Terms & Conditions (EN)

Name and Address of Provider:

Benjamin Fechtner

c/o Block Services

Stuttgarter Str. 106

70736 Fellbach (Germany)

E-Mail:info@benjaminfechtner.com

1. Scope

1. These Terms & Conditions (“Terms”) apply to all contracts for digital content and/or digitally delivered services (“Offers”) purchased through our online shop.

2. Any terms and conditions of the customer shall not apply unless the Provider expressly agrees to them in writing.

3. Contract languages: English and German. In case of discrepancies, the English version shall prevail.

2. Definitions

1. “Digital content” means data produced and supplied in digital form (e.g., PDFs, audio files).

2. “Digital services” means services performed in a digital manner (e.g., individually created audio/PDF responses).

3. The specific scope of an offer results from the product description in the shop and, where applicable, from the product-specific terms in the Appendix.

3. Subject matter and purpose of the Offers

1.The subject matter of the contract is the provision of digital content and/or the performance of digital services as described in the product description.

2. Target audience and purpose

The Offers are intended for adults (18+), who wish to orient themselves through short impulses for self-reflection (e.g., in phases of inner uncertainty, overwhelm, or decision pressure). The purpose is personal reflection support and perspective opening; no diagnostics or treatment are provided.

3. No specific outcome is owed.

4. Contract conclusion

1. The presentation of Offers in the shop does not constitute a legally binding offer, but an invitation to place an order.

2. By clicking the button “Buy now” (or an equivalent wording used at checkout), including where payment is processed via our payment provider, the customer submits a binding offer to purchase the selected Offer.

3. A contract is concluded once the customer completes the order process and payment is successfully processed and/or the Provider confirms the order (depending on the shop flow).

4. Before submitting the order, the customer has the opportunity to review the entered information, identify input errors and correct them (e.g., via the order overview page and/or the back function of the browser/checkout). We store the contract data in accordance with applicable law. These Terms & Conditions are available at any time and can be accessed in the shop.

5. Price, Taxes, Payment, Due Date

1. The prices displayed at the time of ordering apply. As a small business under Section 19 of the German VAT Act (UStG), we do not charge VAT and therefore do not show VAT on invoices.

2. The available payment methods depend on the payment options offered in the shop at checkout.

3. Payment is due immediately upon completion of the order. Access to digital content and/or the start of service delivery requires successful payment

4. Chargebacks:

In the event of a chargeback or any disputed payment, the Provider may temporarily suspend access to digital content and/or pause service delivery until the matter is resolved. The customer is asked to contact the Provider first at info@benjaminfechtner.com to allow for quick resolution

6. Delivery, provision and processing times

1. Digital content is provided via download link and/or email, depending on the Offer..

2. For digital services, processing begins only once all required customer information has been received (see Section 7).

3. Delivery/processing times are stated in the product description and/or in the product-specific terms.

4. Downloads and any provided materials are intended for the customer’s personal use only. Sharing with third parties, resale, public distribution, or uploading to platforms is not permitted unless explicitly agreed otherwise.

5. The Provider may engage suitable vicarious agents (e.g., subcontractors) to perform contractual obligations. Sales, payment processing, and technical delivery may be handled via third-party platforms and external service providers (e.g., shop/payment providers, hosting or email services). The Provider remains the customer’s contractual partner and responsible for proper performance. Temporary technical disruptions or limitations outside the Provider’s control (e.g., outages of platforms/service providers) are subject to statutory provisions and the liability section of these Terms.

7. Customer cooperation duties

1. The customer must ensure that the provided email address is correct and able to receive emails/download links (check spam/junk folders).

2. Where an Offer requires individual processing, the customer must provide the necessary information fully and in a comprehensible manner.

3. Delays caused by missing or insufficient customer input extend delivery/processing times accordingly.

8. Rights of use / intellectual property

1. Unless otherwise stated, the customer receives a non-exclusive, non-transferable right to use the provided digital content for personal use only.

2. In particular, the following are prohibited without the Provider’s prior consent: sharing with third parties, public distribution, uploading to platforms, resale, and commercial use/exploitation.

9. Professional disclaimer / no substitution for qualified services

1. The Offers do not replace psychotherapy, coaching, medical treatment, or professional advice by qualified experts (e.g., legal, financial, medical).

2. No promises of healing or guaranteed outcomes are made, and no diagnoses are provided.

3. The customer remains fully responsible for their decisions and actions.

4. The Offers are not suitable for acute crisis situations. In emergencies, please seek immediate professional help (e.g., local emergency services/medical support).

10. Right of withdrawal (consumers) and early expiry

1. Consumers generally have a statutory right of withdrawal for distance contracts. Details are set out in the Provider’s Withdrawal Policy: Withdrawal Policy.

2. Digital content: The right of withdrawal may expire early for digital content if the customer expressly consents to the Provider starting performance before the withdrawal period ends and acknowledges that the right of withdrawal is lost as a result (typically via a checkout checkbox).

3. Digital services: For services, the right of withdrawal may expire early under the statutory conditions if the service has been fully performed and the customer provided the required express consent (and acknowledgement) beforehand.

11. Statutory rights for defects (digital products)

1. Statutory rights apply. For consumer contracts relating to digital products, the special rules of Sections 327 et seq. of the German Civil Code (BGB) apply where relevant.

2. The customer is requested to report technical issues promptly to enable quick correction (e.g., re-provision of the file/link).

12. Liability

1. The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health.

2. In cases of slight negligence, the Provider is liable only for breach of material contractual obligations (cardinal duties) and limited to foreseeable, typical damages.

3. In cases of slight negligence, the Provider shall not be liable for breaches of non-material (non-essential) contractual obligations.

4. No specific outcome is owed. The Offers are for self-reflection and orientation and do not replace legal, tax, medical, or financial advice.

5. The Provider is not liable for third-party content or external links unless the Provider expressly assumes responsibility. Continuous, uninterrupted availability of the shop, platforms, or services is not owed unless explicitly agreed.

6. Any further liability is excluded to the extent permitted by law.

13. Data protection

Information on personal data processing is provided in the Privacy Policy: Privacy Policy.

14. Consumer dispute resolution

1. The Provider is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board, unless a legal obligation exists.

2. Note: The EU Online Dispute Resolution (ODR) platform has been discontinued as of 20 July 2025.

15. Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. For consumers, this choice of law applies only insofar as it does not deprive the consumer of mandatory protections of the country of their habitual residence.

3. If any provision is invalid, the remaining provisions remain effective.

Appendix 1 – Product-specific terms

1. Shift Drops

1. “Shift Drops” is an individually created reflective response intended for self-reflection, delivered either as an audio message or as a PDF.

2. The Provider decides whether the response is delivered as audio or as a PDF, unless the product description explicitly states otherwise.

3. The customer may choose to receive the response in German or English by stating the preferred language in the request email. If no preference is stated, the response will be provided in English.

4. After purchase, the customer sends a brief description of their request by email to: info@benjaminfechtner.com

5. The response will be delivered within 48–72 hours after receipt of the request email.

6. “Shift Drops” is a one-time service per purchase unless explicitly stated otherwise.