General Terms and Conditions
Table of Contents
- Scope of application
- Services offered by the provider
- Conclusion of contract
- Right to cancel
- Prices and terms of payment
- Failure to reach the minimum number of participants for online live courses
- Modification or cancellation of online live courses
- Content of services and teaching material
- Granting of rights to use digital content and provision of digital content
- Duration and termination of subscription contracts
- Liability for defects
- Liability
- Applicable Law
- Place of Jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter 'GTC’) der capacytor GmbH (hereinafter '’provider'’) apply to all contracts for participation in online live courses and the provision of digital content (hereinafter 'services’) that a consumer or trader (hereinafter '’client'’) concludes with the provider with regard to the services presented on the provider's website. The inclusion of the client's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A trader pursuant to 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.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.5 Depending on the service description of the provider, the subject of the contract can be both the one-off purchase of services and the permanent purchase of services (hereinafter 'subscription contract’). In the case of a subscription contract, the provider undertakes to provide the client with the contractually owed service for the duration of the agreed contract term.
2) Services offered by the provider
2.1 The provider offers digital content via his website. The subject matter of this content can be found in the respective service description on the provider's website.
2.2 To the extent that the provider conducts live online courses, he shall provide his services exclusively in electronic form via online video conference using appropriate technical means. The provider shall provide the client with suitable application software for this purpose before the start of a video conference. To ensure error-free participation in the online video conference, the client's system must fulfil certain minimum requirements, which are communicated to the client on the provider's website. The client is responsible for compliance with the system requirements. The provider is not liable for technical problems caused by inadequate system requirements on the part of the client.
2.3 The provider shall provide his services through qualified personnel selected by him. The provider may also utilise the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the provider's descriptions, the client has no claim to the selection of a specific person to provide the commissioned service.
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 a specific success. In particular, the provider does not guarantee that the client will achieve a specific learning success or that he 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.
2.5 The provider provides digital content in the form of reproducible video material exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the stream, the client's system must fulfil certain minimum requirements, which are communicated to the client on the provider's website. The client 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 client.
If the provider delivers other digital content that does not contain reproducible video material, it shall be delivered by making it available for download.
3) Conclusion of contract
3.1 The services 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 client.
3.2 The client can submit his offer via the online form provided on the provider's website. After entering his data in the form, the client submits a legally binding contractual offer regarding the selected service by clicking the button at the end of the registration process.
3.3 The provider can accept the client's offer within five days,
- by sending the client a written confirmation of registration or a confirmation of registration in text form (fax or email), whereby the receipt of the confirmation of registration with the client is decisive in this respect, or
- by requesting payment from the client after submission of the client's contractual declaration
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at when one of the aforementioned alternatives occurs first. If the provider does not accept the client's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the client is no longer bound by his declaration of intent. In the case of a contract for participation in a live online course, this applies accordingly if the course selected by the client begins before the expiry of the acceptance period and the provider does not accept the client'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 is saved by the provider after the contract is concluded and sent to the client in text form (e.g. e-mail, fax, or letter) after the offer has been sent. The provider will not disclose the text of the contract in any other form. If the client has set up a user account on the provider's website before sending the offer, the data on the ordered service is archived on the provider's website and can be accessed free of charge by the client via his password-protected user account by entering the corresponding login data.
3.5 Before submitting a binding offer via the online form, the client can correct his entries at any time 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 The German and the English language are exclusively available for the conclusion of the contract.
3.7 Before submitting a binding offer via the online form, the client can correct his entries at any time 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.
4) Right to cancel
Further information on the right of cancellation can be found in the provider's cancellation policy.
5) Prices and terms of payment
5.1 Unless otherwise stated in the provider's service descriptions, the prices quoted are total prices that include the statutory value added tax.
5.2 The prices quoted by the provider are total prices. VAT is not shown as the provider is a small business within the meaning of the German Value Added Tax Act (UStG).
5.3 Various payment options are available to the client, which are indicated on the provider's website.
5.4 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the provider is not responsible, and which are to be borne by the client. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
5.5 If payment is made using a payment method offered by PayPal, payment is 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 referred to as 'PayPal’), subject to the PayPal Terms of Use, available at https:// https://www.paypal.com
6) Failure to reach the minimum number of participants for online live courses
6.1 The provider may set a minimum number of participants for his online live courses. If a minimum number of participants is set, the provider shall expressly indicate this in the course description.
