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Terms & Conditions

Effective: October 2026

This English text is a non-binding translation provided for convenience. The German version (Allgemeine Geschäftsbedingungen) is legally authoritative; in the event of any discrepancy, the German version prevails.

§ 1 Scope, Provider and Definitions

(1) These General Terms and Conditions (hereinafter the „Terms“) apply to all contracts for consulting, sparring, coaching, training, programme, mediation and other services concluded between

Lydia Braun, working on a freelance basis as BUTTERFLY & OCTOPUS by Lydia Braun
Talstr. 38
40217 Düsseldorf, Germany
Email: info@butterflyoctopus.com
Phone: +49 211 64150091

(hereinafter the „Provider“) and the client (hereinafter the „Client“).

(2) A consumer within the meaning of these Terms is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or profession (§ 14 BGB).

(3) Deviating, conflicting or supplementary terms and conditions of the Client shall not become part of the contract unless the Provider expressly agrees to their application in text form.

§ 2 Services and Subject Matter of the Contract

(1) The subject matter of the services comprises the individually agreed consulting, sparring, coaching, training, programme and mediation services as well as the professional preparation and contextualisation of HR-related and employment-law-related topics. The specific scope of services results from the respective agreement, in particular the offer, the order confirmation or the consulting contract.

(2) The Provider’s services serve professional orientation, contextualisation and preparation. They do not constitute legal advice in individual cases and do not replace it. Under the German Legal Services Act (RDG), the binding legal assessment of a specific matter is reserved for lawyers; tax advice is provided by tax advisers. Where binding advice is required, the Provider will point out the need to obtain legal or tax review.

(3) Coaching and sparring are not medical treatment, psychotherapy or medical or psychological treatment and do not replace these. Mediation is a neutral facilitation between the parties and does not constitute representation of the interests of any single party.

§ 3 Conclusion of the Contract

(1) The presentation of services on the website or in other documents does not constitute a binding offer but an invitation to submit an enquiry.

(2) The contract is concluded by corresponding declarations of the parties, in particular by acceptance of an offer from the Provider or by confirmation of an enquiry from the Client in text form, for example by email. There is no entitlement to the conclusion of a contract.

§ 4 Performance, No Guarantee of Success, Cooperation

(1) The Provider renders its services as services within the meaning of §§ 611 et seq. BGB to the best of its knowledge and belief and in accordance with recognised professional standards.

(2) What is owed is careful, professional activity, not a particular result. Whether an intended result occurs depends on numerous factors outside the Provider’s sphere of influence, in particular implementation by those involved, internal conditions and decisions of third parties. No warranty or guarantee for a particular result is assumed. Decisions on specific measures and their implementation are made by the Client on their own responsibility.

(3) The Provider generally renders the services personally. It is entitled to engage qualified third parties to support the provision of services, provided this does not conflict with the purpose of the contract. Where personal performance has been expressly agreed or is essential to the purpose of the contract, substitution requires the Client’s consent.

(4) The Client shall provide the Provider with the information and documents required for the provision of services in good time, in full and accurately, and shall name the necessary contact persons. Delays or additional expenses resulting from insufficient cooperation shall not be borne by the Provider.

§ 5 Appointments, Cancellations and Cancellation Fee

(1) Individual appointments of less than four hours without travel

Individual appointments with an agreed duration of less than four hours that do not require the Provider to travel may be cancelled or postponed free of charge up to 48 hours before the agreed appointment. Cancellation or postponement must be made in text form.

In the event of later cancellation or non-attendance, the Provider is entitled to charge 50% of the agreed fee as a cancellation fee, provided that the freed-up time could not be used otherwise or filled with another client appointment.

The Client reserves the right to prove that no loss or a significantly lower loss was incurred. Expenses saved by the Provider are taken into account.

(2) Events and appointments involving travel

Events within the meaning of these Terms are workshops, trainings, mediations and other agreed services that last at least four hours or require the Provider to travel. The following special cancellation and postponement rules apply to these events even if the agreed duration is less than four hours. Cancellation or postponement of individual dates leaves the remainder of the contract unaffected.

(3) Postponement of events

Postponement is free of charge up to 14 calendar days before the agreed date, provided that a replacement date is agreed within six weeks of the originally agreed date.

In the event of later postponement, the Provider is entitled to charge 25% of the agreed fee for delivery as a cancellation fee. The replacement date is delivered at the originally agreed fee.

(4) Cancellation of events

If the Client cancels an event, the Provider may charge the following cancellation fee, in each case based on the agreed fee for delivery:

  • up to and including 30 calendar days before the date: no cancellation fee;
  • 29 to 15 calendar days before the date: 50% of the agreed delivery fee;
  • 14 calendar days or less before the date and in the event of non-attendance: 100% of the agreed delivery fee.

Expenses saved and anything the Provider earns through other use of the freed-up time are credited against the cancellation fee. The decisive factor is receipt of the cancellation by the Provider in text form.

(5) Services already rendered and third-party costs

Services already rendered up to cancellation or postponement, in particular concept development and preparation, as well as licence or credit costs already incurred for assessment tools, may be charged insofar as they are not already covered by the cancellation fee.

