1. Preamble
SD Schönes Deutsch e. U., FN 537749h, owner Sabine Erker BA, Mooslackengasse 17, 1190 Vienna, Austria (hereinafter the contractor) specialises in language coaching and foreign language training. The Contractor offers private lessons, hourly bundles, seminars and digital training tools for her clients.
The customers are consumers in the sense of section 1 Abs 1 Z 2 KSchG (Austrian customer protection act).
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.
2. Scope
All business relations between the Contractor and the Client shall be subject to these GTC in the version applicable at the time of conclusion of the transaction.
3. Conditions of use
In order to be able to obtain services and goods electronically from the contractor, the customer must register in the online shop if necessary. The customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He must treat his data confidentially and protect it from access by unauthorised persons. If the customer suspects misuse by third parties, he must inform the contractor immediately.
The customer shall refrain from all measures that could endanger or impair the technical provision of the online shop (including cyber attacks). Such behaviour will be legally prosecuted.
4. Offer and contractual conclusion
By clicking the button "Order subject to payment", the Customer submits a binding offer to conclude a contract with the Contractor. The Contractor is not obliged to accept this offer
The Contractor confirms receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer ("Order Confirmation"). This e-mail does not constitute acceptance of the offer by the Contractor. The Contractor may accept offers by confirming the purchase of the offer in another e-mail ("order confirmation") or by sending the ordered goods or services.
The service package selected by the Customer results from the selection on the Contractor's website.
5. Payment modalities
The prices listed in the goods shop are in EUR and include VAT, if applicable, as well as shipping costs, if applicable. It is pointed out that the contractor is exempt from VAT due to the small business regulation according to § 6 para. 1 no. 27 UstG . The amounts stated at the time of ordering shall apply in each case. The Contractor shall be responsible for setting the prices. The Contractor shall inform the Customer once again about the prices, taxes and shipping costs in the order summary before the order is completed.
Whether the payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between the contractor and the client.
Payment shall be made by bank transfer to the account specified by the Contractor.
The Contractor's claims shall become due on presentation of the invoice. If the claims are not paid within seven days, the Contractor shall charge 4% per year in statutory interest on arrears from the due date. A fee of EUR 25.00 per reminder may be charged for reminders. This is without prejudice to the Contractor's right to claim further damages.
6. seminars, private lessons, performance blocks and cancellation conditions
If the contractor offers services in "bundles" (e.g. 10 private lessons), the client has no right to withdraw from individual partial services from this block or to demand a partial fee back in the event that this bundle is not fully utilised or consumed. The contractor is entitled to invoice the total fee for the "bundle" once in advance. All units of a bundle must be consumed within one year of payment for the bundle.
In the case of agreed private lessons, the client has the right to cancel up to 12 hours before the agreed appointment without any payment obligations (cancellation fees). However, if the client cancels the agreed private lesson within 12 hours before the agreed appointment or wishes to postpone it at short notice, the contractor is entitled to the full fee for this appointment. This does not apply if the client can prove (e.g. by means of a medical certificate) that the appointment cannot be kept at short notice due to illness or force majeure and that it was not possible to inform the client of this circumstance at an earlier time.
Registration for seminars takes place online via the web shop and is binding. A separate registration is required for each participant. Rebooking for another seminar date is not possible. The seminar place is secured by timely receipt of payment. If the seminar fee is not received within 14 days of registration, the seminar place will be cancelled.
If the customer does not wish to participate in a seminar after all, he/she can either make use of his/her right of withdrawal within the meaning of point 8 or, after expiry of the withdrawal period, cancel the registration under the following conditions:
In order to be entitled to a refund of seminar fees, written notification must be given prior to the start of the seminar. The date of dispatch of the respective medium (e-mail, post) is deemed to be the date. Up to four weeks before the seminar date, 50% of the seminar fee will be retained, up to seven days before the seminar date 75% and if less than seven days before the seminar date 100%. Alternatively, the client may provide a substitute participant, in which case the cancellation fee is waived. In the event of non-attendance by a registered participant or premature cancellation by a registered participant, the full seminar fee will be retained.
The seminar may be cancelled if the minimum number of participants is not reached, in the event of illness or other circumstances that make it impossible for the contractor to hold the seminar. All payments already made will be refunded in full. Beyond this, there are no further claims for damages against the contractor.
The contractor reserves the right to exclude participants from further participation in a seminar if there are justified reasons for doing so. This includes gross negligence, improper or indecent behaviour. In these cases, the seminar fee will be retained in full and there is no entitlement to a refund.
7. Authorization to use the work
The contractor grants the customer the non-exclusive licence to use (within the meaning of Section 24 (1) first sentence UrhG) podcasts or other digital content that is protected by copyright exclusively for the contractual purposes (consumption). Accordingly, use of this content outside the contractual purposes is only permitted with the express consent of the contractor.
The contents of seminars and the scripts are intended exclusively for personal use in the course of the seminar. These contents may not be passed on to third parties or copied, distributed or modified for commercial purposes without the consent of the contractor.
Copyright notices affixed by the Contractor may not be removed.
8. Right to withdrawal pursuant to the Austrian FAGG
This right of withdrawal expressly does not apply with regard to goods and services that are produced according to customer specifications or are clearly tailored to personal needs (individual one-to-one training).
