Table of contents
1.1These General Terms and Conditions (hereinafter "GTC") of Alexander Sprogis (hereinafter "Provider"), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter "Services"), which 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 terms and conditions is hereby objected to, unless otherwise agreed.
1.2An 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 his commercial or independent professional activity. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3For the purposes of these GTC, digital content is all data that is not on a physical data carrier, that is produced in digital form, and that is made available by the Provider under the granting of certain rights of use that are regulated in more detail in these GTC.
1.4Depending on the Provider's service description, the subject matter of the contract may be both the one-time purchase of services and the purchase of services by way of recurring service provision (hereinafter "subscription contract"). In the case of a subscription contract, the Provider undertakes to provide the Customer with the contractually owed service for the duration of the agreed contract term at the contractually owed time intervals.
2.1On the one hand, the Provider shall hold live online courses and, on the other hand, shall deliver digital content via its website. The contents of the online live courses and the subject matter of the digital content result from the respective service description on the website of the Provider.
2.2Insofar as the Provider holds online live courses, it 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 prior to the start of a video conference. 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 is not liable for technical problems that are due to inadequate system requirements at the customer.
2.3The Provider shall provide its services through qualified personnel selected by it. In doing so, the Provider may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the descriptions of the Provider, the Customer shall not be entitled to the selection of a specific person for the provision of the commissioned service.
2.4The Provider shall provide its services with the greatest care and to the best of its knowledge and belief. However, the Provider does not owe a certain success. In particular, the Provider does not guarantee that the Customer will achieve a certain learning success or that the Customer will reach a certain performance target. This depends not least on the personal commitment and will of the customer, on which the provider has no influence.
2.5Insofar as the Provider delivers digital content, delivery shall be made 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 will be 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 are due to inadequate system requirements at the customer.
3.1The services described on the website of the Provider do not constitute binding offers on the part of the Provider, but serve for the submission of a binding offer by the Customer.
3.2The Customer may submit its offer via the online form provided on the Provider's website. In doing so, the Customer, after having entered his data in the form, submits a legally binding contractual offer with regard to the selected service by clicking the button concluding the registration process.
3.3The Provider may accept the Customer's offer within five days,
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent. In the event that a live online course is held, the same shall apply in the event that the course selected by the customer begins before 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.
3.4When submitting an offer via the Provider's online form, the text of the contract shall be stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's offer has been sent. The Provider shall not make the text of the contract accessible beyond this. If the customer has set up a user account on the website of the provider before sending the offer, the data on the ordered service will be archived on the website of the provider and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
3.5Before the binding submission of the offer via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries shall be displayed once again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
3.6Only the German language is available for the conclusion of the contract.
3.7As a rule, the Provider shall contact the Customer by e-mail in order to process the contract. The Customer shall ensure that the e-mail address provided by it when submitting the offer is correct so that 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 by the provider to process the contract can be delivered.
Further information on the right of withdrawal can be found in the provider's withdrawal policy.
5.1Unless otherwise stated in the Provider's service descriptions, the prices quoted are total prices that include the statutory value-added tax.
5.2Various payment options are available to the Customer, which are indicated on the Provider's website.
5.3In the case of payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Provider is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).
6.1The provider may determine a minimum number of participants for its online live courses. If a minimum number of participants is stipulated, the provider shall expressly indicate this in the course description.
6.2If the minimum number of participants is not reached, the provider may withdraw from the contract by declaring this to the customer no later than seven days before the start of the course. If several services are the subject of the contract, the withdrawal by the provider in the aforementioned cases is limited to the service affected by the shortfall in the minimum number of participants ("partial withdrawal"). The partial withdrawal has no effect on the other agreed services. The provider shall send the customer his notice of withdrawal immediately after becoming aware that the number of participants has not been reached, but no later than seven days before the start of the course.
6.3If the Provider makes use of its right of withdrawal in accordance with the above section, the Customer may demand participation in another online live course of at least equal value if the Provider is able to offer such a course from its range at no extra charge to the Customer. The customer shall assert his demand against the provider immediately after receipt of the provider's declaration.
6.4If the customer does not exercise his right under the above clause, the provider shall immediately refund to the customer any fee already paid for participation in the online live course concerned. In doing so, the Provider shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise.
7.1The Provider reserves the right to change the time, instructor and/or content of the online live courses, provided that the change is reasonable for the Customer, taking into account the interests of the Provider. Reasonable are only insignificant service changes that become necessary after the conclusion of the contract and were not brought about by the provider against good faith. The provider will inform the customer in a timely manner in the event of a change of time, course instructor and/or course content.
7.2In the event of a significant change in performance, the customer may withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if the provider is able to offer such a course from its range at no extra charge to the customer.
7.3If several services are the subject of the contract, the withdrawal by the customer in the aforementioned cases shall be limited to the service affected by the change ("partial withdrawal"). The partial withdrawal shall have no effect on the other agreed services. The customer may only withdraw from the entire contract if he has no interest in the remaining agreed services.
7.4The Customer shall assert the rights pursuant to the above clause against the Provider without undue delay after the Provider has been informed of the change in performance.
7.5The provider is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. In the event of cancellation of the online live course, the provider will endeavor to find a replacement date.
8.1The Provider shall be the owner of all rights of use required for the provision of the Services. This shall also apply with regard to teaching materials that may be provided to the Customer in connection with the provision of the Services.
8.2Any teaching material accompanying the performance (e.g. teaching documents) shall be made available to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.
8.3The Customer may use the contents of the Services, including any teaching materials provided, only to the extent required in accordance with the purpose of the contract as agreed by both parties. Without separate permission of the Provider, the Customer shall in particular not be entitled to record contents of the Services or parts thereof or to reproduce, distribute or make publicly available teaching materials.
9.1Digital content shall be made available exclusively via the provision of an online video stream using appropriate technical means.
9.2Unless otherwise stated in the content descriptions on the Provider's website, the Provider grants the Customer the non-exclusive right, unlimited in time and place, to use the provided digital content exclusively for private purposes.
9.3The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Provider may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
The statutory liability for defects shall apply.
The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
11.1The Provider shall be liable for any legal reason without limitation
11.2If 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 section. Material 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 compliance with which the Customer may regularly rely on.
11.3In all other respects, any liability on the part of the Provider shall be excluded.
11.4The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
12.1The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12.2Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13.1The 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 involving a consumer.
13.2The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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