RAPHAEL ALEXANDER
General Terms and Conditions
This is a translation for information only. The German version is authoritative between the parties.
- Scope, contracting parties and definitions
These terms apply to contracts for paid services provided by Raphael Alexander Wagener, trading as „Raphael Alexander“, Im Siepen 14, 42555 Velbert, Germany (the „provider“, „I“ or „me“), in so far as they have been validly incorporated into the relevant contract.
The customer is the person or organisation commissioning the service. Participants are the people who actually receive it. Customer and participant may but need not be the same.
A consumer is any natural person entering into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code). An entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business or profession (Section 14 German Civil Code).
My paid offers are directed exclusively at adults and at entrepreneurs and organisations. Contracts are not concluded with minors.
Differing, conflicting or supplementary terms of the customer do not become part of the contract unless I have expressly agreed to them in text form. Individual agreements take precedence over these terms (Section 305b German Civil Code).
The contract language is German. An English version of these terms serves information purposes only; between the parties, only the German version is authoritative. - Formation of the contract
The presentation of my services on the website is not a binding offer but an invitation to make contact. A contact enquiry, the booking of a free initial consultation or any other appointment request does not in itself create a paid contract.
For paid services you receive an individual offer in text form before you give a binding declaration. The offer sets out the specific service, its scope, the date or period, the format, the total price payable or, for entrepreneurs, the agreed remuneration, these terms and, where required, the statutory consumer information including the withdrawal information and the model withdrawal form.
A paid contract is concluded exclusively through individual communication in text form: I send a specific offer, generally by email. The contract is concluded once your acceptance in text form reaches me within the acceptance period stated in the offer. If the offer states no period, it is 14 calendar days from receipt of the offer.
I confirm the conclusion of the contract in text form without delay. The confirmation is not a condition of validity; it serves as evidence and as consumer information.
A booking via the external scheduling service Cal.com serves solely to arrange the free initial consultation. It does not conclude a paid contract and is not a paid order.
For distance contracts with consumers, I provide the statutory contract confirmation and the required consumer information on a durable medium, in particular by email or as a PDF attachment, within the statutory periods and in any event before performance begins.
The conclusion of a paid contract directly through an online interface, for example a payment process on the website or in a booking portal, is not provided for. Should such a process be set up in future, it will be reviewed separately in legal and technical terms before activation and reflected in these terms. - Services and scope
The type, scope, date, location or online format and the remuneration follow from the individual offer and the confirmation of acceptance. The service descriptions on the website are general information. In the event of any conflict, the individually confirmed agreement prevails.
1:1 guidance and support for exhaustion generally take place online in sessions of 60 minutes.
Grief support generally takes place online in sessions of 60 minutes, unless the individual offer provides otherwise.
The introduction to meditation comprises two consecutive days of approximately four to six hours each, unless otherwise agreed in the individual offer. The sessions take place synchronously and live.
For your own systemic constellation, the service comprises the detailed preliminary telephone conversation, working through the genogram together and carrying out the constellation. The constellation itself usually lasts around 90 to 120 minutes; the framework of a constellation day follows from the relevant event description. A separate follow-up telephone conversation is part of the service only where the individual offer expressly provides for it.
For a funeral speech, my service comprises the preparation conversation, writing the speech, the necessary organisational coordination and delivering the speech. Leading or moderating the funeral ceremony as a whole is not part of the service.
For farewell speeches and laudations, the service comprises the preparation conversation, the writing, the agreement of the text and the delivery within the agreed framework.
For services for organisations, the format, duration, group of participants and scope follow from the individual offer.
I provide the agreed services carefully and according to professional judgement. No particular personal, health-related, professional or economic outcome is owed or guaranteed. In particular, I do not owe any specific result of guidance, meditation or a constellation.
My services do not include legal, tax, financial or investment advice, nor medical, psychotherapeutic or healthcare advice. They do not include crisis intervention, emergency care or continuous or short-notice availability outside the agreed appointments, unless expressly agreed otherwise.
3.1 Your cooperation
Delivery of the services requires your cooperation. In particular, you provide the information required in good time, completely and accurately, keep agreed appointments and are contactable during the agreed times.
For speeches, you provide in good time the information required for the writing, the running order of the event, the venue and the contact persons. Where performance is delayed because required acts of cooperation are missing, agreed deadlines are extended appropriately.
At in-person events and in formats involving physical participation, participants inform me before the start of any health limitations that are material to safe participation, in so far as this is possible and reasonable for them. There is no obligation to disclose diagnoses or other health data.
