Terms and Conditions

The Terms and Conditions (T) of nutritionist Anna Gugl, MSc (Life and Social Counselor, limited to nutritional counseling), Glangasse 3, 5020 Salzburg, apply to the business relationship between private business clients.

1. THE CONSULTING SERVICES

The consulting services are provided by Anna Gugl, MSc, nutritionist. The information does not constitute medical advice in the sense of medical practice and does not replace medical diagnosis(es), consultation, and treatment by a physician. The subject of the consulting service is the provision of an agreed-upon service, not a physical outcome. The type and scope of the consultation may vary individually. Anna Gugl, MSc generally carries out her activities based on the standards of the German Nutrition Society (DGE) as well as in accordance with the principles of proper professional practice according to the regulation of the Federal Minister for Economic Affairs on professional and practice rules for the life and social counseling trade (§ 119 Trade Regulation Act 1994).

Nutritional counseling is about empowering self-help.

Anna Gugl, MSc strives to perform all work with the utmost care, observing generally accepted industry knowledge and recognized nutritional science principles. All recommendations and analyses are made to the best of her knowledge and belief. Anna Gugl, MSc does not provide warranties or guarantees for the content of such recommendations. The success of nutritional counseling is largely outside the nutritionist’s sphere of influence and depends significantly on the cooperation of the person being advised (hereinafter referred to as “Client”) and therefore cannot be warranted or guaranteed.

2. 2.GENERAL
   By using the website and booking a consulting service, you expressly agree to the TCs. Regulations deviating from the TCs are only valid if expressly confirmed by the provider. Should individual parts thereof become invalid, the other parts remain valid in their meaning.

2.1. Conclusion of Contract
All offers made by the nutritionist are non-binding and subject to change. Services are ordered exclusively by the Client. The contract is concluded only upon confirmation by the nutritionist.

3. NUTRITIONAL COUNSELING
3.1. Engagement for Nutritional Counseling
A service contract is concluded with the Client, not a contract for work. The Client orders a consulting service tailored to their personal needs (individual consultations, consultation packages, or coaching offers), which cannot be returned after provision or receipt. The exercise of the statutory right of withdrawal after the start of service provision (from the first appointment of a consultation unit) is therefore no longer possible. Orders are placed during the initial consultation, by phone, SMS/WhatsApp, or email. All appointments arranged in this manner are considered binding. For the first appointment, or in advance by email, a completed client data sheet/anamnesis form must be brought, in which the Client confirms knowledge of the TCs. Regulations regarding cancellation and postponement apply as in section 3.5.

The fee for an appointment package or coaching is due at the first appointment, unless otherwise agreed upon in individual cases. Transfer to other persons is possible by arrangement.

3.3. Payment
Payment methods for consultations are cash or bank transfer. The fee for individual consultations is invoiced at each appointment. There is no registration fee, commitment, or contracts with minimum terms for this. Coaching is invoiced from the start but can be paid in monthly installments. Follow-up care in the form of ongoing appointment (blocks) can be continued and booked at one’s own discretion, whereby independently arranging an appointment counts as agreement to the booking. If payment is delayed after receiving the invoice, a payment reminder will be sent by email. If the Client does not comply with the payment request within a reasonable period, default interest of 5% may become due. Furthermore, a reminder fee of 5 Euros is agreed upon for each subsequent reminder letter.

3.4. Appointment Scheduling
Every consultation is an appointment-based consultation, meaning appointments only take place after prior arrangement. Your personal appointments are confirmed directly during the consultation, by phone, SMS/WhatsApp, or email. For coaching, the agreed number of appointments is set (online or in person). For important reasons, longer intervals between appointments can be arranged (e.g., vacation, illness…).

3.5. Cancellation and Postponements
Cancellations and postponements can be submitted by phone or email, with timely receipt of the message being important. Free cancellation is possible at any time up to 48 hours before the appointment. Please understand that for later cancellations, I will charge a cancellation fee of 50%, and for cancellations on the day of the appointment or no-shows, a cancellation fee of 100%. In case of illness, these fees are naturally waived; please provide me with a medical certificate.

