General terms and conditions

Table of contents

 

    Scope of application

    Services of the provider

    Conclusion of contract

    Right of withdrawal

    Prices and terms of payment

    Content of services and teaching material

    Provision of digital content and granting of rights of use

    Liability for defects

    Liability

    Applicable law

    Alternative dispute resolution

 

1) Scope of Application

 

1.1 These General Terms and Conditions (hereinafter "GTC") of Olga Kazanskaya (hereinafter "Provider"), apply to all contracts for participation in online live courses and the provision 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.

 

1.2 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 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.

 

1.3 Digital content within the meaning of these GTC is data that is created and provided in digital form.

2) Services of the Provider

 

2.1 The Provider provides digital content via its website. The subject matter of such content is set out in the respective service description on the Provider's website.

 

2.2 The Provider shall provide its services through qualified personnel selected by him. In doing so, the Provider may also make use of the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the Provider's descriptions, the Customer shall have no claim to the selection of a specific person to provide the commissioned service.

 

2.3 The Provider shall render its services with the utmost 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, over which the provider has no influence.

 

2.4 Insofar as the Provider provides digital content in the form of reproducible video material, this shall take 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 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.

Insofar as the Provider delivers other digital content that does not contain reproducible video material, the delivery shall be made via provision for download.

3) Conclusion of contract

 

3.1 The 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.

 

3.2 The customer can submit his offer via the online form provided on the website of the provider. 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 that concludes the registration process.

 

3.3 The Provider may accept the Customer's offer within five days,

 

    by sending the Customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), in which case the receipt of the confirmation of registration by the Customer shall be decisive, or

    by requesting payment from the customer after the customer has submitted his contractual declaration.

 

If several of the aforementioned alternatives exist, the contract shall be 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 shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent. In the case of a contract for participation in a live online course, this shall apply accordingly 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 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 Provider's website prior to sending the offer, the data on the ordered service shall be archived on the Provider's website and can be accessed by the Customer free of charge via its password-protected user account by providing the relevant login data.

 

3.5 Before 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.

 

3.6 Only the German language text governs the conclusion  of the contract.

 

3.7 The contacting of the provider for the contract execution is usually done by e-mail. The customer must ensure that the e-mail address provided by him 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.

4) Right of revocation

 

Further information on the right of revocation can be found in the provider's revocation policy.

5) Prices and Terms of Payment

 

5.1 The prices stated by the Provider are final prices. Sales tax is not shown, as the provider is a small business in the sense of the Tax Law.

 

5.2 Various payment options are available to the customer, which are indicated on the website of the provider.

 

5.3 In 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 funds by credit institutions (e.g. transfer fees, exchange rate fees).

 

5.4 When paying by means of a payment method offered by PayPal, the payment is processed by 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/ user agreement-full or - if the customer does not have a PayPal account - subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full .

 

5.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to reject this payment method in the event of a negative credit check.

6) Content of the services and teaching material

 

6.1 The Provider is the owner of all rights of use required to provide 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.

 

6.2 Any teaching material accompanying the performance (e.g. teaching documents) shall be provided to the Customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to be provided with the teaching material in physical form.

 

 

6.3 The 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 on which both parties are based. Without separate permission from 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.

7) Provision of digital content and granting of rights of use

 

7.1 Unless otherwise stated in the description  in the online store of the Entrepreneur, the Entrepreneur grants the Customer the non-exclusive right, unlimited in time and place, to use the contents for private and commercial purposes.

 

7.2 The provision of digital content in the form of recorded video material shall take 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 shall take place via provision for download.

 

7.3 The 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.

8) Liability for defects

 

The statutory liability for defects shall apply.

9) Liability

 

The provider is liable to the customer from all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

 

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

 

    in case of intent or gross negligence,

    in case of intentional or negligent injury to life, body or health,

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

    on the basis of mandatory liability such as under the Product Liability Act.

 

9.2 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 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 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.

 

9.3 In all other respects, liability on the part of the Provider is excluded.

 

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

10) Applicable Law

 

10.1 All 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

 

10.2 Furthermore, 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.

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 purchase or service contracts involving a consumer.

 

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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