Contact Address
André Frett
Holzmoosrütistrasse 28a
8820 Wädenswil
Switzerland
Phone CH: +41 79 365 2368
Phone DE: +49 172 134 2773
email: info@andre‒frett.com
Authorized representative(s)
André Frett
Scope of application and applicable law
1 Scope
(1) These General Terms and Conditions (AGB) apply to all legal transactions with consumers and businesses involving
André Frett
Holzmoosrütistrasse 28a
8820 Wädenswil
Switzerland
www.andre-frett.com
(hereinafter referred to as "I" or "me"). These legal transactions may be concluded personally, by mail, via messenger, email, during initial conversations, or through the website.
(2) The languages available for the conclusion of the contract are German and English. Translations into other languages are provided solely for your information. In case of discrepancies in wording, the German version prevails.
(3) These AGB are the exclusive terms and conditions. Any conflicting or deviating conditions that you use are not recognized by me unless I have explicitly agreed to their validity in writing or in text form.
(4) In individual cases, I may use a supplementary agreement alongside these AGB. This will be concluded separately between us and takes precedence over these AGB in case of any doubts.
2 Applicable Law and Consumer Protection Regulations
Formation of the Contract, Payment Terms, Duration of Contracts, and Withdrawal
3 Subject of the Contract
(1) The subject of the contract may include the following services (the list is not exhaustive):
Appearances (in person on-site or virtual)
Seminars (in person on-site or virtual)
Moderations (in person on-site or virtual)
Coaching (in person on-site or virtual)
(2) All offers on the internet are non-binding and do not constitute a legally binding offer to conclude a contract.
4 Prices, Payment Terms, and Due Dates
(1) My prices are net prices for business customers, plus the statutory VAT. For consumers, the gross amount is stated. Depending on the country from which the business customer comes, the reverse-charge procedure applies.
(2) An invoice will generally be sent to you via email in the form of a PDF document. The invoice amount is immediately due upon receipt of the invoice and must be paid to me immediately.
(3) Access to the respective services is made dependent on the prior receipt of payment. Once I have received your payment, you are entitled to my corresponding service from that point onward.
(4) For late payments, statutory interest and costs for appropriate reminders will be incurred. If internal reminders are unsuccessful, I can forward the outstanding claim for collection to a lawyer. In this case, you will incur costs for the use of legal representation.
(5) You are not entitled to assert a right of retention or to offset against my payment claims unless they are undisputed or legally enforceable counterclaims.
(6) Should you fall into payment arrears or otherwise be in default, I am entitled to refuse performance or delivery until all due payments have been made. I am also entitled to withhold, interrupt, delay, or completely stop services without being obliged to compensate for any damage that may arise. These rights apply in addition to any other contractual or statutory rights and claims I may have.
5 Conclusion of the Contract
(1) You contact me personally, by phone, via email, or through the contact form on this website (www.andre-frett.com). We may arrange an initial meeting, which would take place via Zoom.
(2) We clarify whether my offer is suitable for you and your request.
(3) I will present you with an offer. This offer is valid for the period specified by me, during which you can accept my offer.
If you decide to work with me, you inform me that you accept my offer. This is when the contract between us is concluded.
(4) Afterward, I will send you a confirmation of your booking and the invoice.
(5) The available payment options are payment via bank transfer/standing order. You will receive an invoice from me by email. The full invoice amount is due immediately upon ordering. Once your payment has been received, you are entitled to my corresponding service.
Bank transfer: I will send you the invoice as a PDF file via email. You will then transfer the specified amount to the account I have provided.
6 Right of Withdrawal for Consumers
(1) As a consumer, you have the right of withdrawal in accordance with the instruction set out in the annex.
(2) The withdrawal period begins with the conclusion of the contract. The contract is concluded when you receive the confirmation email of the purchase from me.
For the purchase of a physical product, the withdrawal period begins when the goods are delivered to you or to a person you have authorized.
You can withdraw from your purchase free of charge within 14 days.
(3) For services, such as coaching, the following special rules apply regarding the right of withdrawal:
If you purchase the coaching program and I am to start the service directly or within the 14-day withdrawal period, you waive your right of withdrawal in this regard.
