Miriam Stener terms of purchase and use.

Introduction:

The following – together with the privacy policy – sets out the terms between you as a customer/visitor and Miriam Stener and regulates the use of our website and our programs, services, courses, downloadable resources and physical goods (hereafter referred to as products) both free and paid. 

You as a customer agree that under this agreement there is an obligation to read these terms and the privacy policy for participation in or purchase of Miriam Stener`s products, both free and paid. 

You also understand that you are precluded from using the lack of reading these terms and conditions as a defense against all remedies herein. 

If you have any questions about these terms or the privacy policy, send your questions by email to hej@miriamstener.se and mark the email “privacy” or “terms” depending on which document you question is about. 

By using our website and/or buy/download our products you give your full agreement for these terms. If you do not agree with these terms and conditions, you must not use this website or buy/download our products.

1. License and terms of use

When you purchase or download our products, you are only allowed to do so for the purpose of using the content for your personal use and reference.

You agree that under no circumstances will you use or permit the use of our products for any other purpose. 

To remove all doubt: You shall not copy, sell, share, forward, rent out, or in any other way distribute any of our products, services, programs or downloadable resources – paid or free. 

You also agree to not use our content and products in a way that may be harmful to us or our reputation. 

You must be over the age of 18 to by our products and services. If you are under 18 and wish to buy our products it must be done by one of your parents or a legal guardian, or with the written consent from a parent or legal guardian. 

2. Intellectual property

The products and content – changed or not, and all intellectual property and copyrights contained therein are and shall at all times be our exclusive property. You agree that under no circumstances will you attempt to claim ownership of material produced by us or attempt to claim copyright to our products and content.

3. Refunds and terms of purchase

All our products of an electronic nature and digital delivery are exempt from the right of withdrawal and refunds for all customers.  The reason for this is that the material is digitally delivered, downloadable and in video form, and the knowledge/resources received by a customer cannot actually be returned to Miriam Stener. Miriam Stener does operate with a 14 day right to withdraw in the one-on-one coaching packages, both for private and business customers, and the deadline for claiming the right to withdraw starts running from the day the customer ordered the program. When purchasing physical products, the standard 14-day right of withdrawal applies, and a right of withdrawal form is sent either with the product or by email. 

IMPORTANT! Miriam Stener does not – by law – have the right to ask you about or get any information about your health, including of a mental nature. If you do have a mental illness, it is not justifiable to participate in Miriam Steners programs without the consent of your attending physician, as such spiritual work is often not compatible with mental illness. If you nevertheless choose to participate in one or more programs, Miriam Stener shall in no way, shape or form be held responsible for any relapse or other manifestations of symptoms, whether this is before, during or participating in one of the programs. Thus, you as a customer have the full and complete responsibility for your own health and situation. This applies every visitor and customer regardless of personal situation. 

If Miriam Stener during conversations with a customer, experiences that further cooperation is unhealthy or in other expressed ways unjustifiable, Miriam Stener has the full right to terminate the cooperation. The customer then only pays for already completed calls, and the balance will be refunded. This is to be understood as an absolute policy of Miriam Stener as a company and cannot be repealed. 

4. Force majeure

In the event of serious, unforeseen events that could in no way be expected or prevented by the customer or Miriam Stener, and which prevent one or both parties from completing the agreement entered, the agreement will be postponed. The customer is still obligated to pay the agreed amount. This could, for example, be a serious illness, declaration of war, earthquakes or other natural disasters or global crises that prevents the work to be carried out at all. The party who is prevented from implementing the agreement shall then provide the other party with sufficient information without unnecessary delays, so that the party in question can get an overview of losses and consequences for its own part. If the force mejure situastion is prolonged, Miriam Stener is released from her obligation to compensate and/or deliver on the agreement.

5. Guarantee and responsibility

We always do our best to ensure that our products are accurate and suitable for use by our customers. However, we do not take any responsibility for the suitability of the products for the individual customer, and do not give any guarantees for the function or use of these whether it is expressed, implied or statutory, including guarantees for marketability or suitability for a special purpose. 

When buying one-on-one coaching packages, it will often happen that sensitive information comes up during the online meetings. This information is treated confidentially and in accordance with your clearly expressed consent in compliance with Article 9.2.a in the GDPR in addition to ordinary active consent in compliance with Article 6.1.a in the GDPR. 

