Terms Of Service for Sofiianygaard.com
Terms of service
I. General Terms and Conditions of Business
§ 1 Scope of application
1.1 The following General Terms and Conditions for orders in the Sofiia Nygaard Online Shop (www.sofiianygaard.com) apply exclusively to the business relationship between the customer and us as the provider (Sofiia Nygaard) in their currently valid version.
1.2 A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a contract, is acting in the exercise of a commercial or independent professional activity.
Online Courses and Terms of Use
• Access and Usage: By purchasing or enrolling in any online course offered on Sofiianygaard.com, you agree to use the course materials solely for personal, non-commercial purposes. Access to course content is limited to the individual who has purchased or registered for the course, and sharing login credentials or course materials with others is prohibited.
• Pricing and VAT:
o All prices for online courses are listed in [specify currency, e.g., EUR]. For customers within the EU, applicable VAT will be added at checkout in compliance with EU tax regulations.
o Customers outside the EU may not be charged VAT, but they are responsible for any other applicable taxes in their respective countries.
o We recommend consulting with local tax authorities for further information on potential taxes related to digital services or online courses in your country.
• Refunds and Cancellations: Refund requests for online courses are subject to our refund policy, as outlined on the course purchase page. Refund policies may vary based on your location due to different consumer protection laws, particularly within the EU. Please review the specific terms for each course before completing your purchase.
o In accordance with EU consumer rights (Directive 2011/83/EU), EU customers have a 14-day right to withdraw from the purchase of an online course, provided that the course content has not been accessed or downloaded.
o For customers outside the EU, refund requests are considered on a case-by-case basis, based on Sofiianygaard.com’s discretion and refund policy terms.
• Intellectual Property and Copyright: Course materials, including videos, PDFs, and other resources, are protected by copyright and may not be copied, distributed, or reproduced without prior written permission from Sofiia Nygaard. This policy applies globally, and unauthorized sharing of course content is strictly prohibited.
• Disclaimer and Liability: While we make every effort to ensure the accuracy and quality of our online courses, Sofiianygaard.com makes no guarantees regarding specific results or outcomes. By participating in our courses, you acknowledge that Sofiianygaard.com is not liable for any direct, indirect, or consequential damages arising from your use of the course materials.
• Customer Support: If you have questions about your course purchase, our support team is available to assist you. Please contact us at [email address] or through the contact form on our website, and we will respond as soon as possible.
Terms and Conditions
Purchase of Online Services and Receipt of Emails
• Digital products are delivered either through a membership site or via email. It is your responsibility to save these emails, as they contain important information about access to purchased products, including any login details.
• Products can be purchased using VISA, Mastercard, or PayPal. Your card information is encrypted, so we do not have access to your payment card details.
• All prices are in EURO and include VAT.
• The personal information you provide when purchasing through our website is stored on ClickFunnels, which is GDPR-compliant, ensuring that personal data is stored securely and in accordance with applicable EU laws. No additional data is stored beyond what you provide at the time of purchase, and this information is not shared with third parties.
• The email address you provide during your purchase will be used to send you essential information about your purchase, including invoices and delivery details.
• If you have opted in to receive newsletters/marketing emails, you will receive these only if you have given your consent. You can unsubscribe from newsletters/marketing emails at any time. All emails include a link at the bottom where you can view your subscription status and unsubscribe if desired.
Right of Withdrawal
• If you wish to cancel your purchase within 14 days, Sofiia Nygaard will refund the full amount paid, with the following exceptions:
o Digital Products: The 14-day right of withdrawal is valid until you log in for the first time to access the product, which constitutes downloading or utilizing the product. After this, the right of withdrawal expires. If the product is delivered directly for download without login, there is no right of withdrawal.
o Sessions (after booking has been made): After a booking has been made and confirmed, specific rules apply. If you are unable to attend at the scheduled time, you must contact Sofiia Nygaard as soon as possible and no later than 48 hours in advance to reschedule. Failure to do so will result in a forfeiture of the consultation, and the fee will not be refunded.
Terms for Online Courses
• Registration is binding.
• If you cancel your participation more than eight days before the course start date, an administration fee of 5% of the total course price plus VAT will be charged.
• If you wish to cancel within eight days of the course start date, you have the following options:
o You may transfer your place in the course to another person, or
o You can exchange your course fee for other services we offer, including future courses.
• Once the course has started, participation is binding, meaning that you cannot transfer your place to another person or receive a refund.