I will inform you BEFORE completing your booking/order: "You expressly request that I begin the service before the 14-day withdrawal period expires. Therefore, you waive your right of withdrawal if I fully provide the service. In the case of partial performance to you (as a customer) within the withdrawal period, I am entitled to payment for the service rendered, even if you withdraw."
(4) If the booking is canceled within 14 days and I have already started the service during this time, you are only entitled to a partial refund of your costs. Services already rendered will be deducted from the refund accordingly.
(5) For digital content/products, the following special rules apply regarding the right of withdrawal:
If you purchase a digital product and receive the full content immediately after payment, you waive your right of withdrawal.
BEFORE completing the order, you declare the waiver of your right of withdrawal: "I hereby waive my 14-day right of withdrawal so that I can directly access the full digital content."
AFTER completing the purchase of digital content, I will confirm the expiration of the right of withdrawal by providing this declaration for you to save, so it is accessible to you at any time.
(6) If you have not paid a purchase price for my service or the digital content but have provided your personal data, the right of withdrawal expires upon the start or provision of my service by law.
7 Contract Duration and Termination
(1) The duration of our contract depends on the booked program. In general, the contract ends automatically upon fulfillment. This means you have paid my full fee and I have provided the corresponding service.
(2) The extraordinary right of termination for either party remains unaffected. My extraordinary right of termination is particularly applicable if you have fallen into arrears with payments more than twice, if you intentionally violate provisions of these GTC, and/or if you have intentionally or negligently committed prohibited acts or if our trust relationship has been significantly disturbed.
Details on the Service Offer and Cancellations
8 Scope of Services and Non-Utilized Services
(1) The scope of the service is determined by the program or service.
(2) If you repeatedly cancel a booked appointment, no further appointment is required to be offered. The appointment will then expire. The claim for payment for the appointment remains in place. The payment for the appointment will be retained. There is no entitlement to a refund.
(3) If you cancel a booked program or service, you are not entitled to a refund of the payments made.
9 Cancellation and Cancellation Fees
(1) Cancellation of a service or program is not possible. If you still decide to cancel the program or a service, you are not entitled to a refund of the payments made.
(2) If any additional costs arise because I am obligated to bear costs due to your cancellation, you will be required to cover these additional costs. You will receive a list of these cancellation costs in writing via email.
10 Cancellation by Me
(1) I am entitled to cancel an appointment if the speaker falls ill at short notice and no substitute can be arranged. A replacement appointment will be offered for the canceled session.
(2) If a participant behaves in violation of the contract by breaching these General Terms and Conditions, I have the right to exclude them from the program or service. This is particularly the case if the participant disrupts the course of the event and fails to stop after being asked, or if the participant repeatedly fails to keep agreed-upon appointments (e.g., scheduled meetings). In this case, no costs will be refunded.
Rights and Duties of the Customer
11 Usage Rights for Digital Content or Materials from the Program
(1) Audio/video and PDF files, as well as other materials, may only be accessed (downloaded) and printed by you for personal use. Only within this scope are downloads and prints allowed. You may have the printing done by third parties (e.g., a copy shop) with technical assistance. All usage rights to the files and materials remain reserved to me. This means that the samples and materials, as well as the knowledge conveyed, may not be made accessible to third parties, neither free of charge nor for a fee. The materials are also not intended for advisory purposes.
(2) Therefore, making copies of files or prints for third parties, distributing or forwarding files and materials to third parties, or otherwise using them for purposes other than your own study, whether for a fee or not, requires my explicit prior written consent, both during and after the program.
(3) The trademarks and logos listed on the materials are protected by trademark law and copyright law. You are obligated to use the materials and files made available to you only in the manner expressly permitted or in accordance with mandatory legal provisions, and not to promote unauthorized use by third parties. This also applies after the conclusion, revocation, or termination of participation.
(4) Usage forms that are permitted under mandatory legal provisions are of course exempt from this requirement for prior consent.
12. Collection, Storage, and Processing of Your Personal Data
(1) In order to process and complete a booking, I require the following information from you:
First and last name
Address
Email address
For entrepreneurs, also company address and VAT ID number
Mobile phone number
(2) For paid services, the name information, particularly the company name, must be correct. The same applies to the address. Invoices will be issued based on this information. If corrections are necessary, this may lead to additional effort, which I will charge for at a reasonable rate.