You understand that Miriam Stener is not a psychologist, psychiatrist or in any other way a health professional, and is not to be held responsible for your physical and/or mental health either before, during or after the agreed cooperation or program you are taking part in. Thus, the individual customers are personally responsible for their actions and/or lack of thereof as a result of their participation in or purchase of Miriam Steners`s products. Therefore, Miriam Stener shall not be held responsible for any customers experienced financial losses, not achieved expected income or any other conflict in the customer`s business or private life. 

Miriam Stener does not in any way guarantee «overnight success» or in a short time, and by using our product/services either for free or paid, you fully understand and agree to this. 

You as a customer agree to compensate Miriam Stener for all obligations, claims, expenses, actions, costs, damages, or losses as a result of any breach of these terms on your part. 

6. Duty of confidentiality and online meeting recordings

During one-on-one coaching, there is a mutual strict duty of confidentiality between the parties, both with regard to personal information and information on business topics. Regarding one-on-one coaching over Zoom, Miriam Stener will - due to privacy reasons - NOT automatically record the meetings, and any notes will be destroyed after the program is completed. You as a customer are welcome to record these coaching sessions yourself, provided that none of the conditions mentioned here and in the privacy policy is violated in any way.

7. Generally

These terms and conditions constitute the entire agreement and understanding between you as a customer and Miriam Stener regarding the delivery of downloadable digital products, physical products and one-on-one coaching, and shall supersede any prior agreements whether entered via writing, orally, implied or in any other manner. 

Failure by Miriam Stener to exercise or enforce the rights under these terms shall in no way be construed as a waiver of any of these Terms. 

In the event that a single part of the terms or privacy policy is not enforceable, none of the other terms and conditions will be affected. 

These terms and conditions, your acceptance of these and the company`s relationship with you, as well as any claims, disputes or questions that arise under or in connection with these terms shall be governed by and construed in accordance with the EEA and EU consumer rights. 

Please note that other laws may apply in countries outside of the EEA/EU area. These terms were last updated: Wednesday, January 26th 2024

8. Right of withdrawal.

Unless the agreement is exempt from the right of withdrawal, the buyer can cancel the purchase of the item in accordance with the Right of Withdrawal Act.The buyer must notify the seller of the use of the right of withdrawal within 14 days from the deadline begins to run. The deadline includes all calendar days. If the deadline ends on a Saturday or public holiday, the deadline is extended to the nearest working day.The cancellation deadline is considered complied with if notification is sent before the expiry of the deadline. The buyer has the burden of proving that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter). The cancellation period begins to run:• When purchasing individual items, the cancellation period will run from the day after the item (s) is received.• If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.• If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery has been received.The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not state before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader provides the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.When using the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from notification of use of the right of withdrawal has been given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer will cover the return costs. The seller can not set a fee for the buyer's use of the right of withdrawal. The buyer can try or test the item in a responsible manner to determine the item's nature, properties and function, without the right of withdrawal lapse. If testing or testing of the item goes beyond what is justifiable and necessary, the buyer may be responsible for any reduced value of the item.The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller was notified of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been returned.

9. Delay and non-delivery - buyers' rights and deadline for reporting claims.

If the seller does not deliver the goods or delivers them too late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Sales Act, withhold the purchase price, demand fulfillment, terminate the agreement and / or demand compensation from the seller. In the event of a claim for default rights, the notification should, for evidentiary reasons, be in writing (eg e-mail).Fulfillment of agreementThe buyer can maintain the purchase and demand fulfillment from the seller. However, the buyer can not demand fulfillment if there is an obstacle that the seller can not overcome, or if fulfillment will entail such a great inconvenience or cost for the seller that it is significantly disproportionate to the buyer's interest in the seller fulfilling. Should the difficulties disappear within a reasonable time, the buyer can still demand fulfillment.The buyer loses his right to demand fulfillment if the buyer waits unreasonably long to advance the claim.CancellationIf the seller does not deliver the item at the time of delivery, the buyer shall encourage the seller to deliver within a reasonable additional deadline for fulfillment. If the seller does not deliver the item within the additional deadline, the buyer can cancel the purchase.However, the buyer can cancel the purchase immediately if the seller refuses to deliver the item. The same applies if delivery at the agreed time was decisive for the conclusion of the agreement, or if the buyer has informed the seller that the time of delivery is decisive.If the product is delivered after the additional deadline set by the consumer or after the time of delivery that was decisive for the conclusion of the agreement, the claim for cancellation must be made within a reasonable time after the buyer became aware of the delivery.RefundThe buyer can claim compensation for a small loss as a result of the delay. However, this does not apply if the seller proves that the delay is due to an obstacle beyond the seller's control which could not reasonably have been taken into account during the contract period, avoided, or overcome the consequences of.

