General Terms & Conditions of Sale

The sections below titled “binding arbitration” and “class action waiver” contain a binding arbitration agreement and class action waiver. They affect your legal rights. Please read them.

1.Subject-matter

1.1. These general conditions of sale (hereinafter also the “Conditions of Sale”) shall apply to the purchase of products or services branded “Pamela Caravas” or “CoachGo” (hereafter the “Services”, “Products” or individually the “Product”) made via the e-commerce section of the site www.pamelacaravas.com (hereafter the “Site”) by final users who may be qualified as "Consumers” pursuant to article 1.2 below. The e-commerce section of the Site, which is the property of LearnWorlds Ltd , with registered offices at Gladstonos 120, Foloune Building 2nd Floor, B1 3032 Limassol, Cyprus (hereafter “Seller”), is managed by LearnWorlds GR, with registered offices at Koraka 17, Chania, 73135, Greece.

We invite you to carefully read these Conditions of Sale, together with the General Conditions of Use of the Site and the notice concerning your personal data (the "Privacy Notice") prior to proceeding with the purchase of the Products via the e-commerce section of the Site.

1.2. The Products are offered and sold through the e-commerce section of the Site directly by LearnWorlds Ltd. Purchases made via the Site shall have as parties LearnWorlds as Seller (hereafter also the "Seller ") and the final user consumer who purchases one or more Products for purposes that are personal and outside a business, trade, craftsmanship or profession, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be jointly referred to as the "Parties")

1.3. Seller (LearnWorlds Ltd) is not a party to these Conditions of Sale or the purchase agreements entered into by the Parties, but is the owner of the rights respective to the platform design, operation and sales.

1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products - including any notifications, claims or requests concerning the purchase and/or delivery of the Products, the exercise of the right to cancel, etc. - shall be sent to the Client Concierge Service (customer care) by using the specific contact form on the Site through the link Contact on the menu bar of each page.

1.5. All purchases of Products are regulated by the version of the Conditions of Sale published on the Site at the time the order is transmitted by the Consumer.

1.6. By transmitting the purchase order for the Products, the Consumer agrees that the confirmation of information concerning the transmitted order and these Conditions of Sale shall be sent to the Consumer by e-mail to the address provided by the Consumer during registration on the e-commerce section of the Site or process of purchase of the Products.

1.7. In order to purchase the Products via the e-commerce section of the Site Consumers must be aged 18 or over in order and have legal capacity, which the Consumer declares to be and possess. The Product and the Seller reserve the right not to accept and/or perform purchase orders of the Products received from minors.

1.8. The Consumer shall be responsible for obtaining and at the Consumer’s own cost and/or expense, any necessary software and/or computing and/or digital equipment and/or instruments and/or telecommunications services, including in respect of Internet connection to the Site and/or telephone costs, in accordance with the rates applied by the service provider selected by the Consumer, that are required to access the e-commerce section of the Site and the respective Products they have purchased. In addition, the Consumer shall be responsible for the safekeeping, correct use, and ensuring that no person uses the Consumer’s software and/or computing and/or digital equipment and/or instruments and/or telecommunications services to access the Site and the purchased Products without the Consumer’s permission.


2. Product features and availability in the various geographical areas

2.1. The e-commerce section of the Site solely sells the Products that Company designs irrespective of the Seller and their conditions of sale. Said Products are original, bear the Products' distinctive signs and are not sold elsewhere. The Products are offered and sold by the Coaching Evolution International Ltd (hereafter the “Company”) through the e-commerce section of the Site with the features and qualities described therein and in accordance with the Conditions of Sale published on the Site at the time of the transmission of the order by the Consumer, with the exclusion of any other term or condition.

2.2. The Product reserves the right to amend and/or update these Conditions of sale at any time, in its own discretion, also as a consequence of amendments to applicable laws and/or regulations including valid and informed feedback, with no obligation to give notice to users of the e-commerce section of the Site. Any amendments made to the Conditions of Sale shall come into force from the date of their publication on the Site, and will only apply to purchases of the Products concluded from that date.

2.3. The Consumer acknowledges that the Products offered for sale via the e-commerce section of the Site are subject to availability at the time and that the features of the same, including prices, may be subject to changes and updates without the obligation to give prior notice. Such changes apply solely to orders not yet confirmed on the date of such changes. In any event, we invite the Consumer to check the availability and terms of purchase of the Products as well as their price prior to transmission of the purchase order in accordance with article 3 below.

3. Product Purchase Procedure - Conclusion of Each IndividualPurchase Contract

3.1. The presentation of the Products on the Site, constitutes a mere invitation addressed to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase of the products via the e-commerce section of the Site does not require the prior registration of the Consumer. Registration on the Site is in any event free of charge, quick and

does entail any obligation of the Consumer to purchase one or more Products. At the time of registration, the Consumer will receive via email at the address indicated a confirmation of registration on the Site, together with a password that may be modified by accessing the reserved area.