(3) If there are any changes to your personal details, especially regarding a change in your email address, please notify me by email at info@andre-frett.com.
13 Provision of Suitable IT Infrastructure and Software
You are responsible for providing and ensuring internet access (hardware, telecommunications connections, etc.) and the other necessary technical equipment and software (in particular web browsers and PDF programs such as Acrobat Reader®, Zoom) required to use my online services, at your own expense and risk.
14 General Notes on My Services
(1) My programs and services are based on cooperation.
(2) Participation requires a willingness to learn and take responsibility. I cannot promise a specific outcome in these processes. I am merely a process facilitator, providing assistance, templates, and guidance. The implementation and decision-making are entirely your responsibility. In particular, I do not make any promises regarding the success of your book sales or the attendance and success of your events.
(3) You are fully responsible for your physical and mental health both during the sessions and in the period between appointments. Any actions you take based on coaching are your own responsibility. If you have a diagnosed mental health condition, please ask your doctor whether coaching is advisable. I reserve the right to terminate coaching in such cases.
(4) I am authorized to give instructions to you during offline congresses, network meetings, community events, or similar services.
(5) Participation is at your own risk.
(6) For offline events, I do not assume any liability for valuables brought by participants.
(7) You are required to cooperate in the event of performance disruptions within the scope of legal regulations and to avoid or minimize potential damages. In particular, please notify us immediately of any complaints.
15 Know-How Protection and Confidentiality
(1) You are aware that all information you receive during our cooperation about the nature of my services (ideas, concepts, and business experiences developed by me (know-how)) and which must be kept confidential according to legal requirements or the nature of the matter, is subject to business secrecy. Therefore, you commit to maintaining business secrecy and to keeping silence about the aforementioned information.
(2) In the context of a written agreement, you are allowed to speak/write about the nature of the cooperation with me.
(3) The obligation to maintain confidentiality continues beyond the end of our cooperation.
(4) The following information is not subject to confidentiality:
- Information that was already known before the confidentiality obligation,
- Information that was developed independently of me,
- Information that was publicly available at the time of receipt or subsequently became publicly accessible without your fault.
(5) A reasonable contractual penalty is due for any breach of the confidentiality obligation.
Confidentiality and Liability Provisions
16 Confidentiality of Both Parties
(1) I am committed to maintaining confidentiality regarding all confidential information you provide during and after the termination of our collaboration.
(2) You are obligated to maintain confidentiality regarding all information you come to know during the collaboration that is to be treated as confidential, and to use it only with my prior written consent when sharing it with third parties. This also applies to all documents you receive from me as part of the program or service or to which you have access.
(3) In group programs, the confidentiality obligation also applies to confidential information about other participants that you learn about during the program.
17 Liability for Content
(1) In my programs and services, I provide examples and/or options for action and, where applicable, offer general recommendations for action. The responsibility for implementation and the making of management decisions lies solely with you.
(2) The files and documents I provide are templates that you must adapt to your needs. I do not accept liability for the completeness and accuracy of these templates.
(3) I reserve the right to optimize and adjust the content at any time.
18 Limitation of Liability
(1) I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of duties that are essential for the proper execution of the contract, whose violation jeopardizes the achievement of the contract's purpose, and on which you can regularly rely. However, in the latter case, I am only liable for the foreseeable, typical contract-related damage. I am not liable for the slight negligent violation of duties other than those mentioned in the previous sentences.
The above liability exclusions do not apply in cases of injury to life, body, and health. Liability under the Product Liability Act remains unaffected.
(2) Data communication over the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Therefore, I am not liable for the constant and uninterrupted availability of the services offered.
(3) All liability limitations mentioned also apply to my agents.
19 Force Majeure
(1) Force majeure occurs when an external event occurs that is unrelated to business operations and cannot be prevented even with the utmost care that can reasonably be expected. Force majeure includes natural disasters (floods, earthquakes, natural catastrophes, storms, hurricanes, fires), political events (wars, civil wars), as well as other events such as epidemics, pandemics, diseases, and quarantine orders by authorities, countries, and states.
