TERMS AND CONDITIONS
General Terms and Conditions
Section 1 – Provider, inclusion by reference of the General Terms and Conditions
(1) The Provider and contracting party for the services presented on our website “https://horizontal.school” is MitOst e.V., Herzbergstraße 82-84, 10365 Berlin, Germany, phone +4915731761653, e-mail firstname.lastname@example.org (referred to hereinbelow as the “Provider”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Services offered and conclusion of contract
(1) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in English.
(2) The Provider is making a binding offer for providing the services presented on the website. By transmitting the order using the button “Place binding order” the Customer accepts the Provider’s offer. The Provider shall confirm the conclusion of the contract by e-mail (contract confirmation).
(3) Before finally placing the purchase order, the Customer is shown an overview of the data recorded for the order, including the essential characteristics of the services. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(4) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing. As the Customer cannot access the Provider’s data, it is the Customer’s responsibility to save the e-mail with the contract text for later reference.
Section 3 – Prices and payment
(1) All product prices are total prices. Prices include VAT.
(2) The Customer can use the following payment methods to pay for the purchase: Advance payment by bank transfer or PayPal.
(3) Where offered in particular cases in the booking process, you can alternatively pay by bank transfer on receipt of our invoice. If you have chosen this payment method, we will send you an invoice by e-mail immediately after conclusion of the contract. The payment is due within 7 days after receipt of the invoice. Please note that we will only provide our services once the invoice has been paid in full. Furthermore, we reserve the right to withdraw from the contract if you are in default of payment.
(4) The Provider shall only perform the service after the Customer has made the payment. For live sessions the Customer must have made the payment no later than the beginning of the booked event.
(5) For services provided towards customers outside the European Union, the Customer may be obliged to pay import tax to the local tax authority (“Reverse Charge”). The Provider has no means of influencing this local tax.
Section 4 – Online courses
(1) If the Customer books an online course, he/she will receive access details from the Provider by e-mail. The Customer must enter these access details at the beginning of the online course to be able to participate.
(2) It is the Customer`s responsibility to keep the access details protected from access by third parties. As soon as a third party uses these access details, the Customer can no longer participate himself/herself in the booked online course.
(3) Participation in an online course requires that the participant has an Internet-capable terminal and an Internet connection with a download bandwidth of at least 6 MBit/s. If it is an interactive live session, in which the participant wants to transmit the camera image and sound to the provider or other participants, the participant also needs a suitable webcam and microphone as well as an upload bandwidth of at least 6 MBit/s.
(4) The online courses are no distance learning in terms of § 1 FernUSG (German Distance Learning Act).
(5) Recording video and/or audio data of an online course is not permitted.
(6) If the Provider specifies in an offer description a minimum number of participants, the provider reserves the right to withdraw from a contract in case that the bookings of this offer do not reach the minimum number of participants. In this case, the Provider can withdraw from the contract until 18 o’clock on the day before the scheduled start and cancel the event. The cancellation notice will be sent by e-mail. The Provider shall reimburse already paid fees without delay.
Section 5 – Right of withdrawal for consumers
(1) A Customer ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his/her commercial or self-employed professional activity.
(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
(3) The details result from the withdrawal information.
Section 6 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 7 – Out-of-court Dispute Resolution
(1) For settling consumer disputes out-of-court, the European Union offers a platform for online dispute resolution (“ODR platform“) at ec.europa.eu/consumers/odr.
(2) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the Customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the Provider’s registered office shall be the exclusive place of jurisdiction.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.