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General Terms and Conditions (GTC)
The following terms and conditions apply to the participation in all lessons offered by me, Pablo Poch Parramon, Von-der-Kuhlen-Straße 15, 58642 Iserlohn (hereinafter: “Provider”) online and offline as well as to the purchase and relationship merchandise items. Deviating general terms and conditions of the participant (hereinafter: “Participant” or “Customer”) are rejected.
The GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.
General Terms and Conditions for Personal Lessons
1. Offer and conclusion of contract
The contract is concluded by the participant’s order via the website, by e-mail or telephone and written confirmation by the provider. The online registration is also valid without signature. Registrations will be considered in the order in which they are received. If a registration cannot be considered, this will be communicated immediately.
The provider can accept the offer within five (5) days by sending a registration confirmation with a separate e-mail. The period for accepting the offer begins on the day after the offer is sent and ends at the end of the fifth (5th) day following the sending of the offer.
The contract text with the registration and the content is stored by the provider and will be sent to the participant upon request.
For the conclusion of the contract the German as well as the English language is available.
2. Terms of payment
The lessons are offered at the following prices:
1x 45 minutes: 59,99€
10x 60 minutes: 799,99€
The prices do not include VAT, as the provider is allowed to work with the small business regulation.
The participant is obliged to pay the lesson fee before the beginning of the lesson, unless otherwise expressly agreed.
Invoices are to be paid immediately after receipt. The participant is in default of payment at the latest 30 days after the due date. This applies to a participant who is a consumer only if this legal consequence has been expressly pointed out in the invoice.
3. Withdrawal from the contract
Withdrawal from the contract is only possible for both parties if a legal right of withdrawal exists.
Irrespective of this, consumers shall have a right of withdrawal in accordance with Section 4.
4. Right of withdrawal regarding the lessons
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must contact me Pablo Poch Parramon, Von-der-Kuhlen-Straße 15
58642 Iserlohn, phone: 0175-5197638, e-mail: firstname.lastname@example.org about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you cancel this contract, I have to repay you all payments that I have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the service should begin during the cancellation period, you must pay me a reasonable amount that corresponds to the proportion of the services already provided up to the time at which you notify me of the exercise of the right of cancellation with regard to this contract, compared to the total scope of the services provided for in the contract.
Your right of withdrawal will expire prematurely if I have fully performed the service and have only started to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of withdrawal upon full performance of the contract by me.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it to: Pablo Poch Parramon, Von-der-Kuhlen-Straße 15, 58642 Iserlohn or by e-mail to: email@example.com
(contract number/specification of service) ordered on [*]/received on [*]
First and last name
Zip code, city Phone number
* Please delete where inapplicable
– End of cancellation policy –
5. Cancellations and postponements of lessons
The fixed dates are binding. If the participant cancels a lesson, e.g. because he cannot attend due to illness, he has no right to make up the lesson.
In the event of cancellation by the provider, the participant will be reimbursed for the lesson or offered a make-up lesson at the provider’s discretion. Further claims of the participant do not exist.
A postponement of lessons is generally not possible.
A liability is excluded, unless according to the product liability law, due to intent, gross negligence, due to injury to life, body or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect or due to the violation of essential contractual obligations mandatory liability. Material contractual obligations are obligations which protect the legal positions of the contractual partner which are material to the contract and which the contract is intended to grant to the contractual partner in accordance with its content and purpose. Furthermore, material contractual obligations are obligations the fulfillment of which makes the proper performance of a contract possible in the first place and compliance with which the contracting parties may regularly rely on. Damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, except in cases of intent or gross negligence.
The provider is not liable for a specific success to be achieved through participation in the lessons.
The provider is not liable for missing or insufficient equipment as well as an interrupted internet connection and other problems that are beyond the provider’s control (force majeure, fault of third parties, etc.). The provider is also not liable for errors in technical devices, equipment or software of the participant as a result of applications of programs, software, apps, etc., which have been installed on devices of the participant for the implementation of online lessons, downloaded by the participant or otherwise reached devices of the participant.
All teaching and learning materials are protected by copyright, both verbally and in writing. It is not permitted to make them available to third parties, either in return for payment or free of charge – not even in modified form. The production or publication of audio or visual recordings of the lessons is not permitted.
8. Data protection
The collection and processing of personal data in the context of booking and offering lessons is based on Art. 1 para. 1 lit.b DSGVO to fulfill the contractual obligation. When using external providers, such as SKYPE or Facebook, personal data is collected by these providers. In this respect, the respective data protection provisions of the provider apply (Skype: https://support.skype.com/de/skype/all/privacy-security/; Facebook: https://www.facebook.com/policy.php).
9. Information on online dispute resolution
The EU Commission provides on the website http://ec.europa.eu/consumers/odr/ the possibility to conduct a complaint procedure for online dispute resolution for consumers (OS).
The provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
10. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply if the participant has his habitual residence in Germany or his habitual residence is in a country that is not a member of the European Union. In the event that the participant has his habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which the participant has his habitual residence shall remain unaffected.
The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for our place of business.
Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTC. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.
Status: December 16, 2021