Terms for Membership and Group Forums
• To protect everyone’s privacy and create a safe and trustworthy environment in Sofiia’s online forum (such as private Facebook groups), the following rules apply:
o It is not allowed to contact other participants unsolicited, outside the group, either personally or professionally.
o It is not permitted to advertise, link to, or otherwise promote your own or others' websites with sales content, products, or events. Links to personal commercial Facebook pages are also not allowed.
o Inviting other participants to your own or others’ Facebook groups or similar communities is prohibited.
o Profile names/usernames and signatures may not reference company names, websites, products, or other commercial content.
o It is not allowed to share posts or links to websites, blogs, Facebook pages, etc., with commercial content.
• Delivery usually occurs within a few minutes, but in exceptional cases, it may take up to five business days.
Copyright and Usage Rights
• All rights to courses, workshops, events, and digital products belong to Sofiia Nygaard. Upon purchase, you receive only a license to use the purchased product for private use. Products and materials must be kept confidential and may not be distributed or shared with third parties. All materials are protected by copyright law and may not be shared, copied, or plagiarized. Violation of this policy will result in legal action.
• All products and services are purchased and used at your own risk and cannot replace veterinary or other professional assistance. All products and services should be regarded as inspiration and not as a substitute for professional help. Sofiia Nygaard cannot be held liable for any direct or indirect side effects caused by these services.
Physical Products: Terms and Conditions of Sale
• Product Descriptions: We strive to provide accurate descriptions of all physical products available on Sofiianygaard.com. However, we do not guarantee that the product descriptions, images, or other content are error-free, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice.
• Pricing, VAT, and Import Duties:
o All prices are listed in [specify currency, e.g., EUR] and include applicable VAT for orders within the EU, unless otherwise stated.
o Orders placed from countries outside the EU may be subject to additional import duties, taxes, and fees determined by the destination country's customs authorities. These charges are the responsibility of the customer and are not included in the product price or shipping fees.
o We recommend contacting your local customs office for more information on potential additional costs before placing an order outside the EU.
• Ordering and Payment: When you place an order, you agree to provide accurate, current, and complete information, including your contact and payment details. We accept various payment methods, as specified during the checkout process. By submitting your payment information, you authorize us to charge the applicable amount to your chosen payment method.
• Shipping and Delivery:
o Orders are typically processed and shipped within [specify time frame, e.g., 3-5 business days]. Delivery times vary depending on your location and chosen shipping method. Estimated delivery dates are not guaranteed and may vary based on the destination and customs processing.
o International shipping times are generally longer, and any delays due to customs or import regulations are outside our control.
o We are not responsible for any delays or additional charges resulting from customs processes, import restrictions, or other country-specific regulations.
• Risk of Loss: All items purchased from Sofiianygaard.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon delivery to the carrier. We are not liable for items lost or damaged during international shipping; however, please contact us immediately for support if issues arise.
• Returns and Refunds: In accordance with Italian consumer rights laws (Legislative Decree 206/2005, Consumer Code), EU customers have the right to withdraw from the purchase contract for most products within 14 days of receiving their order, provided the product is unused and in its original packaging.
o For non-EU customers, we accept returns on a case-by-case basis, following the same condition that items must be unused and in original packaging.
o Any return shipping costs, import duties, and taxes associated with international returns are the responsibility of the customer. Please review our [Return Policy](insert link) for more details.
• Warranty and Liability: We comply with EU warranty requirements, including a two-year warranty for physical products to address any conformity defects within this period. Any warranty claims for non-EU customers are subject to the terms and conditions of the original manufacturer and applicable laws in the customer's country. Sofiianygaard.com is not liable for any damages or injuries resulting from the use or misuse of the products purchased from our site.
• Customer Service: If you have questions or concerns about your order, please contact our customer service team at [email address] or through the contact form on our website. We are here to assist you with any issues related to your purchase.
§ 2 Conclusion of contract
2.1 The subject of the contract is the sale of goods.
2.2 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue.
2.3 You can submit a binding purchase offer (order) by clicking on the "Buy" button (or a comparable designation). In this case, the goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" at any time and make changes by clicking on the corresponding button in the navigation bar. After you have clicked on the "Checkout" or "Continue to order" button (or similar) and entered your personal details as well as the payment and shipping conditions, you will finally be shown your order details in the form of an order overview.
Before you send the order, you can check the data in the order summary again, correct it (also using the "Back" button on your browser) or cancel the order.