3.2 Defects and remedies
The statutory provisions apply to defective performance. Statutory remedies are neither excluded nor limited; statutory limitation periods are not shortened.
For funeral speeches, farewell speeches and laudations the following applies in addition: objections to the speech manuscript should be raised early enough for a revision to be possible before the occasion. Within this framework I revise the manuscript at no additional charge, provided the objection is justified and the agreed scope is not extended. - Not a health treatment, conditions of participation and personal responsibility
My offers serve self-exploration, personal reflection, orientation and guidance outside the practice of healthcare. I do not make medical or psychotherapeutic diagnoses and do not carry out health treatments or psychotherapy.
Participation does not replace a visit to a doctor, a psychotherapist or a Heilpraktiker and does not replace medically indicated treatment.
In acute psychological or medical crises, where there is an acute risk to yourself or others, or where medical or psychotherapeutic assessment is required, appropriate help must be sought without delay. In life-threatening situations, call the emergency number 112. My offers are not intended for such situations and do not replace professional help.
Where you are already receiving medical or psychotherapeutic treatment, it may be sensible to discuss participation with the people treating you.
Participants decide for themselves which personal content they raise and may end an exercise, a role or a conversation at any time and without giving reasons. Responsibility for decisions taken after guidance remains with the participant.
This Clause 4 does not limit any statutory duties or any statutory liability on my part for my own breaches of duty. Clause 11 remains unaffected. - Prices, ancillary costs, payment and VAT
The remuneration follows from the individual offer; the price stated on the website applies in addition. Consumers are told the total price payable before the contract is concluded.
I am a small business within the meaning of Section 19 of the German VAT Act. My turnover is exempt under Section 19(1); VAT is therefore not charged and not shown on invoices. The prices stated are final prices.
For funeral speeches, farewell speeches and laudations, travel each way is included in the agreed fee. For greater distances an additional travel contribution is agreed transparently before the contract is concluded or before the journey in question. For other in-person services, travel, room or other ancillary costs are owed only where they were expressly set out in the offer beforehand.
Unless the individual offer provides otherwise, invoices are payable without deduction within 14 calendar days of receipt. For multi-part packages, courses or series, and for events with limited places, the individual offer may provide for payment before the first appointment, partial payment or a different due date.
The statutory provisions apply to default in payment and its consequences. Where a particular notice is required on the invoice, it is given there separately.
A customer who is an entrepreneur may exercise a right of retention or set-off only with undisputed or legally established counterclaims. Towards consumers, the statutory provisions apply without restriction. - Cancellation, non-attendance and cancellation amount
Agreed appointments are binding. Statutory rights of withdrawal, rescission and termination remain unaffected by the following contractual provisions. Cancellations and rescheduling should be declared in text form.
6.1 Individually reserved single appointments
Cancellation or rescheduling free of charge is possible where the cancellation reaches me at least 48 hours before the agreed start. Text form is recommended but is not a condition of the cancellation being free of charge.
For a later cancellation or non-attendance, I may claim a reasonable cancellation amount, in so far as the appointment could not be filled otherwise and I have incurred a specific loss or expense as a result. Expenses saved and income from filling the appointment otherwise are credited.
You are expressly permitted to show that no loss, or a substantially lower loss, has arisen. In that case the cancellation amount does not apply or is reduced accordingly. The right to prove a higher specific loss is reserved.
No cancellation amount is claimed where the cancellation is due to circumstances for which you or the participant are not responsible, in particular sudden illness, a death in your close personal circle or a comparable unforeseeable event. Evidence may be requested.
6.2 Events with a fixed date or limited places
For meditation days, constellation days and other events with a fixed date or limited places, the cancellation and withdrawal conditions expressly stated in the individual offer or in a separate confirmation of participation apply. These are provided in text form before you give your binding declaration and form part of the offer.
Where no such separate provision exists, Clause 6.1 applies accordingly. A fixed date alone does not exclude statutory rights of withdrawal.
You may transfer a booked place at an event with a fixed date to another adult if you notify me in text form at least 48 hours before the start and no objective reasons prevent that person from participating. The substitute takes on the contractual obligations.
Where a minimum number of participants is required for an event, this is stated in the offer. If it is not reached, I may cancel the event in text form up to seven days before the start. In that case any payments already made are refunded in full without delay; there are no further claims in so far as I am not at fault.
