Terms and Conditions (“T&Cs”)
These Terms and Conditions apply to your use of and purchases on the website (the “Site”) operated by The Secret Buddha (hereinafter “we,” “us,” or “our”). By accessing or using any part of the Site—including our webshop for digital products such as eBooks or online courses (collectively, the “Products”) and our online community (the “DiaryX Community”)— you agree to be bound by these T&Cs. If you do not agree, please do not use the Site.
1. Contact Information
Business Name: The Secret Buddha
Address: E Stander, Koessenerstr. 29, DE 81373 Munich
Email: etienne.stander@feelandflowsurf.com
These T&Cs are governed by the laws of the Federal Republic of Germany, subject to any overriding consumer protection regulations in your country of residence (for consumers).
2. Scope
These T&Cs govern:
- All sales contracts concluded between us and any natural person or legal entity (hereinafter “User”) in relation to digital Products offered on the Site.
- Participation in our online community, the DiaryX Community, which is accessible to registered Users internationally.
- The use of all informational materials (articles, blog posts, coaching insights, etc.) provided on the Site.
“Consumer” means any natural person who enters into a legal transaction for
purposes that are predominantly outside his or her trade, business, or profession.
“Entrepreneur” means a natural or legal person or a legal partnership who, when
entering into a legal transaction, acts in the exercise of their commercial or
independent professional activity.
If you choose to view any part of our website or these T&Cs in a language other than English using our site’s translation software or any other automated tool, please note that translations may contain inaccuracies. The original English version is binding for all legal interpretation or dispute resolution.
3. Conclusion of Contract
Product Offers
Any listings or advertisements of Products on the Site constitute a binding offer
to conclude a purchase contract, subject to your proper completion of the order
process and acceptance of these T&Cs.
Order Process
To place an order, add your chosen digital Products to the shopping cart and proceed through
the checkout steps. You will be prompted to enter your personal details (and, if required,
billing/payment information).
By clicking on the final purchase button (e.g., “Buy Now”), you submit a legally binding
order to purchase the selected Products.
You will receive a confirmation email acknowledging receipt of your order (“Order Confirmation”),
which signifies acceptance of your offer and the formation of the contract.
Contract Storage
We store the contract text (i.e., the T&Cs and order data), and you may print or save them during
the ordering process. After the order process is completed, we will provide you with an Order
Confirmation that contains relevant contractual information. The final contract text may no longer
be accessible online after completion of your order.
Account Creation
You can register for a unified account, which grants access to both the webshop and the
DiaryX Community. Details of personal data processing and usage can be found in our Privacy
Policy and in the respective account registration pages.
Age Requirement
By placing an order or registering for the Community, you confirm that you are at least 18
years old or otherwise have reached the age of majority in your jurisdiction. If you are
under 18, parental or guardian consent is required before using the Site.
4. Prices, Payment, and Taxes
Pricing
All prices displayed on the Site are total prices and include any applicable taxes in
accordance with German law. If your country of residence imposes different VAT or import
duties, you are responsible for those according to applicable local regulations.
Payment Methods
- Bank Transfer: We will provide you with our bank details upon checkout; the total is payable immediately.
- PayPal: You must have a valid PayPal account or register for one. By selecting PayPal, you consent to PayPal’s terms and conditions.
- Credit Card (via WooCommerce or associated payment gateway): We accept major credit cards (e.g., Visa, MasterCard). The payment gateway provider will handle your transaction securely.
- Other WooCommerce Options: If other payment options are integrated (e.g., Apple Pay, Google Pay), you agree to abide by their respective terms.
Currency
Unless otherwise specified, prices are listed in Euros (EUR). You bear any currency conversion
fees charged by your bank or payment provider.
Payment Due Date
Payment is due immediately upon conclusion of the contract, unless otherwise stated. If, for any
reason, your payment is not received, we reserve the right to withhold delivery of the digital
Products or suspend Community access until full payment is received.
Default in Payment
In the event of late payment, we may charge statutory default interest and/or block your access
to the Site or Community until the overdue amounts are settled.
5. Delivery of Digital Products
Immediate Delivery
All Products sold are digital (e.g., eBooks, downloadable PDFs, online course material). No physical
shipping occurs, and no shipping costs apply. Unless stated otherwise, digital files are made
available for immediate download upon successful order completion and payment confirmation.
System Requirements
You are responsible for ensuring that you have the necessary hardware, software, and internet
connectivity to access or download digital Products. We are not liable for any inability to
download due to technical issues on your side.
License and Usage Rights
Digital Products are sold for personal, non-transferable use unless expressly stated otherwise.
You may not modify, distribute, sell, or share the digital files beyond the scope of what is
permitted by applicable law or explicitly stated in the Product description.
Right of Withdrawal for Digital Products
Under the EU Consumer Rights Directive, once you access or download digital content that is not
supplied on a tangible medium, you typically lose the right to cancel if you have expressly
consented to immediate performance of the contract and acknowledged you would lose the right
of withdrawal. We will prompt you to confirm this before completing your purchase.
6. Community Participation and User-Generated Content
Access and Rules
By creating an account, you gain access to our DiaryX Community. You agree to post content
(text, images, comments, etc.) that is lawful, non-defamatory, non-infringing, and respectful of
other Users. We reserve the right to remove any content that violates these T&Cs or applicable law.
License to Use Content
By posting any content in the Community, you grant us a worldwide, non-exclusive, royalty-free
license to use, display, reproduce, and distribute your content for the operation of the Community.
This license ends when you delete the content or terminate your account unless the content has been
shared or stored by other Users.
