TERMS & CONDITIONS
Table of contents
- Area of application
- Services of the provider
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Contents of the services and teaching material
- Granting rights of use to digital content and transferring them
- Liability for defects
- Applicable law
- Alternative dispute resolution
1) Area of application
1.1 These general terms and conditions (hereinafter “GTC”) of Tatiana Huber (hereinafter “provider”) apply to all contracts regarding participation in Online live courses and the delivery of digital content (hereinafter “services”) that a consumer or entrepreneur (hereinafter “customer”) concludes with the provider with regard to the services presented on the provider’s website.
The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is in the exercise of its commercial or independent nature professional activity. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier that is produced in digital form and is more precise by the provider under the terms of these terms and conditions regulated usage rights are provided.
2) Services of the provider
2.1 The provider delivers digital content via its website. Their subject matter results from the respective service description on the website of the provider.
2.2 The provider provides its services through qualified, selected personnel. The provider can also use the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the provider’s descriptions, the customer has no right to be selected to provide the contracted service.
2.3 The provider provides his services with the greatest care and to the best of his knowledge and belief. However, the provider does not owe a certain success. In particular, the provider does not assume any guarantee that the customer will achieve a specific learning success or that the customer will achieve a specific performance target. Last but not least, this also depends on the personal commitment and will of the customer, over which the provider has no influence.
2.4 Insofar as the provider delivers digital content in the form of reproducible video material, delivery takes place exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the stream, 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 is not liable for technical problems that can be traced back to inadequate system requirements at the customer’s.
If the provider delivers other digital content that does not contain reproducible video material, the delivery will be made available for download.
3) Conclusion of the contract
3.1 The services described on the website of the provider do not represent binding offers on the part of the provider, but serve for the submission of a binding offer by the customer.
3.2 The customer can submit his offer using the online form provided on the provider’s website. After entering his data in the form, the customer submits a legally binding contract offer with regard to the selected service by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the provider by telephone, fax, email or post.
3.3 The provider can accept the customer’s offer within five days,
- by sending the customer a written registration confirmation or a registration confirmation in text form (fax or e-mail), whereby the customer’s access to the registration confirmation is essential, or
- by asking the customer to pay after submitting his contract declaration
If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the provider does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent. In the event that an online live course is held, the same applies in the event that the course selected by the customer begins before the end of the acceptance period and the provider does not make the customer’s offer at the latest 24 hours before the start of the course unless otherwise agreed between the parties.
3.4 When submitting an offer via the provider’s online form, the contract text will be saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. . E-mail, fax or letter). Any further access to the text of the contract by the provider does not take place. If the customer has set up a user account on the provider’s website before submitting the offer, the data on the commissioned service will be archived on the provider’s website and can be accessed by the customer via his password-protected user account stating the corresponding Login details are retrieved free of charge.
3.5 Before the binding offer is submitted via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding offer is submitted and can also be corrected there using the usual keyboard and mouse functions.
3.6 Only the English and German language are available for the conclusion of the contract.
3.7 Contacting the provider for contract processing usually takes place by email. The customer must ensure that the e-mail address provided by him when submitting the offer is correct, so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned to process the contract can be delivered.
4) Right of return
More detailed information on the right of return can be found in the provider’s Return policy.
5) Prices and terms of payment
5.1 The prices given by the provider are total prices. Sales tax is not shown because the provider is a small business owner within the meaning of the UStG.
5.2 Various payment options are available to the customer, which are specified on the provider’s website.
5.3 For payments in countries outside the European Union, additional costs may arise in individual cases for which the provider is not responsible and which are to be borne by the customer . This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
5.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5.6 If the payment method “SOFORT” is selected, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can call up more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
6) Contents of the services and teaching material
6.1 The provider is the owner of all rights of use that are required to provide the services. This also applies to teaching materials that may be provided to the customer in connection with the provision of services.
6.2 Any performance-related teaching material (e.g. teaching documents) will be made available to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer has no right to be provided with the teaching material in physical form.
6.3 The customer may only use the content of the services, including any teaching documents provided, to the extent required by the contractual purpose on which both parties are based. In particular, the customer is not entitled to record the contents of the services or parts thereof or to reproduce, distribute or make publicly accessible teaching documents without the separate permission of the provider.
7) Granting rights of use to digital content and transferring them
7.1 The provision of digital content in the form of recorded video material takes place exclusively via the provision of an online video stream using appropriate technical means.
The provision of other digital content that does not contain reproducible video material is made available for download.
7.2 Unless otherwise stated in the description of the content on the provider’s website, the provider grants the customer the non-exclusive, localized permission for the digital content provided and an unlimited right to use the content provided exclusively for private purposes.
7.3 The legal arrangement only becomes effective when the customer has paid the contractually owed remuneration in full. The provider can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
8) Liability for defects
The statutory liability for defects applies.
The provider is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
9.1 The provider is fully liable for any legal reason
- in the event of willful intent or gross negligence,
- in the event of willful or negligent harm to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
9.2 If the provider negligently breaches an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
9.3 Otherwise, liability on the part of the provider is excluded.
9.4 The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
10) Applicable law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
10.2 Ferner gilt diese Rechtswahl im Hinblick auf das gesetzliche Widerrufsrecht nicht bei Verbrauchern, die zum Zeitpunkt des Vertragsschlusses keinem Mitgliedstaat der Europäischen Union angehören und deren alleiniger Wohnsitz und Lieferadresse zum Zeitpunkt des Vertragsschlusses außerhalb der Europäischen Union liegen.
11) Alternative dispute resolution
11.1 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 sales or service contracts in which a consumer is involved.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
You can read the original (German) version of our Terms&Conditions here.