6.3 Funeral speeches, farewell speeches and laudations
For funeral speeches, farewell speeches and laudations, performance regularly begins with the preparation conversation, the writing, the coordination and the organisational preparation.
Where the commission is ended after this work has begun, the scope actually performed up to that point is invoiced in accordance with the individual offer. Preparatory work already carried out is set out and taken into account in a comprehensible way.
Remuneration for services not yet performed is claimed only in so far as this is legally permissible and has been validly agreed. Expenses saved and any other use of the appointment are credited.
Statutory rights of withdrawal, termination and rescission remain unaffected.
6.4 Cancellation or unavailability on my part
If I am unable to hold an agreed appointment, I offer a prompt replacement date where possible. If no replacement date is arranged, the remuneration for the service not performed does not apply. Amounts already paid for it are refunded without delay. Further statutory rights remain unaffected.
If, for a reason for which I am not responsible, in particular illness, I am unable to deliver a speech myself, I inform you without delay and propose a solution where possible, for example handing over the finished manuscript for your own use or, by agreement, delivery by a suitable substitute. In that case the remuneration is reduced to the scope actually performed.
Where performance becomes impossible or unreasonable through force majeure or another unforeseeable event for which I am not responsible, in particular official orders, natural events or the loss of the premises used, the parties will first examine a replacement date or, for online formats, an equivalent delivery. If no such solution is reached, the remuneration for the service not performed does not apply; amounts already paid are refunded.
6.5 Ending the contract
The statutory rights of termination of both parties remain unaffected. This applies in particular to the right to terminate at any time a service relationship involving services of a higher nature entrusted on the basis of particular trust (Section 627 German Civil Code) and to the consequences for remuneration under Section 628.
For multi-part packages, courses or series, in the event of a permissible termination the portion actually performed up to that point is invoiced. Remuneration beyond that is claimed only in so far as this is legally permissible. Amounts paid in advance for services not performed are refunded.
Either party may terminate the contract for good cause. Good cause exists for me in particular where continuing is not justifiable on objective grounds, for example in the event of significant disruption, threats or assaults towards me or other participants, or where there is evidently a need that can only be met medically or psychotherapeutically. - Online appointments and technical faults
For online appointments, participants need a suitable internet connection, a suitable device and an undisturbed environment. Providing these conditions is the responsibility of the participant.
In the event of short technical faults, both sides first attempt to restore the connection or to move to an agreed alternative channel, for example a telephone call. Interruptions of up to ten minutes are made up within the appointment where possible.
Where an appointment cannot sensibly be held because of a technical fault, it is first examined whether a short continuation or a replacement date is possible. Only where the fault clearly originates in the participant’s sphere, is their responsibility and no reasonable alternative is possible may Clause 6.1 be applied accordingly. Statutory rights remain unaffected.
Online appointments are not recorded by me. Recordings by participants are permitted only with my prior consent under Clause 8. - Copyright, rights of use and recordings
Speech manuscripts, presentation, course and accompanying materials created by me are protected by copyright. The copyrights remain with me.
For private funeral and farewell speeches, the customer receives a simple right of use in the manuscript, unlimited in time and territory, for private use in connection with the agreed occasion. This covers preparing and holding the occasion, personal remembrance, private documentation and passing the manuscript to relatives and to others directly involved in the specific occasion.
For commissions from organisations, a simple right of use for internal, occasion-related purposes is granted unless otherwise agreed.
Not covered are, in particular, publication, making available to the public on the internet or in social networks, commercial reuse, adaptation and use as a template for other speeches or events. These require my prior consent in text form, unless the law permits otherwise.
Audio, photo and video recordings of my speeches, talks, courses, conversations or constellations by customers, participants or others present require my prior consent. This also applies to recordings of online appointments. Consent must be given expressly before the recording begins. The rights of other participants and statutory provisions, in particular on personality rights and the confidentiality of the spoken word, remain unaffected.
I use speech or accompanying material as my own work sample or reference only where the necessary consents and rights of use are in place. - Confidentiality
I treat personal information entrusted to me in the course of guidance or preparation as confidential. Disclosure generally takes place only with the consent of the person concerned or where there is a legal obligation, an official or court order or another legally permissible ground. Such a ground may in particular be a present danger to life or health.
This provision does not create a statutory duty of confidentiality of the kind applying, for example, to certain health professions or other holders of professional secrets. There is no right to refuse to give evidence.