Prohibited Conduct
You agree not to engage in harmful or harassing behavior, spam, hate speech, or any content that
violates applicable local, national, or international laws. Impersonation, use of false account
information, or unauthorized collection of personal data are strictly prohibited.
Community Availability and Fees
Currently, Community membership is free of charge. However, we reserve the right to introduce
subscription fees or additional paid features in the future. In such an event, we will notify you
in advance, and you may choose to continue or cancel your membership.
Termination
We may suspend or terminate your account if you breach these T&Cs or if required by law. You may
also request account deletion at any time by contacting us at etienne.stander@feelandflowsurf.com.
After termination, your access to the Community and any purchased digital content linked to that
account may be affected, subject to applicable law and relevant licensing terms.
7. Disclaimer for Informational and Coaching Content
No Medical or Psychological Advice
All articles, blog posts, or coaching information on the Site are for general educational and
informational purposes. They do not replace professional medical, psychological, financial, or legal
advice. Always consult a qualified professional for individualized guidance.
Results May Vary
We do not guarantee any specific outcomes or results from using our Products, reading our articles,
or implementing suggestions in the Community. You agree to use our content at your own risk.
Limitation of Liability
We disclaim liability for any direct or indirect losses or damages arising from the use of our
informational content. In any event, liability under mandatory legal provisions remains unaffected
(e.g., liability for injury to life, body, or health).
8. Right of Withdrawal (Widerrufsrecht)
General
If you are a consumer residing in the European Union, you have a statutory right of withdrawal for
certain purchases. However, for digital Products delivered by immediate download, you typically lose
this right once you have downloaded or accessed the digital content, provided that you consented to
immediate performance and acknowledged the loss of the right of withdrawal.
Withdrawal Form
If for some reason the right of withdrawal still applies, you may notify us (see Contact Information)
with a clear written statement (email is sufficient). We can provide a standard withdrawal form
template upon request.
Consequences of Withdrawal
If a valid withdrawal occurs before you have accessed or downloaded any digital Product, we will
refund any payments received in relation to that product within fourteen (14) days of receiving your
notice of withdrawal.
9. Legal Warranty and Liability
Legal Warranty
If you are a consumer, you benefit from statutory warranty rights for digital Products. You must
notify us promptly if you encounter any defect or issue with the purchased digital content.
Exclusions
Any warranty is void if the defect arises from unauthorized manipulation, misuse, or failure to
comply with recommended usage guidelines.
Limitation of Liability
For simple negligence, we are only liable for breach of essential contractual obligations (cardinal duties).
Liability for breach of these obligations is limited to foreseeable damages typical for such contracts.
We disclaim any liability for data loss or site unavailability beyond what is mandated by law.
Nothing in these T&Cs excludes or limits liability to an extent prohibited by applicable law.
10. Intellectual Property Rights
Ownership
All content, trademarks, logos, and intellectual property displayed on the Site are owned by or
licensed to The Secret Buddha, unless otherwise indicated.
User Obligations
You must not infringe, misuse, or otherwise violate any intellectual property rights.
Reproduction, distribution, modification, or public display of any content on the Site without
our prior written consent is prohibited (except for private, non-commercial use allowed by law).
11. International Use
Compliance with Laws
We make no representation that our Site or Products are appropriate or available for use in locations
outside Germany. Accessing the Site from territories where its content or transactions are illegal
is prohibited. You are responsible for compliance with local laws if and to the extent they are
applicable.
Customs and Export Controls
For international Users, you agree to comply with any applicable export and customs regulations.
We are not responsible for any delays, duties, taxes, or seizures related to international
downloads or usage.
12. Automatic Translation Disclaimer
Language Versions
The Site and these T&Cs may be made available in multiple languages. The automatic translation
functionality aims to assist non-English speakers. In the event of conflict between the English
version and any translated version of these T&Cs or other Site content, the English version
prevails to the extent permitted by law.
13. Data Protection
Privacy Policy
Personal data processing is governed by our Privacy Policy, which details what data
we collect and how we use it. By using the Site, you agree to our data practices.
Community Data
If you join our DiaryX Community, additional data related to your profile and activity may be
collected and displayed. Please refer to the relevant sections in our Privacy Policy for more
information.
14. Amendments to These T&Cs
Right to Modify
We reserve the right to modify these T&Cs at any time for future transactions or participation,
for example, due to changes in law or updates to our business model.
Notification and Acceptance
We will notify Users of significant amendments. Continued use of the Site or Community after the
effective date of such changes constitutes your acceptance of the revised T&Cs.
15. Governing Law and Jurisdiction
Applicable Law
All contracts concluded with us are governed by the laws of the Federal Republic of Germany, excluding
the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a
consumer with habitual residence outside Germany, mandatory consumer protection laws in your country
of residence remain applicable.
Jurisdiction
In business transactions with Entrepreneurs, the place of jurisdiction is our registered office in
Munich, Germany. Mandatory statutory provisions on exclusive jurisdictions remain unaffected for
consumers.
16. Severability Clause
If any provision of these T&Cs is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
17. Dispute Resolution and ADR
In accordance with Art. 14(1) ODR-VO and § 36 VSBG, the European Commission provides a platform for online dispute resolution (OS) at https://ec.europa.eu/consumers/odr. Consumers may use this platform for the settlement of their disputes. We are in principle prepared to participate in an extrajudicial arbitration proceeding. If you have any concerns or complaints, please contact us at etienne.stander@feelandflowsurf.com.
Thank you for reading our Terms and Conditions. If you have any questions, concerns, or feedback, please contact us at etienne.stander@feelandflowsurf.com.