3.3. To conclude a purchase contract for one or more Products through the e-commerce section of the Site, the Consumer will be asked to compile a purchase order of the Products. The purchase order is compiled in English and once transmitted by the Consumer to the Company via the e-commerce section of the Site it is a valid contractual offer subject to these Conditions of Sale, which form an integral part of said order and which the Consumer, by transmitting the order to the Company is required to accept in their entirety and without reservation. Prior to proceeding with the purchase of the Products by transmitting the purchase order, Consumers will be asked to carefully read these Conditions of Sale as well as the notice concerning the Consumer’s right to cancel, print a copy of the same by using the printing command and/or store or reproduce a copy of the same for the Consumer’s personal use. In addition, Consumers will be asked to check their personal data and correct any errors in the provision of same.

3.4. The Consumer's purchase order is accepted by the Product by sending an e-mail to the Consumer confirming the order, to the address provided by the Consumer to the Product at the time of registration on the e-commerce section of the Site which email will include as a link these Conditions of Sale, a summary of the order placed, inclusive of the details of the price of the Products, as well as a description of the features of the Product ordered. The Consumer’s order, the Product's order confirmation and the Conditions of Sale applicable to the purchase contract concluded between the Parties will be archived electronically by the Seller’s computing systems and the Consumer may request a copy of same by sending an email to the Client Concierge Service (Contact).

3.5. Each purchase contract for Products shall be deemed concluded between the Parties when the Consumer receives the order confirmation of the Product by e-mail.


4. Products’ selection and purchase procedure

4.1. The Products offered for sale through the e-commerce section of the Site may be purchased by the Consumer by selecting the Products of interest and adding them to the virtual shopping cart. Once selection of the Products is complete, to purchase the Products added to the shopping cart the Consumer will be invited to (i) register on the e-commerce section of the Site, providing the requested data or, (ii) login, if the Consumer is already registered. In the event the data provided by the Consumer with the order differ from those provided during registration on the e-commerce section of the Site, the Consumer will be asked to confirm the Consumer’s data (by way of example and without limitation: name, surname etc.) as well as the delivery address of the selected Products, the billing address and, on an optional basis, a telephone number where the Consumer can be contacted in relation to the purchase made.

The Consumer will be shown a summary of the order to be processed, which content can be modified: then, the Consumer, will be required to carefully read and expressly accept these Conditions and the Privacy Notice by ticking the specific check box inserted in the summary of the order and, finally, confirm the order by clicking the "Buy Now" button, which order will thus be effectively sent to the Product.

Prior to proceeding with the placement of the order, the Consumer will also be asked to select the payment method from those available. If the Consumer selects a method of immediate payment of the Products (at the same time of the purchase) by credit card, the Consumer will be required to provide the relevant data via a secure connection. The Product reserves the right to verify the personal data provided by the Consumer for accounting and administrative purposes. If payment is made by credit card, the purchase price will be debited only at the time the order confirmation is transmitted by the Product to the Consumer.

4.2. The Consumer acknowledges that the price of the Products is subject to changes and updates without the obligation of prior notice. We invite the Consumer to check the final price of the Products before transmitting the order to the Company. In the event that, during the Product selection procedure on the e-commerce section of the Site pursuant to paragraph 4.1 above, the Consumer notes that the price of one or more Products the Consumer intends to select for purchase is evidently lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to an evident technical problem that occurred on the e-commerce section of the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Client Concierge Service by using the specific contact form on the Site (Contact page).


5. Delivery and Acceptance of Goods

5.1 The Product undertakes to do everything within its power to comply with the delivery times indicated on the e-commerce section of the Site and, in any event, undertakes to effectuate delivery within a maximum of 30 (thirty) days from the day after the date at which the Product confirmed the order from the Consumer, unless the Product notifies the Consumer, within the same deadline, that delivery of the Products is not possible by reason of their unavailability for any reason or force majeure, even temporary. In such event, the Product shall reimburse to the Consumer the amount paid by the Consumer for the Products in accordance with paragraph 5.2 below.

5.2. Delivery of the Products ordered by the Consumer shall be made in accordance with the modality described by the Company and indicated on the Site at the time of transmission of the order.

The Consumer undertakes to check promptly and

within the shortest possible time, that the delivery includes all and only the purchased Products, and to promptly notify the Company of any discrepancy between the Products received and those that were ordered; in the event of failure to do so, the Products shall be deemed accepted.

6. Prices, duties & taxes

6.1. The price of the Products is that which is indicated on the e-commerce section of the Site, in the summary of the order and at the time the order is transmitted by the Consumer. Such price is inclusive of the costs of Products' description of all elements and features included, VAT (where applicable), and any indirect tax (where applicable).

6.2. The Consumer shall pay to the Product the total price, inclusive of the elements indicated at previous article 6.1., as summarized in the order transmitted by the Consumer and the order confirmation sent via e-mail by the Product to the Consumer.


7. Payment

You may purchase licenses to certain Products through a one-time payment or in monthly instalments, as specified on the websites. When you make a purchase, you authorize us to charge the credit or debit card you provide on a one-time or monthly basis, depending on which payment plan you elect.

We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially fraudulent orders, incorrect pricing or non-payment.

