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German for social and work life

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General terms and conditions

For your information, you will find a translation of the General Terms & Conditions here. In the event of deviations in content, the original German version applies

Content

1) Scope of application, definitions

1.1 These General Terms and Conditions (hereinafter “GTC”) of Franziska Bewer, trading as “Let’s Talk German” (hereinafter “Provider”), apply to all contracts for participation in training courses and lessons (hereinafter “Course”) that a consumer or entrepreneur (hereinafter “Client”) concludes with the Provider with regard to the services presented on the Provider’s website. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Services of the provider

2.1 The Provider exclusively offers online courses. The content of the courses can be found in the respective description on the provider’s website.

2.2 In the case of online courses, the Provider shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Provider shall provide the Customer with suitable application software before the start of a video conference, whereby the Provider may also use the services of third parties for this purpose. For error-free participation in the online video conference, the customer’s system must meet certain minimum requirements, which are communicated to the customer on the provider’s website. The customer is responsible for compliance with the system requirements. The Provider shall not be liable for technical problems that are attributable to inadequate system requirements on the part of the Customer.

2.3 Unless otherwise stated in the description on the Provider’s website and unless the parties have agreed otherwise, the Provider shall provide its services in its own name.

2.4 The Provider shall provide its services with the utmost care and to the best of its knowledge and belief. However, the Provider does not owe any specific success. In particular, the Provider does not guarantee that the Customer will achieve a specific learning outcome or that the Customer will achieve a specific performance target. This depends not least on the personal commitment and will of the customer, over which the provider has no influence.

3) Conclusion of contract

3.1 The courses described on the Provider’s website do not constitute binding offers on the part of the Provider, but are intended for the submission of a binding offer by the Customer.

3.2 The customer can submit his offer via the online booking form provided on the provider’s website. After entering their data in the registration form, the customer submits a legally binding contractual offer in relation to the selected course by clicking the button that concludes the booking process. Furthermore, the customer can also submit the offer to the provider by e-mail, post or telephone.

3.3 The provider can accept the customer’s offer within five days,

– by sending the customer a written booking confirmation or a booking confirmation in text form (fax or e-mail), whereby the receipt of the booking confirmation by the customer is decisive in this respect, or

– by requesting payment from the customer after submission of the customer’s contractual declaration.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the provider does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The same applies in the event that the course selected by the customer begins before the expiry of the acceptance period and the provider does not accept the customer’s offer at the latest 24 hours before the start of the course, unless otherwise agreed between the parties.

3.4 When registering via the provider’s website, the text of the contract is saved by the provider after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent. The provider will not make the text of the contract available beyond this.

3.5 Before submitting a binding offer via the provider’s online booking form, the customer can correct their entries at any time using the usual keyboard and mouse functions.

3.6 The German language is available for the conclusion of the contract.

3.7 If the customer registers further participants for a course, he undertakes to also be responsible for the contractual obligations of all participants registered by him, provided he makes a corresponding declaration at the time of registration.

4) Right of withdrawal for consumers

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the provider’s withdrawal policy.

5) Prices and terms of payment

5.1 Unless otherwise stated in the provider’s offer, the prices quoted are total prices that include statutory VAT.

5.2 The payment options are communicated to the customer on the provider’s website.

5.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5.4 If payment is made using a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Eligibility to participate, transfer of contract

6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the provider.

6.2 If a third party enters into the contract between the customer and the provider, he and the customer shall be jointly and severally liable to the provider for the participation fee and any additional costs incurred as a result of the entry of the third party.

7) Falling below the minimum number of participants

7.1 The Provider may specify a minimum number of participants for its courses. If a minimum number of participants is specified, the provider shall expressly indicate this in the description.

7.2 If the minimum number of participants is not reached, the provider may withdraw from the contract by giving notice to the customer no later than seven days before the start of the course. The Provider shall send the Customer its declaration of withdrawal immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course.

7.3 If the Provider exercises its right of withdrawal in accordance with the above paragraph, the Customer may demand participation in another course of at least equal value if the Provider is in a position to offer such a course from its range at no extra cost to the Customer. The customer must assert his request to the provider immediately upon receipt of the provider’s declaration.

7.4 If the customer does not exercise his right in accordance with the above paragraph, the provider shall immediately reimburse the customer for any participation fee already paid.

8) Change or cancellation of the course

8.1 The Provider reserves the right to change the time, location, instructor and/or content of the course, provided that the change is reasonable for the Customer, taking into account the interests of the Provider. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the provider in bad faith are reasonable. The Provider shall inform the Customer in good time in the event of a change to the time, location, instructor and/or content of the course.

8.2 In the event of a significant change to the service, the Customer may withdraw from the contract free of charge or instead request participation in another course of at least equal value if the Provider is able to offer such a course from its range at no extra cost to the Customer.

8.3 The customer must assert the rights in accordance with the above paragraph immediately after informing the provider of the change in service.

8.4 The Provider is entitled to cancel the course at short notice for important reasons, such as force majeure or illness of the instructor, against full reimbursement of any participation fee already paid. The provider will endeavor to find an alternative date if the course is cancelled. Der Anbieter wird sich bei Ausfall des Kurses um einen Ersatztermin bemühen.

9) Contract term and termination

9.1 The right of the Provider and the Customer to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

9.2 Terminations must be made in writing or in text form (e.g. by e-mail).

10) Teaching material

10.1 The provider is the owner of all rights of use that are required to conduct the course. This also applies with regard to any teaching materials provided to the customer in connection with the course.

10.2 The customer may only use the contents of the course, including any teaching materials provided, to the extent necessary for the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the course or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the separate permission of the provider.

10.3 In the case of online courses, the customer shall be provided with course-related teaching material (e.g. teaching materials) exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer is not entitled to receive the teaching material in physical form.

11) Liability

The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

11.1 The Provider shall be liable without limitation for any legal reason

– in the event of intent or gross negligence,

– in the event of intentional or negligent injury to life, limb or health,

– on the basis of a guarantee promise, unless otherwise regulated in this respect,

– due to mandatory liability such as under the Product Liability Act.

11.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

11.3 Any further liability of the Provider is excluded.

11.4 The above liability provisions also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

13.2 The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

AGB by IT-Recht-Kanzlei

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