GENERAL TERMS AND CONDITIONS
WITH CUSTOMER INFORMATION

 

Scope of Application, Definitions

Services of the Provider
Conclusion of Contract
Right of withdrawal for Consumers
Prices and Terms of Payment
Eligibility to Participate, Transfer of Contract
Falling below the minimum Number of Participants
Change or Cancellation of the Event
Contract Term and Termination
Teaching Material
Liability
Alternative Dispute Resolution

 

 

1.1 These General Terms and Conditions (hereinafter "GTC") of SourceWeb International AG, trading as "SourceWeb International" (hereinafter "Provider"), apply to all contracts for participation in coaching sessions (hereinafter "Events") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider with regard to the Events presented on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

 

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

 

1.3 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, is acting in the exercise of their commercial or independent professional activity.

 

 

2.1 The provider only offers online events. The content of the event can be found in the respective description on the provider's website.

 

2.2 In the case of online events, the Provider shall provide its services exclusively in electronic form via video recordings and/or live calls using appropriate technical means. For this purpose, the Provider shall provide the Customer with suitable application software before the start of a video conference, whereby the Provider may also use the services of third parties for this purpose. For error-free participation in the online video conference, the customer's system must meet certain minimum requirements, which are 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 attributable to inadequate system requirements on the part of the customer.

 

2.3 The Provider shall provide its services using qualified personnel selected by it. The Provider may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the provider's description, the customer is not entitled to select a specific person to carry out the desired event.

 

2.4 The provider provides its services with the greatest 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 Customer will achieve a specific learning outcome or that the Customer will achieve a specific performance target. This depends not least on the personal commitment and will of the customer, over which the provider has no influence.

 

 

3.1 The events 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 customer.

 

3.2 The customer can submit his offer via the online registration form provided on the provider's website. After entering their data in the registration form, the customer submits a legally binding contractual offer in relation to the selected event by clicking the button that concludes the registration process.

 

3.3 The provider can 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 (e-mail), whereby the receipt of the confirmation of registration by the customer is decisive in this respect, or
by requesting payment from the customer after submission of the customer's contractual declaration.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. 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 is no longer bound by his declaration of intent. The same applies in the event that the event 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 event, unless otherwise agreed between the parties.

 

3.4 When registering via the provider's website, the text of the contract is saved by the provider after the contract is concluded and sent to the customer in text form (e.g. email or letter) after the order has been sent. The provider will not make the text of the contract available beyond this.

 

3.5 Before submitting a binding offer via the provider's online registration form, the customer can correct his entries at any time using the usual keyboard and mouse functions.

 

3.6 The German language is available for the conclusion of the contract.

 

 

4.1 Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the provider's withdrawal policy.

 

 

5.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us at 27 Old Gloucester Street, WC1N 3AX London, United Kingdom, e-mail: [email protected], of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

5.2 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.

 

5.3 The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started to execute the contract after you have expressly agreed that we start to execute the contract before the end of the withdrawal period and have confirmed your knowledge that you lose your right of withdrawal by agreeing to the start of the execution of the contract.

 

 

6.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us at 27 Old Gloucester Street, WC1N 3AX London, United Kingdom, e-mail: [email protected], of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

6.2 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.

 

 

7.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us at 27 Old Gloucester Street, WC1N 3AX London, United Kingdom, e-mail: [email protected], of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

 

7.2 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment.

 

7.3 If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

 

 

8.1 If you have concluded an installment payment agreement with us as a consumer (borrower), you have the following right of revocation: The borrower may revoke his contractual declaration within 14 days without giving reasons. The period begins after conclusion of the contract, but only after the borrower has received this revocation instruction on a durable medium. Timely dispatch of the revocation is sufficient to comply with the revocation period if the declaration is made on a durable medium (e.g. letter or e-mail). The revocation must be sent to: 27 Old Gloucester Street, WC1N 3AX London, United Kingdom, e-mail: [email protected].