8. Payment Methods

8.1 Purchases made via the Sites  www.pamelacaravas.com and www.coachgo.org  can be paid for by Mastercard or Visa, debit or credit card, in US Dollar currency. The Product may also allow other payment methods by indicating them in the payment section on the e-commerce section of the Site.

8.2 All your purchases are made in complete security using state-of-the-art e-commerce

technological systems and coding systems (SSL) to prevent unauthorised access to your personal data and credit card information. All credit card data is sent during the order processing phase to Stripe Payments and is protected against unauthorised access by SSL (Secure Socket Layer) data encryption system. Such data is inaccessible to third parties.

8.3 When payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to Stripe Payments, the operator that handles payments on behalf of the Company. The data inserted by Consumer will be sent securely using SSL (Secure Socket Layer) systems. Such data may not be accessed even by the Company.

8.4 Once you have completed the order, you will receive a confirmation e-mail containing your Order Number and a summary of your purchases.

8.5 The Product shall promptly transmit to the Consumer, if required by applicable laws, the invoice/tax receipt concerning the purchase of the Products made in electronic format by e-mail to the address provided by the Consumer.


9. Security

9.1. Although the Company and the Seller take measures to protect personal data from their loss, falsification, manipulation and improper use by third parties, by reason of the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Company cannot warrant that the information or data viewed by the Consumer through the e-commerce section of the Site, even after the Consumer proceeded to log-in, will not be accessible or viewable by unauthorised third parties.

9.2. In connection with the data concerning payments with made by credit card, the Company uses the services of Stripe Payments that in turn uses technological systems that are able to guarantee the maximum levels of reliability, security, protection and confidentiality in the transmission of data over the web.

10. Refunds & Cancellations

If the Consumer is not satisfied with a Product that was purchased, they are eligible for a full refund of amounts paid for that Product, provided that the Consumer emails the Client Concierge Service at concierge@coachingevolution.org, no later than fifteen (15) days following the date of purchase, requesting a refund, stating the reason for the request. Notwithstanding the foregoing, certain Product purchases may not be eligible for refund, or might be subject to satisfaction of additional or different criteria, if and to the extent the Company so provides on the applicable Site(s). If the Consumer receives a refund for a Product, they will have no further right to use that Product. The Company will have the sole discretion to determine whether the Consumer satisfies the eligibility criteria for a refund. For the avoidance of doubt, unless the Consumer is eligible to receive a refund, as provided herein, their obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.

For the avoidance of doubt, refunds cannot be applied and thus are not applicable, in the case that the Consumer chooses to pay the Product(s) in monthly instalments.

10.1 Refunds for Coaching services & e-products

Due to the nature of the specific products, no

refund is offered for coaching services, whether described as, but not limited to, 1-0-1 coaching, group coaching, e-coaching, blended coaching, e-book, and e-product.

10.1.1 Cancellation of coaching services

Prior to the purchase of personal coaching services or products, the validity of the Consumer’s choice is determined through a complimentary 30-minute call with the Coach. The Consumer may reschedule the session within a period of six (6) months from the date of purchase, but cannot cancel nor request a refund, except in a proven case of force majeure.

10.2 Refunds for short Online Courses & Webinars

10.2.1 Short online courses (no live interaction)

Due to the nature of the Products, no product cancellation or refund is offered for short online courses. Access to these is allowed (with the exception of the presence of technological problems outside the power of the Product) to the Consumer almost immediately following the time of purchase.

10.2.2 Webinars (live or recorded and scheduled for a future date)

§  Cancellations received within 15 days of booking a place on the webinar will receive a full refund.

§  Cancellations received after the 15-day cancellation period and earlier than 15 days before the start date of the webinar will receive a refund of any fees paid minus the administrative fees calculated during the process.

§  Cancellations received after the 15-day cancellation period and later than 15 days before the date of the webinar will not be eligible for a refund. For example, webinars scheduled to take place 30 days after the purchase date are not eligible for a refund.

10.3 Cancellations

To cancel a webinar booking, the Consumer must inform the Company by emailing the Client Concierge Service at concierge@coachingevolution.org. In this email the Consumer must clearly state their intention to cancel the booking. To meet the cancellation deadline, it is sufficient for the Consumer to send their communication (email) concerning exercising the right to cancel before the cancellation period has expired.


11. Applicable Law & Jurisdiction

These Conditions (terms) shall be governed by the laws of the Netherlands without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION in Amsterdam, NL.

12. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally resolve the dispute by binding arbitration governed by the laws of the Netherlands and the Dutch Arbitration Act. Any election to arbitrate, at any time, shall be binding on the other party. All disputes will be resolved by Arbitration as per book 4 of the Dutch Code of Civil Procedure (DCCP), also referred to as the Dutch Arbitration Act. All three legal remedies that may be available against an arbitral award: arbitral appeal, setting aside, and revocation, will be available to the contracting parties.

Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the Dutch Arbitration Act. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Amsterdam, NL.

13. Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. However, you also irrevocably and unconditionally consent hereby to the personal and subject matter jurisdiction of the courts in the Netherlands for purposes of any such action chosen by us.