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**§ 1 Scope of Application**

These General Terms and Conditions (AGB) apply to the contractual relationship between Georg Cornelius (hereinafter "InFlows") (Sonnenriedstrasse 1, 8855 Wangen, Switzerland, Email: gc@in-flows.ch, Tel: +41 799334583) and the customer (hereinafter "Customer") regarding the consulting services provided by InFlows. Deviating terms and conditions of the customer shall not be part of the contract, even if InFlows does not explicitly object to them.

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**§ 2 Conclusion of Contract and Contractual Relationship**

2.1 The contract between InFlows and the customer may be concluded verbally (via video chat, telephone, etc.) or in writing. If the contract is concluded verbally, the customer is not entitled, unless otherwise agreed, to receive the contract details in writing from InFlows.

2.2 Verbal agreements result in contracts between InFlows and the customer through mutual declarations of intent. The customer agrees that InFlows may record the phone call and/or video chat for proof and documentation purposes.

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**§ 3 Scope of Services**

3.1 InFlows provides standardized or individual online-based consulting services in the field of e-commerce/webshop strategy, depending on the booking. The services provided by InFlows are consultancy services and not the creation of a work. Unless explicitly agreed otherwise in writing, InFlows does not owe the delivery of a work. In particular, InFlows is not responsible for whether the customer achieves higher conversion rates as a result of the consultancy. Detailed service descriptions are part of the individual contract between InFlows and the customer.

3.2 If the customer is required to cooperate, they must do so fully and in a timely manner. If the customer fails to cooperate, the performance by InFlows can no longer be ensured. The entitlement to performance will therefore be forfeited, while InFlows' entitlement to payment remains.

3.3 InFlows reserves the right to determine the manner of providing the services, as long as this is necessary to fulfill the order. InFlows will always act in the best interest of the customer and provide the agreed services according to the contractual conditions. Changes to the nature or scope of the services, required by legal regulations or other circumstances, will be communicated to the customer in due time.

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**§ 4 Duties and Obligations of the User, Prohibited Behaviors**

4.1 The user agrees to provide truthful and complete information upon registration and to keep it up to date during the contract period. Changes must be communicated immediately.

4.2 For the use of video training sessions, it is necessary that the customer expressly consents to the recording and storage of video recordings of their person (in accordance with the provisions in Appendix 1). Otherwise, this offer cannot be used.

4.3 The forwarding of work and performance results to third parties (including affiliated companies) is prohibited. Editing the services without prior written consent from InFlows is not allowed.

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**§ 5 Payment Terms**

5.1 All agreed fees are exclusive of the statutory VAT. InFlows is entitled to send electronic invoices.

5.2 Payment for InFlows' services is due immediately upon invoicing. Any granted direct debit authorization applies to all future business relationships between InFlows and the customer until revoked.

5.3 If a direct debit agreement is made, the customer must provide InFlows with a written direct debit mandate after the contract is concluded. The following template must be used: "I authorize InFlows, Sonnenriedstrasse 1, 8855 Wangen, Switzerland, and their agents to collect payments from my account by direct debit. I also instruct my bank to honor the direct debits drawn by Swiss InFlows from my account. Note: I can request a refund of the debited amount within eight weeks, starting from the date of the charge. The terms and conditions agreed upon with my bank for payments via SEPA direct debit apply. [Place for account holder: First name, surname, street, house number, postal code, city, bank (name and BIC), IBAN, city, date, signature of the account holder]".

5.4 If agreed direct debits cannot be collected from the customer's account and a chargeback occurs, the customer is obliged to transfer the outstanding amount to InFlows within three working days after the chargeback and bear the costs incurred by the chargeback from the bank.

5.5 The customer may only offset claims against InFlows to the extent that their claims are undisputed or legally established. Counterclaims from the same contractual relationship are exempt from the offsetting restriction. Claims for reversal of the contract after cancellation by the customer are not subject to the offsetting restriction.

5.6 InFlows is entitled to collect overdue claims through third-party providers (e.g., Digistore24, Copecart, PayPal, etc.).

5.7 Non-compliance with defined payment deadlines may result in the suspension of services if payment is not made within 14 days after a reminder. If payment is overdue by more than 30 days, the contract is terminated, and InFlows will not provide further services.

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**§ 6 Contract Duration**

The contract has the minimum duration specified in the order form. During this minimum duration, neither party has the right to terminate the contract. If no minimum duration is specified in the main contract, it is three months. Termination must be in writing to be effective. The right to extraordinary termination remains unaffected.

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**§ 7 Liability**

7.1 InFlows is liable for intentional and grossly negligent behavior. InFlows is also liable for negligent violations of duties that are necessary for the proper performance of the contract and on which the customer can regularly rely. In such cases, InFlows' liability is limited to foreseeable, typical contract damages.

7.2 InFlows is not liable for slight negligence in the violation of other duties than those mentioned in the preceding sentences. The above-mentioned exclusions of liability do not apply in cases of injury to life, body, or health, or if InFlows has fraudulently concealed a defect or has assumed a guarantee for the condition of a product. The same applies to agreements between InFlows and the customer regarding the condition of the product.

7.3 The liability under the Product Liability Act remains unaffected. Data transmission over the Internet cannot be guaranteed to be error-free and continuously available according to the current state of technology. InFlows is not liable for the continuous and uninterrupted availability of its website.

7.4 The above restrictions also apply to the legal representatives and agents of InFlows, if claims are made directly against them.

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**§ 8 Right of Withdrawal**

If you, as a customer, are a consumer within the meaning of Swiss Obligation Law (OR), you are entitled to a right of withdrawal. The details of exercising this right of withdrawal are specified in Appendix 2. A consumer is any natural person who concludes a contract for purposes that are predominantly outside their commercial or self-employed professional activity.

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**§ 9 Data Protection and Data Security**

The customer assures that when transferring personal data to InFlows, they will comply with the provisions of the Swiss Data Protection Act (DSG).

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**§ 10 Copyright**

We hold copyrights to all images, films, and texts published on our website. The use of these images, films, and texts is not permitted without our explicit consent.

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**§ 11 Final Provisions**

11.1 Deviations from these AGB are only valid if agreed upon in writing. Individual agreements between InFlows and the customer (including side agreements, additions, and modifications) always take precedence over these AGB. For the content of such agreements, a written contract or written confirmation from InFlows is decisive.

11.2 The law of the Swiss Confederation applies, excluding the UN Sales Convention. If you have placed an order as a consumer and are residing in another country at the time of your order, the mandatory legal provisions of that country remain unaffected by the law chosen in sentence 1. If you are a merchant and your place of business is in Switzerland at the time of the order/contract, the exclusive jurisdiction is the seller’s place of business. Otherwise, the applicable statutory provisions apply for both local and international jurisdiction.

11.3 Dispute Resolution: The European Commission has established an online platform for dispute resolution. The platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase contracts. More information is available at the following link: [http://ec.europa.eu.proxy.ub.uni-frankfurt.de/consumers/odr](http://ec.europa.eu.proxy.ub.uni-frankfurt.de/consumers/odr). We are neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board.

11.4 If any provision of these AGB is or becomes invalid or void, the validity of the remaining provisions remains unaffected. The parties will replace the invalid/void provisions with a provision that most closely reflects the intended purpose of the invalid/void provision.