Where an organisation is the commissioning party, the content of confidential individual conversations with employees is not passed on to it. It receives neither conversation content nor personal assessments or individual reports, unless the person concerned expressly agrees otherwise in the specific case and this is permissible under data protection law. Anonymous or aggregated information without personal reference, for example the number of sessions held, is permissible.
At group events, participants are informed of the confidentiality of other participants’ personal content and, where provided for, are separately bound to confidentiality. I cannot assume complete control over the conduct of other participants.
The processing of personal data is otherwise governed by my privacy policy. - Group events and constellation days
At constellation days, several people may work on their own concerns one after another. I lead the process and decide in its course which people, relationships or aspects are included in a particular constellation and who acts as a representative. A role may be declined or ended at any time and without giving reasons.
Anyone booking their own constellation may bring one person they trust free of charge. That person attends the whole constellation day and may be included as a representative where appropriate. The same confidentiality and conduct rules apply to them.
Where a separate participation and confidentiality declaration is provided for an event, it is made available before participation and is a condition of taking part. - Liability
I am liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health, where the statutory conditions are met.
In the event of slightly negligent breach of material contractual duties, liability is limited to the foreseeable damage typical of the contract. Material contractual duties are duties whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely.
In the event of slightly negligent breach of non-material contractual duties, liability is excluded. Liability for damage arising from injury to life, body or health remains unaffected in this respect as well.
Mandatory statutory liability remains unaffected, in particular liability under the German Product Liability Act, in the event of fraudulent concealment of a defect, where an express guarantee has been given and where a limitation of liability is legally impermissible.
The above provisions on liability also apply to liability for my legal representatives, agents and other persons I use in performing the contract.
Decisions taken by participants after guidance are their own responsibility. This provision does not limit any statutory liability for breaches of duty on my part. - Right of withdrawal for consumers
For distance contracts and contracts concluded away from business premises, consumers generally have the statutory right of withdrawal under Section 312g(1) in conjunction with Section 355 of the German Civil Code, unless a specific statutory exception applies.
The details follow from the separate withdrawal information and the model withdrawal form. Both are provided to consumers, where required, in text form together with the individual offer and in good time before they give their binding declaration.
Where a consumer expressly requests that a paid service begin before the withdrawal period expires, a separate declaration is obtained. It contains the express request for early commencement, confirmation of awareness that the right of withdrawal lapses on complete performance, and information on possible compensation for value under Section 357a of the German Civil Code.
For a paid service, the right of withdrawal does not lapse simply because performance has begun, but only under the statutory conditions of Section 356(5) of the German Civil Code and generally only on complete performance of the contract.
Where, because of a statutory exception, no right of withdrawal exists for a particular service from the outset, the consumer is informed of this expressly and with reasons before the contract is concluded. A right of withdrawal that never existed and one that initially existed and later lapsed are not treated alike.
The conclusion of a paid contract via an online interface is not provided for. An electronic withdrawal function under Section 356a of the German Civil Code is therefore not currently provided and is not required for the chosen method of contract formation. Withdrawal may be declared without any particular form, in particular by email, letter or telephone. - Consumer dispute resolution
I am not willing to take part in dispute resolution proceedings before a consumer arbitration board. There is no statutory or contractual obligation to take part.
For information: the generally competent consumer arbitration board is the Universalschlichtungsstelle des Bundes, Zentrum für Schlichtung e. V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de. This information is given voluntarily; I do not take part in proceedings before this board.
The statutory information duties under Section 37 of the German Consumer Dispute Resolution Act, arising once a specific unresolved dispute with a consumer has occurred, remain unaffected and are then fulfilled separately in text form.
The former European Union platform for online dispute resolution was discontinued on 20 July 2025. A reference or link to that platform is therefore no longer provided. A directory of consumer arbitration boards in the European Union is made available by the European Commission. - Applicable law and place of jurisdiction
German law applies. Towards consumers, this choice of law applies only in so far as it does not deprive them of the protection of mandatory consumer protection provisions of the state of their habitual residence.
Where the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is my place of business (Section 38(1) German Code of Civil Procedure). Otherwise, in particular towards consumers, the statutory places of jurisdiction apply. - Final provisions
Amendments and additions to the contract, and declarations for which these terms require text form, should be made in text form. No stricter form than text form is required. Individual agreements made orally remain effective (Section 305b German Civil Code).
The version of these terms validly incorporated at the time the relevant contract was concluded applies in each case. For ongoing contracts, the incorporated terms are not changed unilaterally.