By submitting the order via the corresponding button ("Order with obligation to pay", "Buy" / "Buy now", "Order with obligation to pay" or similar designation), you are placing a binding order.
2.4 The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by a confirmation in text form (e.g. e-mail), with which the execution of the order or the delivery of the goods is confirmed (order confirmation).
If you do not receive such a message, you are no longer bound by your order. In this case, any payments already made will be refunded immediately.
2.5 Sofiia Nygaard is free to refuse online orders. In the event that Sofiia Nygaard does not fulfil an order, Sofiia Nygaard will inform the customer immediately.
2.6 The order processing and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct and that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Processing, Clickfunnels
We use the clickfunnels platform (https://www.clickfunnels.com/) to provide our offers and to process orders.
§ 4 Special agreements on payment methods offered
The customer pays at his/her own discretion. We offer the customer various payment methods, which are listed below.
4.1 We accept payment by credit card (VISA and Euro-/Mastercard). When placing an order by credit card, the customer must provide his/her 16-digit card number, the security code and the expiry date. The credit card account will be debited when the order is finalized.
4.2 If a payment method is selected that is offered via "PayPal" / "PayPal Checkout", payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of retention, ownership reservation
5.1 You may only exercise a right of retention insofar as it is based on claims arising from the same contractual relationship.
5.2 The goods shall remain our property until the purchase price has been paid in full.
5.3 If you are an entrepreneur, the following also applies: You may not resell the goods.
§ 6 Warranty
6.1 The statutory warranty rights apply.
6.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage. Complaints must be reported to us and the transport company immediately. Failure to make a complaint or contact us has no effect on your statutory warranty claims. However, they do make it easier for us to assert our own claims against the carrier or the transport insurance company.
6.3 If a quality of the goods deviates from the objective quality, the deviation shall only be deemed agreed if we have pointed this out to you before submitting your contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of fulfilment, place of jurisdiction
7.1 Italien law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn (principle of favorability).
7.2 The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Itlay or the EU, or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
7.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
Sofiia Nygaard
Via Rodabella 14
06044 Castel Ritaldi
Italy
E-mail: contact@sofiianygaard.com
Out-of-court dispute resolution:
The European Commission offers a platform for out-of-court online dispute resolution (ODR platform) at https://ec.europa.eu/odr.
We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are based on the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3 Contract language, storage of the contract text
3.1 The contract language is english.
3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping basket system, the contract data can be printed out or saved electronically using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services are set out in the respective offer.
5 Prices and terms of payment
5.1 The prices stated at the time of the order shall apply.
5.2 The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes inside Italy and EU.
5.3 Shipping costs are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
5.4 In the case of deliveries to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer costs (bank transfer or exchange rate fees), which are to be borne by you.
5.5 Any money transfer costs incurred (bank transfer or exchange charges) shall be borne by you if the delivery is made to a member state of the European Union but the payment was initiated outside the European Union.
5.6 The payment methods available to you are listed on our website or in the respective offer under a correspondingly labelled button.
5.7 Unless otherwise stated in the respective payment method, the payment claims from the concluded contract are due for payment immediately.
6 Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2 If you are a consumer, the risk of accidental loss and accidental deterioration of the goods sold during despatch shall not pass to you until the goods are handed over, irrespective of whether the despatch is insured or uninsured. This does not apply if you yourself have commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7 Right of cancellation
7.1 Cancellation policy
You have the right to cancel your contractual declaration within two weeks without having to state a reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (Cappall ApS, Sundtoften 2, 2960 Rungsted Kyst, phone: 0045 44 10 22 56, e-mail: info@cappall.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the returns portal to do this, but you do not have to. You can find more information on this in the returns policy or directly from the Customer Care Team at info@cappall.com. Timely dispatch of the cancellation notice is sufficient to meet the cancellation deadline.
7.2 Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. However, this only applies once we have received the goods back or you have provided proof that you have sent the goods back (e.g. by means of the parcel service's proof of posting). If you have not yet paid for the goods, you do not have to pay the purchase price for the cancelled purchase contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period. You must bear the costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.3 Sample cancellation policy
If you wish to cancel the contract, you can also complete this form and return it to us:
To Sofiia Nygaard, Via Rodabella 14, 06044 Castel Ritaldi, e-mail: info@sofiianygaard.com.
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods
Ordered on (...)/received on (...)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification in paper form)
Date
8 Statutory liability for defects
In our General Terms and Conditions (Part I), liability for defects is regulated under the heading "Warranty".
Last updated: Oktober 2024
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