Terms and Conditions and Licence Terms
usethismoment.com/en · As of: [date of publication] · Version v09 (draft, English) · Also available in German and Hungarian
1. Scope and seller
1.1 These terms and conditions apply to all contracts for digital products concluded via the English-language pages of usethismoment.com. Orders placed via the German- or Hungarian-language pages are governed by the terms in that language; their content is the same as these terms where the same products are offered.
1.2 The seller is Adrienn Kühl, sole trader, Schönbrunngasse 32c, 8010 Graz, Austria, phone: +43 676 70 74 006, email: info@usethismoment.com (“we”, “us”). usethismoment is a product brand of Adrienn Kühl. Further details are in the imprint.
1.3 A consumer within the meaning of these terms is a person for whom the contract is not part of running their business. A business is a person for whom the contract is part of running their business, for example a course leader who buys the course pack for their courses. Provisions that apply to only one of these groups are marked as such.
1.4 For contracts with businesses, deviating terms apply only if we agree to them in writing.
1.5 We only enter into contracts with customers resident or established in the European Union, the European Economic Area or Switzerland (sales area). We do not enter into contracts with persons resident or established in the United Kingdom or any other country outside the sales area, and we expressly exclude the conclusion of any such contract. If the country of residence given, the country that issued the card or the country of the billing address is outside the sales area, we do not accept the order: we do not supply any files, we refund any amount already paid in full to the original means of payment, and we inform you by email.
2. Products
2.1 We sell digital content as files for download, mostly as PDF, and for the course pack and the Course Licence Add-on also as Word files, in particular the card set “Everyday Calm”, the 30-day plan, the digital course pack for course leaders and the Course Licence Add-on. All products are purely digital; we do not ship anything. Contents and scope are described on the product page and in the order overview.
2.2 The products are exercise material for everyday life. They do not replace medical or psychotherapeutic treatment. We do not guarantee any particular result from the exercises. Please observe the notes under “Please note” on the cards and in the quick guide.
2.3 To open the files you need a program that displays PDF files. To print them you need a printer, or a copy shop or print shop of your choice. The files have no copy protection.
3. Conclusion of the contract
3.1 The presentation of the products on the website is not a binding offer but an invitation to order.
3.2 At checkout you choose the product and, if you wish, an additional product. Additional products are never pre-selected. Before submitting, you see an overview of all products and the total price and can correct your details.
3.3 Before submitting your order, you expressly agree that we begin supplying the files before the withdrawal period ends, and you confirm that you know you lose your right of withdrawal as a result (see section 6).
3.4 By clicking the button that expressly states the obligation to pay, you place a binding order. The contract is concluded when payment is completed, except in the cases described in section 1.5 and where the payment does not match the order (for example a different amount or currency, no email address, or the add-on does not belong to a card set that you own). In those cases we do not accept the order, refund the full amount to the original means of payment and inform you by email if we have your email address.
3.5 Immediately afterwards you receive a contract confirmation by email. It contains the order details and these terms including the withdrawal information as PDF, and records that you agreed to early supply and acknowledged the loss of the right of withdrawal. We provide the download link only after this confirmation has been sent.
3.6 The contract language is English. We store the order details. You can find the contract text in the confirmation email; it cannot be retrieved on the website after the contract has been concluded. These terms are available at any time at usethismoment.com/en/terms.html for viewing, saving and printing.
4. Prices and payment
4.1 All prices are final prices in euros. As a small business under Austrian VAT law we do not charge VAT (§ 6 (1) no. 27 UStG). There are no delivery costs.
4.2 You pay via our payment service provider Stripe using the payment methods shown at checkout, namely credit or debit card, Apple Pay or Google Pay. We only offer payment methods where payment is confirmed immediately.
4.3 You receive the receipt by email.
5. Supply of the files
5.1 After the contract confirmation has been sent (section 3.5), you, or for a gift the recipient, receive an email with a personal download link. The link is valid for 30 days and allows up to 15 downloads; each file downloaded counts once. Please save the files on your device after downloading.