Furthermore, the right of withdrawal does not apply if the delivery of intangible digital content is made (i) with the express consent of the customer, combined with (ii) the customer's knowledge of the loss of the right of withdrawal in the event of early performance of the contract and (iii) after the provision of a contract copy or contract confirmation.
The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise the right of withdrawal, the Customer must inform the Contractor by means of a clear declaration (e.g. a letter or e-mail sent by post) of the decision to withdraw from this contract. The Customer may use the model withdrawal form, which is listed in Annex I B of the Distance and Outward Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be found on the Contractor's website.
Declarations of revocation are to be sent to the following address:
SD Schönes Deutsch e. U.
Owner: Sabine Erker,BA
Registered office: Mooslackengasse 17,1190 Vienna
Phone: +43 660 2197370
Email:office@schoenesdeutsch.at
Domain:www.schoenesdeutsch.at
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, a confirmation of receipt of such revocation will be sent to the customer. If the Customer revokes the contractual declaration or a contract that has already been concluded, the Contractor shall repay all payments that it has already received from the Customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the Customer has chosen a type of delivery other than the inexpensive standard delivery offered by the Contractor) without undue delay and at the latest within fourteen days from the day on which the Contractor received the notification of the revocation of this contract. For the repayment, the Contractor shall use the same means of payment that the Customer used for the original transaction.
The Client must return copyright-protected content to the Contractor's address or delete it without delay and in any case no later than fourteen days after the day on which the Client has informed the Contractor of the revocation of this contract. The deadline shall be deemed to have been met if the Customer sends the copyright-protected content before the expiry of the deadline of fourteen days and the Contractor confirms the deletion.
The customer shall bear the direct costs of the return shipment. If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary to check its condition, the customer shall be liable for this loss in value.
9. Performance interruptions
The contractor is not responsible if it cannot fulfil its obligations under the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunication services as well as due to force majeure. The customer must ensure that a suitable IT infrastructure (internet connection) is available to carry out online training.
10. Data protection
The contractor informs that photos may be taken in the course of seminars and that the participants may also be photographed. These photos may subsequently be published on the contractor's website and social media (e.g. Facebook or Instagram). Anyone who does not wish this can of course inform The Contractor . The processing of these photos may be based on consent (within the meaning of Art. 6 para. 1 lit a DSGVO) and can be revoked at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
The customer is entitled to object to the processing of his data for advertising purposes (Art 21 para 2 GDPR).
11 Liability and warranty
The liability of the contractor for slight negligence is excluded. Liability is generally limited to the order value of the goods and services previously purchased from the customer. This shall not apply in the event of intentional damage.
This limitation of liability does not apply with regard to personal injury and under the Product Liability Act.
12. relationship of subcontractors
The Contractor may use subcontractors for the performance of its obligations under this contract.
13. Amendments of the general terms and conditions
The Contractor shall be entitled to amend these Terms and Conditions at any time.The Contractor shall inform the Customer of such amendments by sending the amended Terms and Conditions to the e-mail address last notified to the Customer. A deterioration to the detriment of the customer cannot be agreed in this way.
14. Jurisdiction and Applicable law
This contractual relationship shall be governed by Austrian law, unless mandatory consumer law precludes this. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules is excluded. The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.
Referenceismade to thepossibility of dispute resolution via an online dispute resolution platform (Art 14 (1) sentence 1 ODR Regulation)(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The contractor is willing to participate in such a dispute resolution procedure.
15. Retention of title
The goods and services delivered by the Contractor shall remain the property of the Contractor until full payment of the remuneration.
16. Duration of the contractual relationship
The contractual relationship with the customer begins with the conclusion of the contract. If a one-off service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services. If a continuing obligation is owed, this can be cancelled with a fourteen-day period of notice to the last day of a month without giving reasons. This does not affect the right to extraordinary termination at any time.
17. Further issues
If any part of these terms and conditions is invalid, this shall not affect the validity of the remaining terms and conditions. The invalid condition shall be replaced by a valid condition that comes as close as possible to the economic intent of both contracting parties as discernible from the agreement.
Amendments to these terms and conditions as well as supplements thereto shall only be valid if agreed and signed in writing.
The Contractor recommends the Customer to save these GTC permanently.
(May 2021)
Imprint according to § 5 ECG, § 25 MedienG and § 14 UGB:
SD Schönes Deutsch e. U.
Owner: Sabine Erker, BA
Registered office: Mooslackengasse 17, 1190 Vienna
Phone: +43 660 2197370
Email: office@schoenesdeutsch.at
Domain: www.schoenesdeutsch.at
Company register number: SD Schönes Deutsch e. U.
FN 537749h
UID-Nr.: Exempt from VAT due to small business regulation according to § 6 Abs 1 Z 27 UstG
Commercial register court: Vienna Commercial Court
Member of: WKO Vienna
RIS-Justiz:https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517
Business: Language Teaching & Services
Reference is made to the possibility of dispute resolution via an online dispute resolution platform (Art. 14 para. 1 sentence 1 ODR Regulation)(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The contractor is willing to participate in such a dispute resolution procedure.
Page line according to § 25 Abs 4 MedienG: Reporting on topics related to successful communication