3.6. Cancellation Policy for Workshops and Seminars:
Any registration can be canceled free of charge in writing up to 14 days before the start of the course. From 13 days before the start, 50% of the course fee is payable. In case of cancellation after the start of the course, the entire course fee, including the cost of teaching materials, is generally due. The cancellation fee is waived if a medical certificate is presented before the start of the course or if someone from the waiting list can take the spot.

3.7. Place of Service
The place of service for all consulting services is the agreed-upon location. Online, the client’s place of residence, supermarket, or any other location in Salzburg or Austria that has been agreed upon by phone, in person, SMS/WhatsApp, or email.

4. DEFECTS IN SERVICE/LIMITATION OF LIABILITY
The nutritionist is liable to the Client only for the consequences of breaches of duty caused by gross negligence or intent on the part of the nutritionist. The foregoing limitation of liability does not apply to breaches of essential duties (cardinal duties) by the nutritionist, nor to Client claims for damages resulting from injury to life, body, or health.

Consulting services, as well as nutrition and training plans, are provided and created to the best of knowledge and belief. Anna Gugl, MSc guarantees to provide the services offered free of defects that would negate or reduce their value or suitability for ordinary use or use stipulated by the contract. An insignificant reduction in value or suitability remains disregarded. Should there be a significant impairment of the service’s suitability for ordinary use or use stipulated by the contract, the nutritionist first has the right to rectification. A reasonable period of 14 days is agreed upon for rectification or subsequent provision of the service. This period begins from the time the nutritionist receives or should have received knowledge of the need for rectification or subsequent provision of a service. Consultations and coaching are based on the current state of science and technology, taking into account the latest findings and comprehensive client education. Nevertheless, the nutritionist cannot assume the risk for negative effects of individual psychological, physical, and health peculiarities of the Client that were not obvious and led to undesirable side effects in connection with the information or products provided. Claims against Anna Gugl, MSc and her vicarious agents for such consequences, which are not based on intent or gross negligence, are excluded. The Client must not disregard that the information provided cannot and must not replace recommendations made by the treating physician or a health authority. In any case, the information provided by the nutritionist must not be understood as a diagnosis, therapy, or treatment. Likewise, this information does not replace a doctor’s consultation. The Client must note that the specific health suitability of the program compiled by the nutritionist can only be determined by their doctor based on a specific consultation. Anna Gugl, MSc is not liable for damages of any kind arising from the use of the information provided.

5. CONFIDENTIALITY

For the nutritionist, absolute confidentiality and the protection of personal client data are fundamental principles of the trusting cooperation between her and the Client. The Client can release the nutritionist from the duty of confidentiality through a written declaration.

The storage and processing of client data, including electronically, is carried out in compliance with legal requirements. The Client expressly agrees to communicate with the nutritionist also via email or other electronic means of communication.

The duty of confidentiality and data protection principles also apply beyond the termination of nutritional counseling. The duty of confidentiality and data protection principles also apply to all employees of the nutritionist.

6. MISCELLANEOUS

All ancillary agreements, changes, and additions require written form to be effective. Should parts of the T be invalid, the validity of the remainder remains unaffected. The invalid clause will then be replaced by mutual agreement with another that comes closest to its economic purpose and intention.

7. JURISDICTION

Austrian law applies to all legal relationships between the parties. The place of jurisdiction is Salzburg.

Right of Withdrawal Information

Who has a right of withdrawal?

The right of withdrawal applies to consumers, natural persons who conclude legal transactions that cannot be attributed to either their commercial or independent professional activity.

No right of withdrawal exists for (§ 18 FAGG)
The consumer has no right of withdrawal for distance contracts concerning goods manufactured according to customer specifications or clearly tailored to personal needs. Likewise, the consumer has no right of withdrawal for digital products that are delivered immediately and completely.

The consumer has no right of withdrawal for distance contracts concerning services if Anna Gugl, MSc has begun the performance of the service due to the consumer’s express request and if the consumer has confirmed their knowledge of losing the right of withdrawal upon full contract performance, even before the expiry of the withdrawal period, and thus the service has been fully rendered.

