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1.1These General Terms and Conditions (hereinafter referred to as "GTC") of Alexander Sprogis (hereinafter referred to as "Provider"), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter referred to as "Services"), which a consumer or entrepreneur (hereinafter referred to as "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 are predominantly neither commercial nor self-employed.
1.3Digital content within the meaning of these GTC is all data not on a physical data carrier that is produced in digital form and made available by the Provider under the granting of certain rights of use 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.
2.1The Provider holds live online courses on the one hand and delivers digital content via its website on the other hand. 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 before the start of a video conference. For error-free participation in the online video conference, the Client's system must meet certain minimum requirements, which are communicated to the Client 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 on the part of 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) who act on its behalf. Unless otherwise stated in the provider's descriptions, the customer has no claim to the selection of a specific person to provide 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 Client will achieve a specific learning success or that the Client will achieve a specific performance target. This depends not least on the personal commitment and will of the client, over 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 shall not be liable for technical problems that are attributable to inadequate system requirements on the part of 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 can submit his offer via the online form provided on the website of the Provider. After entering his or her data in the form, the customer submits a legally binding contractual offer with regard to the selected service by clicking the button that concludes 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 an offer is made 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 provider's website before sending the offer, the data on the ordered service will be archived on the provider's website 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 are displayed 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 contacts the Customer by e-mail in order to process the contract. The customer must ensure that the e-mail address provided by the customer 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 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 which 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, further costs may be incurred in individual cases for which the Provider is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money 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 point this out in the course description.
6.2If the minimum number of participants is not reached, the provider can withdraw from the contract by declaring this to the customer at the latest 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, at the latest seven days before the start of the course.
6.3If the Provider exercises its right of withdrawal in accordance with the above clause, the Customer may demand participation in another online live course of at least equal value if the Provider is in a position to offer such a course from its range of courses at no extra charge to the Customer. The customer must assert his or her demand against the provider immediately after receipt of the provider's declaration.
6.4If the customer does not exercise his or her right pursuant to the preceding 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 changes are only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the provider contrary to good faith. The provider shall inform the customer in good time 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 is 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 other agreed services.
7.4The customer shall assert the rights pursuant to the above clause against the Provider without undue delay after informing the Provider about 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 endeavour to find an alternative date.
8.1The Provider is the owner of all rights of use required for the provision of the Services. This shall also apply with regard to teaching materials which may be provided to the Client 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 only use the contents of the services, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. Without the separate permission of the Provider, the Client is in particular not entitled to record the contents of the Services or parts thereof or to reproduce, disseminate or make publicly available teaching materials.
9.1The provision of digital content shall be effected exclusively via the provision of an online video stream using appropriate technical means.
9.2Unless otherwise stated in the DeepL descriptions on the Provider's website, the Provider grants the Customer the non-exclusive right, unlimited in time and place, to use the digital content provided 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. Such provisional permission does not constitute a transfer of rights.
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 without limitation for any legal reason
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 pursuant to the preceding clause. 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 fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.
11.3In all other respects, liability on the part of the Provider is excluded.
11.4The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
12.1All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12.2Furthermore, this choice of law with regard to the statutory right of withdrawal does 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.
The access will remain as long as your account with VisualMakers exists.
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