attributable to Julia Reindl.

8.2. Julia Reindl is generally only liable for damages caused by intent or gross negligence. Liability for slightly negligent damages is excluded. This limitation of liability does not apply to personal injury. Compensation for consequential damages, financial losses, unrealized savings, interest losses, and damages from third-party claims against the customer is excluded unless caused by Julia Reindl intentionally or through gross negligence.

8.3. If Julia Reindl is liable for a damage under statutory provisions, Julia Reindl's liability, as well as that of its employees and agents, is limited to intent and gross negligence. Any further liability of Julia Reindl is excluded.

8.4. Julia Reindl's liability for damages resulting from improper handling and improper use of the products is excluded.

9. Retention of Title and Prohibition of Set-Off
9.1. Julia Reindl retains ownership of the purchased items until full payment of the purchase price; any transfer of the goods while the retention of title is in effect is expressly prohibited.

9.2. The customer has no right to set off claims against the seller; the same applies to the right of retention based on possible claims against the seller.

10. Intellectual Property Rights
10.1. The website operated by Julia Reindl and its entire content, especially texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations, and any software, as well as all trademarks and/or designs, are protected against unauthorized use by industrial property rights, particularly copyrights, name and image rights, trademarks, and/or registered or unregistered design rights.

10.2. All messages, graphics, and design of the website www.jaw-yoga.com are exclusively for the personal information of Julia Reindl's customers. Use is at the customer's own risk. The reproduction, copying, and printing of the entire website are only permitted for the purpose of ordering from Julia Reindl as the operator of the virtual shop. Any use beyond selecting and purchasing goods requires prior written consent from Julia Reindl or, if the respective rights are not held by Julia Reindl, from the rights holder. Any further editing, reproduction, distribution, and/or public reproduction exceeds the usual use and constitutes a violation of copyright.

10.3. For special orders or orders outside the existing range, Julia

Reindl assumes that the customer has ensured that no third-party rights are infringed. If articles are manufactured by Julia Reindl according to drawings or original samples from a customer, Julia Reindl accepts no liability for any third-party rights, particularly no industrial property rights. In the event of third-party rights violations, the customer undertakes to indemnify and hold Julia Reindl harmless.

11. Recognition of the Consumer's Place of Residence Court
The contract partners agree to apply Austrian law. If the consumer has their residence or habitual abode in the country or is employed in the country, then a lawsuit against them can only be filed in the jurisdiction where the residence, habitual abode, or place of employment is located; this does not apply to legal disputes that have already arisen.

12. Sales to Consumers or Entrepreneurs
We sell to both end customers and business customers. If you are a business customer, please place your order by phone or email, and provide your company registration number and VAT number. We will provide you with a non-binding offer and, upon your confirmation, you will receive a sales invoice according to your details.

13. Privacy Policy and Consent
13.1. The provisions of the Data Protection Act in its current version are complied with.

13.2. You agree that Julia Reindl may store, use, process, and analyze your provided data as well as all data arising from the business relationship for its services and the associated activities. You agree that Julia Reindl may use the same data to send information about products, services, special or promotional offers by mail, phone, fax, or email.
You can revoke this consent at any time in writing by email or post and configure it accordingly.
13.3. Julia Reindl accepts no liability for any misuse of the provided data by third parties.

14. Information Offer Does Not Replace Medical or Therapeutic Treatment
The information provided by jaw-yoga.com is solely for your information and does not replace personal consultation, examination, or diagnosis by a doctor. Jaw-yoga.com makes no healing promises, does not serve diagnostic purposes, and does not replace medical or therapeutic treatment. The information provided does not replace a doctor's visit but can usefully complement and support the dialogue between patients and doctors. Julia Reindl does not guarantee the accuracy of information regarding the effectiveness of medications or therapies and recommends consulting a doctor before participating in a program. The programs on jaw-yoga.com are intended only as supportive measures. We also warn against self-medication. The content provided by jaw-yoga.com cannot and must not be used to create independent diagnoses and/or independent selection and application or modification or discontinuation of medications, other medical products, or treatments. In case of doubt, please consult your doctor beforehand.

15. Final Provisions
15.1. Place of performance is Pregarten, Austria.

15.2. Unless mandatory legal provisions provide otherwise, Austrian law expressly applies to this contract; the application of UN Sales Law is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: the competent court at the place of business of Julia Reindl is responsible.

15.3. If individual provisions of these GTC are invalid or unenforceable, the validity of the rest of these GTC remains unaffected. In this case, the invalid or unenforceable provisions will be replaced by valid and enforceable provisions that come as close as possible to the purpose of the provisions to be replaced legally and economically.