How long can the consumer withdraw (§ 11 para. 1 FAGG)?

For all other distance contracts, the consumer has the right to withdraw from the contract within 14 calendar days without stating any reasons.

When does the withdrawal period begin (§ 11 para. 2 FAGG)?

The withdrawal period begins in the case of a sales contract

• from the day on which the consumer or a third party designated by the consumer, who is not the carrier, has acquired physical possession of the goods.
• Or if the consumer or this third party has ordered several goods as part of a single order that are delivered separately, from the day of receipt of the last goods.
• In the case of delivery of goods in several partial shipments or pieces, from the day on which the consumer or this third party acquires possession of the last partial shipment or the last piece.
• For contracts concerning the regular delivery of goods over a defined period, from the day on which the consumer or this third party acquires possession of the first goods.

In the case of a service, the withdrawal period begins from the day the contract is concluded.

How must the withdrawal be declared (§13 FAGG)?

The withdrawal can be declared by the consumer using the statutory model withdrawal form (see below) or with a corresponding clear declaration of the decision to withdraw from the contract. Anna Gugl, MSc must be informed by email or by a letter sent by post. You can find the contact details on our contact page. The withdrawal form below can be used, but it is not mandatory.

To comply with the withdrawal period, it is sufficient for the consumer to send the declaration of exercising the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal:

If the consumer withdraws, Anna Gugl, MSc is obliged to refund all payments made by the consumer immediately and no later than within 14 days from the receipt of the withdrawal declaration.

The consumer shall bear the costs of returning the goods, if applicable.

For the refund, the same payment method will be used that the consumer used for the original transaction, unless expressly agreed otherwise. No transaction fees will be charged for the refund.

Anna Gugl, MSc is entitled to refuse the refund until the returned goods have been received or until proof has been provided that the goods have been sent back (whichever is earlier).

The goods must be returned or handed over by the consumer to Anna Gugl, MSc without undue delay (no later than within 14 days) from the day on which they informed Anna Gugl, MSc of the contract withdrawal. The deadline is met if the goods are dispatched before the expiry of the 14-day period.

If the consumer has requested that Anna Gugl, MSc begin the performance of services during the withdrawal period, they must pay Anna Gugl, MSc a reasonable amount corresponding to the proportion of services already rendered up to the time of exercising the right of withdrawal compared to the total scope of the service provided for in the contract.

Diminution in Value of Goods

The consumer is only liable to pay compensation for diminution in value if this is due to handling the goods in a manner not necessary for examining their nature, characteristics, and functioning. Mere removal of the goods from the packaging does not create an obligation for the consumer to compensate; only further diminution in value, which also includes improper packaging during return leading to damage to the goods, does.

Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back)

To

Anna Gugl, M.Sc.

Glangasse 3

5020 Salzburg

contact@nourise-health.com

I/We hereby withdraw ………………………………………………………………………………………..

The contract concluded by me/us …………………………………………………………………………………………………………………..

for the purchase of the following goods …………………………………………………………………………………………………………………………………………………………

/ the provision of the following services ………………………………………………………………

Ordered on …………………………………………………/ received on ………………………………………………………

Name of consumer(s) ………………………………………………………………………………………………..

Address of consumer(s) …………………………………………………………………………………………………………………………………………………………

Signature of consumer(s) (only when communicating on paper)

…………………………………………………………………………………………………………………………………………………………

Date ………………………………….

The deadline is met if you send the goods before the expiry of the 14-day period.

Under certain circumstances, you bear the direct costs of returning the goods.

Disclaimer

Liability for Content

As a service provider, Anna Gugl, MSc is responsible for her own content on these pages according to general laws, pursuant to § 7 para. 1 TMG. However, according to §§ 8 to 10 TMG, the nutritionist, as a service provider, is not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this regard is only possible from the time of knowledge of a concrete legal infringement. Upon becoming aware of corresponding legal infringements, Anna Gugl, MSc will immediately remove this content.