5.2 If the link has expired or something went wrong with the download, we will send you a new link free of charge on request to info@usethismoment.com, for up to two years after purchase. We send the new link only to the email address to which the download link was sent; earlier links for this order then no longer work. If your email address has changed, write to us; we will change it once we have verified that the order is yours. Your statutory rights in the event of defects (section 7) remain unaffected.
5.3 If the email does not arrive, please check your spam folder and contact us.
6. Right of withdrawal
6.1 Consumers generally have a 14-day right of withdrawal for distance contracts. The details are set out in the withdrawal information in Annex 1.
6.2 For digital content not supplied on a tangible medium, the right of withdrawal ends when we have begun supply after (a) you expressly agreed that we may begin before the withdrawal period ends, (b) you confirmed that you know you thereby lose your right of withdrawal, and (c) we provided you with a confirmation of the contract on a durable medium (Art. 16 (m) Directive 2011/83/EU; § 18 (1) no. 11 Austrian FAGG). You receive the confirmation by email under section 3.5; supply begins with the download link.
6.3 As long as the right of withdrawal exists, you can also exercise it online using the function “Withdraw from contract here” (Art. 11a Directive 2011/83/EU; § 13a Austrian FAGG). You can find it at usethismoment.com/en/withdraw.html and via the link “Withdraw from contract here” at the bottom of every page. You confirm the withdrawal there using the button “Confirm withdrawal” and receive an acknowledgement of receipt by email without delay, stating the content of your statement and the date and time of receipt.
6.4 With regard to the right of withdrawal, we treat all buyers as consumers, even if they buy as a business.
7. Statutory warranty (conformity)
7.1 The statutory warranty applies. Towards consumers, we are liable for lack of conformity of the files that exists at the time of supply and becomes apparent within two years thereafter (Austrian Consumer Warranty Act, VGG; Directive (EU) 2019/770).
7.2 If a file is damaged, incomplete or cannot be opened, please write to info@usethismoment.com. We will provide you with a file in conformity with the contract. Your other statutory rights, such as a price reduction or termination of the contract, remain unaffected.
7.3 For contracts with businesses, the statutory provisions of the Austrian Civil Code (ABGB) and Commercial Code (UGB) apply.
8. Rights of use
8.1 General
All contents of our products (texts, the wording of the exercises, graphics, design) are protected by copyright. The rights belong to Adrienn Kühl. With your purchase you receive only the rights of use described in this section. All other rights remain with us.
8.2 Products for personal use
For the card set “Everyday Calm”, the 30-day plan and all other products except the course pack and the Course Licence Add-on, you receive a non-exclusive, non-transferable licence, unlimited in time, to use the files for your own private purposes. You may
- save and open the files on your own devices,
- print them for yourself or have them printed for you at a copy shop or print shop of your choice.
In particular, you may not
- pass the files on to other people, even free of charge, except to a copy shop or print shop that prints them only for you,
- resell them,
- publish the files or parts of them, for example on the internet or on social media,
- use them in courses, groups, workshops or in professional work with other people. The course pack is available for this (section 8.3).
8.3 Digital course pack for course leaders: personal course licence
8.3.1 With the purchase of the course pack, the natural person who buys it (“course leader”) receives a non-exclusive, non-transferable licence, unlimited in time (Werknutzungsbewilligung under Austrian copyright law), to use the material as follows. This licence is the express permission for use in courses and groups that the quick guide of the card set refers to.
8.3.2 The course leader may
- lead the exercises in their own courses, groups, workshops and one-to-one sessions, in person and live online, also for payment,
- print the handouts and worksheets for the participants of their current courses and one-to-one sessions or send them to them as files,
- print individual cards, at most the cards of the session in question (one course date), for the participants of their current courses and one-to-one sessions or send them to them as images,
- display the posters and cards in the course room, and in courses led live online also via screen sharing,
- adapt session plans and read-aloud texts for their own groups,
- provide handouts in a closed, access-protected area only for the participants of the current course.