Special features for other contracts. If the borrower cancels this loan agreement, he is also no longer bound by the agreement for the purchase of digital content or the agreement for the purchase of services (hereinafter referred to as the linked agreement). If the borrower has a right of revocation in relation to the linked contract, he is no longer bound by the loan agreement once he has effectively revoked the linked contract. The legal consequences of revocation are governed by the provisions of the linked contract and the revocation instructions issued for this purpose.

 

8.2 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

 

You bear the direct costs of returning the goods.

 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

 

8.3 The right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started to execute the contract after you have expressly agreed that we start to execute the contract before the end of the withdrawal period and have confirmed your knowledge that you lose your right of withdrawal by agreeing to the start of the execution of the contract.

 

 

9.1 (If you wish to withdraw from the contract, please complete and return this form).

 

9.2
27 Old Gloucester Street
WC1N 3AX London
United Kingdom
E-mail: [email protected]
1 I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service () 2 Ordered on ()/received on () 3 Name of the consumer(s) 4 Address of the consumer(s) 5 Signature of the consumer(s) (only for communication on paper) 6 Date(*) Please delete as appropriate

 

 

10.1 Unless otherwise stated in the supplier's offer, the prices quoted are total prices that include statutory VAT.

 

10.2 The payment options are communicated to the customer on the provider's website.

 

10.3 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

 

10.4 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: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

10.5 When paying by means of a payment method offered by Klarna, payment processing is carried out via the payment service provider Klarna Bank AB, Sveavägen 46, S-111 34 Stockholm (hereinafter: "Klarna"), subject to the Klarna Terms of Use, available at https://www.klarna.com/de/agb/. 

 

 

11.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the provider.

 

11.2 If a third party enters into the contract between the customer and the provider, he and the customer shall be jointly and severally liable to the provider for the participation fee and any additional costs incurred as a result of the entry of the third party.

 

 

12.1 The provider may specify a minimum number of participants for its coaching sessions. If a minimum number of participants is specified, the provider will expressly indicate this in the description.

 

12.2 If the minimum number of participants is not reached, the provider may withdraw from the contract by giving notice to the customer no later than seven days before the start of the coaching. The provider shall send the customer his declaration 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 coaching.

 

12.3 If the provider exercises its right of withdrawal in accordance with the above paragraph, the customer may demand participation in another event of at least equal value if the provider is in a position to offer such an event from its range at no extra cost to the customer. The customer must assert his request to the provider immediately upon receipt of the provider's declaration.

 

12.4 If the customer does not exercise his right in accordance with the above paragraph, the provider shall immediately refund any participation fee already paid to the customer.

 

 

13.1 The provider reserves the right to change the time, place, person of the coach and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the provider. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the provider in bad faith are reasonable. The Provider shall inform the Customer in good time in the event of a change to the time, location, person of the coach and/or content of the event.

 

13.2 In the event of a significant change in performance, the customer may withdraw from the contract free of charge or instead demand participation in another event of at least equal value if the provider is able to offer such an event from its range at no extra cost to the customer.

 

13.3 The customer must assert the rights in accordance with the above paragraph immediately after informing the provider of the change in service.

 

13.4 The provider is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the coach, against full reimbursement of any participation fee already paid. The provider will endeavor to find an alternative date if the event is cancelled.

 

 

14.1 The right of the Provider and the Customer to terminate the contract 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, taking into account all circumstances of the individual case and weighing the interests of both parties.

 

14.2 Cancellations must be made in writing or in text form (e.g. by e-mail).

 

 

15.1 The provider is the owner of all rights of use that are required to hold the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.

 

15.2 The customer may only use the content of the event, including any teaching materials provided, to the extent required by the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the provider's separate permission.

 

15.3 In the case of online events, the customer shall be provided with course-related teaching material (e.g. teaching materials) exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer is not entitled to receive the teaching material in physical form.

 

 

The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

 

16.1 The provider shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb 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.

 

16.2 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 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 on the observance of which the customer may regularly rely.

 

16.3 Any further liability of the provider is excluded.

 

16.4 The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

 

 

17.1 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 in which a consumer is involved.

 

17.2 The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

 

18.1 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions, unless the omission of individual clauses would place a contracting party at such an unreasonable disadvantage that it can no longer be reasonably expected to adhere to the contract.