The list is not exhaustive, and similar events to those mentioned in paragraph 1 are also considered force majeure.
(2) The party that becomes aware of the event first must inform the other party promptly.
(3) In the case of force majeure as defined in paragraph 1, we agree that the contract performance will initially be suspended for the duration of the hindrance. This means that the services of both parties will be temporarily halted. Any fees already paid for consultations, events, conferences, projects, etc., will remain with me for this period. If further payments need to be made by you, these payments for already rendered services must still be fulfilled.
After the unforeseeable event ends, the contract will resume.
Any further potential damages will be borne by each party individually.
(4) If the event lasts longer than 6 months, either party is entitled to terminate the contract with a 3-week notice period to the end of the month in writing.
The services already rendered by me must be paid by you. Prepaid fees will be refunded by me. If you have made a payment securing a guaranteed spot at one of my conferences/events, this fee will not be refunded, as the service of securing your spot has already been provided by me, and is independent of whether the event/conference takes place or not. Any additional ticket fees, etc., will, of course, be refunded. In the case of this termination, each party will bear any further damages (e.g., hotel bookings, flight bookings, etc.) on their own.
20 Amendment of these Terms and Conditions
These terms and conditions may be amended if there is a legitimate reason for the change. Such reasons may include, for example, changes in laws, adjustments to my offerings, changes in case law, or alterations in economic conditions. In the case of significant changes that affect you, I will inform you in advance about the planned amendments. You have a 14-day right of withdrawal after being informed. After this period, the new provisions will become an effective part of the contract.
21 Final Provisions
(1) These terms and conditions are complete and final. Any changes or additions to these terms and conditions should be made in writing to avoid any ambiguity or dispute regarding the agreed contractual content. An email (in text form) is sufficient.
(2) For merchants as per the German Commercial Code (HGB), legal entities under public law, or public-law special assets, the place of jurisdiction is the registered office of André Frett.
(3) I would like to inform you that, in addition to the ordinary legal recourse, you also have the option of out-of-court dispute resolution according to Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following internet address: http://ec.europa.eu/consumers/odr. I do not participate in the dispute resolution procedure.
(4) Should any individual provisions of this contract be invalid or become invalid, the rest of the contract will remain unaffected. The agreed scope of services will then be adjusted to the legally permissible extent.
Version 1.0
Status: April 2025
Appendix
Consumer Information and Cancellation Policy
(1) The language available for the conclusion of the contract is exclusively German.
(2) The presentation of my services on the website does not constitute a binding offer from my side. The contract between us is concluded once you accept my offer.
(3) The prices I specify are net prices plus the statutory VAT for entrepreneurs. For consumers, the gross amount is displayed.
(4) The data required to process the contract between you and me will be stored by me and are accessible to you at any time. In this regard, I refer to the data protection policy on my website.
(5) As a consumer, you have a right of withdrawal in accordance with the following instructions:
Right of Withdrawal
As a consumer, you have the right to withdraw from the contract within fourteen days without giving any reason. You do not have a right of withdrawal if you have expressly agreed during your booking that I may begin performing the service before the end of the withdrawal period and the service has been fully provided. If I have partially performed the service, you no longer have the right to withdraw. For digital content, you lose your right of withdrawal if you agree to immediately gain access to the full content.
Start of the Withdrawal Period for Booking My Programs The withdrawal period is fourteen days from the day of the conclusion of the contract. The contract is concluded when you accept my offer.
To exercise your right of withdrawal, you must contact me at
André Frett
Holzmoosrütistrasse 28a
8820 Wädenswil
Switzerland
oder at
Phone CH: +41 79 365 2368
Phone DE: +49 172 134 2773
email: info@andre-frett.com
your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email).
You may use the attached model withdrawal form for your withdrawal declaration, but it is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of your intention to exercise the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, all payments you have made will be refunded to you within 14 days at the latest from the day on which I receive the notification of your withdrawal. The same payment method used in the original transaction will be used for this refund. If you made the payment via bank transfer, please provide your bank details, as only part of your bank information is visible on the bank statement.
If you have agreed that I may begin the service before the 14-day withdrawal period has expired, you are also required to pay the corresponding fee (remuneration) for these services, and therefore, you are not entitled to a refund.