6.2 If the minimum number of participants is not reached, the provider may withdraw from the contract by giving notice to the client no later than seven days before the start of the course. If several services are subject of the contract, the cancellation by the provider in the aforementioned cases is limited to the service affected by the shortfall of the minimum number of participants ('partial cancellation’). The partial cancellation shall have no effect on the other agreed services. The provider shall notify the client of the cancellation immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course.
6.3 If the provider exercises his right of cancellation in accordance with the above clause, the client may demand participation in another online live course of at least equal value in case the provider is able to offer such a course from his programme at no extra charge to the client. The client must assert his request to the provider immediately upon receipt of the provider's declaration.
6.4 If the client does not exercise his right in accordance with the above section, the provider shall immediately refund the client any fee already paid for participation in the online live course concerned. The provider shall use the same means of payment that the client used for the original transaction, unless expressly agreed otherwise.
7) Modification or cancellation of online live courses
7.1 The provider reserves the right to change the time, instructor and/or content of the online live courses, if the change is reasonable for the client, considering the interests of the provider. Reasonable changes are only minor changes to services that have become necessary after conclusion of the contract and have not been caused by the provider in bad faith. The provider shall inform the client in good time in the event of a change in time, instructor and/or course content.
7.2 In the event of a significant change to the service, the client 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 his programme at no extra charge to the client.
7.3 If several services are subject of the contract, the cancellation by the client in the aforementioned cases is limited to the service affected by the change ('partial cancellation’). The partial cancellation shall have no effect on the other agreed services. The client may only withdraw from the entire contract if he has no interest in the other agreed services.
7.4 The client must assert his rights in accordance with the above section immediately after informing the provider about the change in service.
7.5 The provider is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor, subject to full reimbursement of any participation fee already paid. The provider will endeavour to find an alternative date if the online live course is cancelled.
8) Content of services and teaching material
8.1 The provider is the owner of all rights of use required to provide the services. This also applies regarding teaching materials that may be provided to the client in connection with the provision of services.
8.2 Any teaching material accompanying the service (e.g. teaching materials) shall be provided to the client exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the client is not entitled to receive the teaching material in physical form.
8.3 The client may only use the content of the services, including any teaching materials provided, to the extent required by the purpose of the contract as agreed by both parties. In particular, the client is not authorised to record the content of the services or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the provider's separate permission.
9) Granting of rights to use digital content and provision of digital content
9.1 Unless otherwise stated in the content description in the trader's online shop, the trader grants the client the non-exclusive right to use the content provided for private purposes only, with no restriction in terms of location or time.
9.2 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 transfer of other digital content that does not contain reproducible video material shall be made available for download.
9.3 The granting of rights shall only become effective once the client has paid the contractually owed remuneration in full. The provider may provisionally authorise the use of the contractual content even before this deadline. Such provisional authorisation does not constitute a transfer of rights.
10) Duration and termination of subscription contracts
10.1 The right to extraordinary termination 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, considering all circumstances of the individual case and weighing the interests of both parties.
10.2 Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation facility provided by the provider on his website (cancellation button).
10.3 Subscription contracts are concluded for an indefinite period and can be cancelled by the customer at any time without notice.
11) Liability for defects
The statutory liability for defects applies.
12) Liability
The provider shall be liable to the client for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
12.1 The provider shall be liable without limitation for any legal reason
- in the event of wilful intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- based on a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Act.
12.2 If the provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on its observance the client may regularly rely.
12.3 Any further liability of the provider is excluded.
12.4 The above liability provisions also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
13) Applicable Law
13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
13.2 The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
13.3 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
13.4 The law of the Kingdom of Belgium shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
13.5 The law of the Swiss Confederation shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
14) Place of Jurisdiction
14.1 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
14.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
15) Alternative dispute resolution
15.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
15.2 To settle disputes with the Seller out-of-court, the consumer may contact the following alternative dispute resolution entity/ies:
The Seller is obliged and he declares to attend a dispute settlement procedure before this/these alternative dispute resolution entity/ies.
Furthermore, the aforementioned online dispute resolution platform of the European commission may be used to resolve disputes.
15.3 The Seller is not obliged to use ADR entities to resolve disputes with consumers, but he is ready for this.
15.4 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