8.3.3 In particular, the following are not permitted:
- passing the course pack files on to other course leaders, to colleagues or to an institution,
- making the files or parts of them publicly accessible, for example on a website, on learning platforms without access protection or on social media,
- passing on or publishing recordings of the sessions, including to participants, and offering the exercises as one's own product, for example as a video or online course for self-study,
- creating and selling one's own products from the material, such as card sets, books or worksheets,
- passing the complete card set on to participants,
- reselling the course pack and transferring the licence,
- removing the source notes from the handouts.
8.3.4 Each course leader needs their own course pack, even if several people lead courses together. For institutions with several course leaders we offer a separate licence on request.
8.3.5 The course pack is neither a training course nor a certificate. It is not certified by any health insurance body or any other organisation. The course leader is responsible for their own qualification, their authorisation to carry out their activity, their course announcements and the running of their courses.
8.4 Course Licence Add-on
8.4.1 The Course Licence Add-on contains the contents of the course pack without the card set. It is intended for people who have already bought the card set “Everyday Calm” or received it as a gift, and is only available via the personal link to that order. Only the person who owns the card set can buy the add-on; for this, the checkout uses that person's email address, and for a gift the address of the recipient to whom the download link was sent. There is one add-on per card set. The add-on is in the language of the card set order. The personal link to the add-on is valid for up to two years after the purchase of the card set (as in section 5.2).
8.4.2 With the purchase of the add-on, the person who owns the card set receives the rights of use under section 8.3, for the contents of the add-on and for the card set from the linked order. Sections 8.3.2 to 8.3.5 apply accordingly.
8.4.3 The add-on cannot be bought as a gift.
9. Buying as a gift
9.1 You can buy the card set as a gift. The recipient receives the rights of use under section 8.2 as if they had bought the card set themselves. The course pack and the Course Licence Add-on cannot be given as gifts.
9.2 When buying as a gift, you enter the name and email address of the recipient and can write a message of up to 300 characters. The message must not contain links or unlawful content.
9.3 You confirm that you are permitted to provide the recipient's email address for this purpose. We use it only to deliver the download link. The email to the recipient contains a short privacy notice and a link to the privacy policy.
9.4 The contracting party is the buyer. You make the declarations under section 3.3 as the buyer. You receive the contract confirmation and the receipt; the recipient receives the download link.
10. Liability
10.1 We are liable in accordance with the statutory provisions.
10.2 For contracts with businesses, our liability for damage caused by slight negligence is excluded. This does not apply to personal injury. Liability for intent and gross negligence remains unaffected.
10.3 The exercises are voluntary. Please observe the instructions on the cards and in the quick guide. If you feel dizzy or anything hurts during an exercise, stop.
11. Data protection
How we process personal data is set out in the privacy policy at usethismoment.com/en/privacy.html.
12. Complaints and dispute resolution
If you have questions or complaints, you can reach us at info@usethismoment.com; you may write in English, German or Hungarian. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
13. Applicable law and place of jurisdiction
13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
13.2 For actions against consumers, the statutory places of jurisdiction apply. For contracts with businesses, the court with subject-matter and local jurisdiction for 8010 Graz, Austria, has jurisdiction.
14. Changes and final provisions
14.1 Each contract is governed by the version of these terms published on the website at the time of the order. Changes apply only to future orders.
14.2 If a provision of these terms is invalid, the remaining provisions remain valid. The statutory provision replaces the invalid provision.
Annex 1: Withdrawal information
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Adrienn Kühl, Schönbrunngasse 32c, 8010 Graz, Austria, phone: +43 676 70 74 006, email: info@usethismoment.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You can also exercise your right of withdrawal online at usethismoment.com/en/withdraw.html. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay, stating the content of your statement and the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Expiry of the right of withdrawal
The right of withdrawal expires for a contract for the supply of digital content not supplied on a tangible medium if we have begun supply after you expressly agreed that we begin supply before the withdrawal period ends, you confirmed that you acknowledge that you thereby lose your right of withdrawal, and we have provided you with a confirmation of the contract on a durable medium.
Annex 2: Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Adrienn Kühl, Schönbrunngasse 32c, 8010 Graz, Austria, email: info@usethismoment.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.