10. Defect of the item - the buyer's rights and complaint deadline.

If there is a defect in the item, the buyer must within a reasonable time after it was discovered or should have been discovered, notify the seller that he or she will invoke the defect. The buyer has always complained in time if it happens within 2 months. from the defect was discovered or should have been discovered. Complaints can be made no later than two years after the buyer took over the item. If the product or parts of it are intended to last significantly longer than two years, the complaint period is five years.If the item has a defect and this is not due to the buyer or conditions on the buyer's side, the buyer may, in accordance with the rules in the Consumer Purchase Act, Chapter 6, withhold the purchase price, choose between correction and re-delivery, demand price reduction, demand termination of the agreement and / the seller.Complaints to the seller must be in writing and sent by email to hej@miriamstener.se .Correction or re-deliveryThe buyer can choose between claiming the defect or correcting the delivery of a similar product. The seller may nevertheless oppose the buyer's claim if the implementation of the claim is impossible or the seller causes unreasonable costs. Correction or re-delivery must be made within a reasonable time. The seller is in principle not entitled to make more than two remedial attempts for the same defect.Price reductionThe buyer can demand a suitable price reduction if the item is not corrected or returned. This means that the ratio between reduced and agreed price corresponds to the ratio between the value of the product in defective and contractual condition. If there are special reasons for it, the price reduction can instead be set equal to the significance of the defect for the buyer.CancellationIf the item has not been repaired or returned, the buyer can also cancel the purchase when the defect is not insignificant.

11. Seller's rights in the event of the buyer's default.

If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or conditions on the seller's part, the seller may, according to the rules in the Consumer Purchase Act chapter 9, withhold the item, demand fulfillment of the agreement, demand termination of the agreement and claim compensation from the buyer. The seller will also be able to claim interest in the event of late payment, collection fee and a reasonable fee for uncollected goods, depending on the circumstances.Completion of contractThe seller can maintain the purchase and demand that the buyer pay the purchase price. If the item is not delivered, the seller loses his right if he waits unreasonably long to advance the claim.CancellationThe seller may terminate the agreement if there is a material default or other material default on the part of the buyer. However, the seller cannot cancel the purchase if the entire purchase price has been paid.If the seller sets a reasonable additional deadline for fulfillment and the buyer does not pay within this deadline, the seller can cancel the purchase.

Interest on late payment / collection feeIf the buyer does not pay the purchase price in accordance with the agreement, the seller may demand interest on the purchase price in accordance with the Late Payment Interest Act. In the event of non-payment, the claim can, after prior notice, be sent for collection. The buyer can then be held liable for fees under the Debt Collection Act.

Fee for uncollected non-prepaid goodsIf the buyer fails to collect unpaid goods, the seller may charge the buyer a fee. The fee shall cover a maximum of the seller's actual expenses for delivering the goods to the buyer. Such a fee can not be charged to buyers under 18 years of age.

12. Warranty.

Warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not imply any restrictions on the buyer's right to complaint and claims in the event of delay or defects pursuant to items 9 and 10. Miriam Stener does not guarantee any specific outcomes for the customers who purchase and read her books or buys and participates in her courses and/or coaching programs. Each customer is individually and fully responsible for action or non-action personally taken as a result of reading or participating in Miram Steners products/courses/coachingprograms.

13. Personal data.

The person responsible for processing collected personal data is the seller. Unless the buyer agrees to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal information will only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases.

14. Conflict resolution.

Complaints are addressed to the seller within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably. If this does not succeed, the buyer can contact the Consumer Council in the country where they live for mediation.The European Commission's complaints portal can also be used if you wish to lodge a complaint. This is especially relevant if you are a consumer residing in another EU country. The complaint is submitted here: http://ec.europa.eu/odr.

If the purchase is made by a citizen outside the EU / EEA, other laws may apply.

Last update: December 17th 2023.