(6) Travel and accommodation costs

Costs actually incurred by the Provider for travel and accommodation already booked as a result of cancellation or postponement, in particular cancellation and rebooking fees, shall be borne by the Client upon proof, insofar as these costs are not reimbursed otherwise.

(7) Proof of loss and cancellation on the Provider’s side

The Client reserves the right to prove that no loss was incurred or that the loss is significantly lower than the cancellation fee claimed. Expenses saved by the Provider are credited. Services or costs already covered are not charged twice.

If an agreed event cannot take place for reasons for which the Provider is not responsible, in particular due to illness, the parties will endeavour to agree on a replacement date. Remuneration already paid is credited towards the replacement date. If no replacement date is agreed, services already rendered and any refunds are settled in accordance with the statutory provisions. Further claims are governed by § 9.

§ 6 Remuneration and Payment Terms

(1) The remuneration agreed in the individual case applies. Unless otherwise agreed, prices are understood to be plus the applicable statutory value added tax.

(2) Necessary expenses and travel costs are charged additionally subject to prior agreement.

(3) Unless otherwise agreed, invoices are due for payment without deduction within 14 days of the invoice date.

(4) If the Client defaults on payment, the statutory provisions apply (§§ 286, 288 BGB).

§ 7 Right of Withdrawal for Consumers

(1) For contracts concluded at a distance or off business premises, consumers have a statutory right of withdrawal in accordance with the following withdrawal instruction. Entrepreneurs have no right of withdrawal.

(2) If the consumer requests that the services begin during the withdrawal period, they must declare this expressly. If the Provider has already begun performing the service upon withdrawal, the consumer may, subject to the statutory requirements, owe compensation for value for the services rendered up to the withdrawal.

The right of withdrawal expires in the case of a contract for the provision of services if the Provider has fully performed the service and only began performance after the consumer gave their express consent and at the same time confirmed their awareness that they would lose their right of withdrawal upon full performance of the contract (§ 356(4) BGB).

Withdrawal Instruction

This is a non-binding English translation. The authoritative wording is the German „Widerrufsbelehrung“ in the German version of these Terms.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the contract was concluded.

To exercise your right of withdrawal, you must inform us

Lydia Braun
BUTTERFLY & OCTOPUS by Lydia Braun
Talstr. 38
40217 Düsseldorf, Germany
Email: info@butterflyoctopus.com
Phone: +49 211 64150091

of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal regarding this contract, compared with the total scope of the services provided for in the contract.

§ 8 Confidentiality

(1) Both parties undertake to treat as confidential all confidential information and business and trade secrets of the other party that become known to them in the course of the cooperation and not to disclose them to third parties. This applies beyond the termination of the contract.

(2) In the context of a mediation, the Provider treats all information entrusted to it as confidential, unless otherwise required by law.

(3) Statutory disclosure obligations remain unaffected.

§ 9 Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body or health based on a breach of duty by the Provider or its vicarious agents, as well as for damages based on intent or gross negligence, in the case of the assumption of a guarantee, and in cases of mandatory statutory liability.

(2) In the event of a slightly negligent breach of a material contractual obligation – an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely – liability is limited to the foreseeable damage typical for this type of contract.

(3) Otherwise, the Provider’s liability is excluded.

(4) There is no liability for the occurrence of a particular economic or other result, nor for decisions and their implementation by the Client (§ 4(2)).

(5) The above limitations of liability do not apply where mandatory statutory provisions, in particular in favour of consumers, conflict with them.

§ 10 Copyright and Rights of Use

(1) The Provider retains all copyright and rights of use in concepts, documents, texts and materials created by the Provider.

(2) The Client may use materials provided to them for their own internal purposes. Any reproduction, transfer to third parties or publication beyond the limits of copyright law requires the prior consent of the Provider in text form.

§ 11 Data Protection and Assessment Tools

(1) The Provider processes personal data in accordance with the requirements of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details can be found in the separate privacy policy.

(2) Where the Provider uses licensed third-party assessment tools, for example CIRCYOULAR® by GREENMEETSRED GmbH, the terms of use and data protection terms provided for the respective tool apply in addition.

Participation of individuals in assessment tools is voluntary. The results serve self-reflection as well as team and leadership development. Use for the individual evaluation of performance or behaviour is not part of the agreed service.

Individual results are disclosed to third parties, in particular to the Client or to line managers, only on an appropriate legal basis under data protection law. Where consent is required for this, disclosure takes place only with the valid consent of the person concerned.

The Client is responsible for checking, before the assessment is carried out, whether the works council needs to be involved, and for completing any required participation procedures in good time. The Provider’s obligations under data protection law remain unaffected.

§ 12 Consumer Dispute Resolution

The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36(1) no. 1 VSBG).

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as it does not restrict mandatory consumer protection provisions of the state in which the consumer has their habitual residence.

(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider’s registered office.

(3) Amendments and supplements to the contract require text form, unless a stricter form is prescribed by law.

(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.

(5) These Terms are issued in German and English. In the event of any discrepancy between the two language versions, the German version prevails.


Annex: Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and send it back.)

To Lydia Braun, BUTTERFLY & OCTOPUS by Lydia Braun, Talstr. 38, 40217 Düsseldorf, Germany, info@butterflyoctopus.com:

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*):

Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for notification on paper):
Date:

(*) Delete as appropriate.
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