Liability for Links

The offer contains links to external websites of third parties, over whose content Anna Gugl, MSc has no influence. The respective provider or operator of the linked pages is always responsible for their content. The linked pages were checked for possible legal violations at the time of linking. No illegal content was discernible at the time of linking.

However, permanent monitoring of the linked pages is not reasonable without concrete evidence of a legal violation. Upon notification of legal violations, the nutrition expert will remove such links immediately.

Copyright

The content and works created by the site operators on these pages are subject to German copyright law. The duplication, processing, distribution, and any form of utilization outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use.

Insofar as the content on this page was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon notification of legal violations, we will remove such content immediately.

(Source: eRecht24)

All contents of the homepage are legally protected. The use, duplication, and modification of the contents/texts, images, etc., require written permission from the site operator. However, simply linking to all content on this homepage is permitted and does not require special permission, provided that the source is acknowledged in the form of a link and corresponding labeling.

Image credits:

Photography: Christina Ebner

Disclaimer

1. Content of the online offer: The author assumes no liability for the topicality, correctness, completeness, or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information presented or by the use of incorrect or incomplete information are excluded, unless there is evidence of intentional or gross negligence on the part of the author. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement, or delete parts of the pages or the entire offer without prior notice, or to discontinue publication temporarily or permanently.

2. References and links: In the case of direct or indirect references to external websites (links) that are outside the author’s area of responsibility, a liability obligation would only come into effect if the author was aware of the content and it was technically possible and reasonable for him to prevent its use in the event of illegal content. The author hereby expressly declares that, at the time the links were created, no illegal content was discernible on the pages to be linked. The author has no influence whatsoever on the current and future design, content, or authorship of the linked/connected pages. Therefore, he hereby expressly distances himself from all content on all linked/connected pages that have been changed since the link was created. This statement applies to all links and references set within the author’s own website, as well as to external entries in guest books, discussion forums, and mailing lists set up by the author. The provider of the page to which reference was made is solely liable for illegal, incorrect, or incomplete content and, in particular, for damage arising from the use or non-use of such information, and not the person who merely refers to the respective publication via links.

3.Copyright and trademark law: The author endeavors to observe the copyrights of the graphics, sound documents, video sequences, and texts used in all publications, to use graphics, sound documents, video sequences, and texts created by himself, or to make use of license-free graphics, sound documents, video sequences, and texts. All brands and trademarks mentioned within the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Duplication or use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the author.

4. 4.Data protection If there is the possibility to enter personal or business data (e-mail addresses, names, addresses) within the website, the disclosure of this data by the user takes place on an expressly voluntary basis. The use and payment of all offered services is – as far as technically possible and reasonable – also permitted without providing such data or by providing anonymized data or a pseudonym. The use of contact data published within the framework of the imprint or comparable information, such as postal addresses, telephone and fax numbers, and e-mail addresses, by third parties for the purpose of sending information that has not been expressly requested is not permitted. Legal action against the senders of so-called spam mails in the event of violations of this prohibition is expressly reserved.

5. 5.Legal validity of this disclaimer: This disclaimer is to be regarded as part of the website from which reference was made to this page. If parts or individual formulations of this text do not, no longer, or do not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.

6. 6.Google Analytics: This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

7. 7.SocialPlugIns: This website integrates plug-ins from the social network Facebook, Facebook Inc., Menlo Park, California, United States, in the form of a “Like button” and/or the social network Google Plus from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, in the form of a “+1 button”. The plugin enables a direct connection between the user’s browser and the Facebook or Google server. Facebook or Google thus determine information (in particular the date and time of the website visit and other browser-related information) of the user on the website. If the user clicks on the Facebook “Like button” or the Google “+1 button” while the user is logged into his Facebook account or Google account, Facebook or Google is also able to assign the visit to the website to the user’s profile. Further information can be found here [http://www.facebook.com/help/186325668085084] and here [http://www.google.com/intl/de/+/policy/+1button.html]. By visiting the website, you expressly agree to such use of your user information.