General Terms and Conditions
§ 1 Scope of application, definitions(1) The following General Terms and Conditions are an integral part of the contractual agreements between the Participant and the language school elmatiz GmbH (in the following referred to as the Organizer) as represented on the website “www.elmatiz.com”. Any deliveries, services and offers of the Organizer shall only be made on the basis of these General Terms and Conditions.
(2) Any contrary general terms and conditions of the Participant or any third party shall not become part of the contract. This shall also apply in case the Organizer does not expressly exclude applicability of such terms and conditions in the individual case. In case the Organizer refers to a letter that includes or refers to the general terms and conditions of the Participant or any third party, this shall not represent any agreement to the applicability of such external general terms and conditions.
(3) The Participant is a private consumer, insofar as the purpose of the ordered deliveries and services cannot be allocated to his/her commercial activities and/or self-employment. Any physical or legal person or partnership with legal capacity that acts in his/her/its commercial activity or self-employment when concluding the contract shall be entrepreneur.
§ 2 Offer, conclusion of contract
(1) Any offers and price statements of the Organizer included in handouts, advertisements and on the website “www.elmatiz.com” shall be non-binding and subject to change until written order confirmation, unless expressly identified as binding offers and price statements. The training order shall only be effected by means of mutually signed contract or written order confirmation of the Organizer, and by the Organizer starting with contractual provision of services.
(2) 14 calendar days after sending, the Participant shall be bound to any declarations regarding conclusion of contracts. The Organizer shall be entitled to accept the offer within such period of time.
§ 3 Object of contract, scope of services
(1) ) The subject of these contractual conditions are the training offers listed on the website "www.elmatiz.de". The scope, type and quality of the training services shall be determined by the contract signed by both parties or the order confirmation of the organizer, otherwise by the offer of the organizer. Other details or requirements shall only become part of the contract if the contracting parties agree to this in writing or if the organiser has confirmed it in writing.
(2) The organizer is entitled to transfer its obligations to third parties or to engage subcontractors.
(3) The customer may cancel a lesson until 2 p.m. on the working day preceding the agreed lesson date.
If the cancellation takes place later than 2 p.m. on the working day preceding the agreed lesson and there is no important reason for this (e.g. an illness that prevents the customer from attending the lesson), the lesson shall be deemed to have been taken and the customer shall owe the agreed fee. Should the organizer be able to assign this lesson to a substitute customer, the organizer has to take into account what the organizer thereby acquires (or maliciously refrains from acquiring). The provisions of this subsection shall not apply if the customer and the teacher postpone an appointment by mutual agreement.
In the event of a cancellation less than two hours prior to the start of the lesson and in the event that the customer is not at the agreed location at the agreed time without a cancellation, the following shall apply: there must be an important reason for the late cancellation/non-appearance. However, the customer must also prove that it was impossible for him to inform the organiser more than two hours before the start of the lesson (e.g. in the case of an accident which occurred only one hour before the start of the lesson and which prevents the customer from taking part in the lesson). Otherwise the lesson shall be deemed taken and the customer shall owe the agreed fee.
(4) If the intended teacher is permanently absent for reasons for which the organizer is not responsible (e.g. due to illness of the teacher) without this having been foreseeable at the time of conclusion of the contract, the following shall apply: the organizer shall inform the customer immediately of the absenteeism and shall immediately seek a substitute teacher. The contractual obligations of both parties shall be suspended during the period of absence. If the organizer is unable to find a replacement within three months of becoming aware of the cancellation, the organizer and the customer are entitled to terminate the contract. Claims for damages due to the failure are excluded. The customer is entitled to terminate the contract in advance if continuation is unreasonable due to the cancellation. In the event of termination, the organizer shall reimburse the customer immediately for any fees already paid for hours not yet taken.
§ 4 Remuneration, payment terms
(1) Payment shall be made by means of bank transfer within 10 days after date of invoice. The date of receipt of the agreed amount in the account of the Organizer shall be decisive. Classes are starting after reception of the payment.
(2) The Participant shall only be entitled to set-off against receivables of the Organizer if the counterclaims were legally asserted or are undisputed. Furthermore, the Participant shall only be entitled to assert a right of retention if the counterclaim is based on the same training contract.
§ 5 Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform the Organizer
elmatiz GmbH
executive manager: Elizabeth Yomona Hernández
Tulpenweg 39
52222 Stolberg
Germany
Telefon: 0049 (0) 2402 9058301
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of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax 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 communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To elmatiz GmbH, executive manager: Elizabeth Yomona Hernández, Tulpenweg 39, 52222 Stolberg, Germany
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- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper),
- Date
______________
(*) Delete as appropriate.
§ 6 Term of contract, cancelation
If no fixed term is agreed, the training contract shall end with fulfillment of the agreed training services. The parties’ right to extraordinary cancelation shall remain unaffected.
§ 7 Liability
We are not liable for the simple negligent violation of obligations, which do not represent substantial contractual duties. Substantial contractual duties are obligations whose performance characterize the contract and that must be met to enable the contract to be executed properly. In case of simple negligent violation of obligations, which represent substantial contractual duties, our liability is limited to the damage that is typically to be expected. Liability for culpable injury to life, limb or health remains unaffected.
§ 8 Data protection
The contractual parties shall consider the respective data protection regulations. If the Organizer handles personal data, the Organizer shall only collect, process and use such data in accordance with § 11 para. 3 of the German Federal Data Protection Act, unless the Participant expressly agrees to further utilization of such data. The Organizer shall oblige herself to oblige her employees and subcontractors to comply with the data protection requirements as per § 5 of the German Federal Data Protection Act, provided that such obligation is not already in place.
§ 9 Final provisions
(1) The legal relations between the contractual parties shall only be governed by the law of the Federal Republic of Germany. If the Participant is an entrepreneur, a legal person of public law, or a public foundation, then Aachen shall be the only place of jurisdiction regarding any disputes resulting from or in connection with the legal relations between the Participant and the Organizer.
(2) If individual provisions of these General Terms and Conditions are or become invalid, then this shall not affect the effectiveness of the remaining provisions. The contractual parties shall oblige themselves to replace any invalid provision with a valid provision that comes closest to the economic meaning of the replaced provision. The same shall apply to unintended loopholes.