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General terms and conditions with customer information

Table of Contents

  1. scope of application
  2. services of the provider
  3. conclusion of contract
  4. right of revocation
  5. prices and terms of payment
  6. shortfall of the minimum number of participants for online live courses
  7. changes or cancellation of online live courses
  8. contents of the services and teaching material
  9. granting of rights of use to digital content and transfer
  10. liability for defects
  11. liability
  12. applicable law
  13. alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Karolien Notebaert, trading as “Notebaert Consulting” (hereinafter referred to as “Provider”), apply to all contracts for participation in online live courses and the provision of digital content (hereinafter referred to as “Services”), which a
consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Provider with regard to the Services presented on the Provider’s website. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 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, acts in the exercise of his commercial or independent professional activity. A consumer within the meaning of these GTC is any natural person who enters into a legaltransaction for purposes that are predominantly attributable neither to his commercial nor to his independent professional activity.

1.3 Digital content within the meaning of these GTC is data that is created and provided in digital form.

2) Services of the provider

2.1 On the one hand, the Provider conducts online live courses and, on the other hand, provides digital content via its website. The content of the online live courses and the subject matter of the digital content are set out in the respective service description on the Provider’s website.

2.2 Insofar as the Provider conducts online live courses, the provider provides its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Provider provides the Customer with suitable application software prior to the start of a video conference. For error- free participation in the online video conference, the Customer’s system must meet
certain minimum requirements, which shall be 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 due to inadequate system requirements at the customer.

2.3 The Provider provides its services through qualified personnel, selected by the Provider. In doing so, the Provider may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Provider’s descriptions, the Customer has no claim to the selection of a specific person to provide the commissioned service.

2.4 The Provider renders its services with the utmost care and to the best of its knowledge and belief. However, the Provider does not guarantee a certain success. In particular, the Provider does not guarantee that the Customer will achieve a certain learning success or that the Customer will reach a certain performance target. This depends not least on the personal commitment and will of the customer,
on which the provider has no influence.

2.5 The Services available on the Website do not contain professional, medical and/or psychological health advice. The online courses and workshops are for educational purposes only and are not intended as, and shall not be understood or construed as professional, medical and/or psychological health advice, diagnosis or treatment. Your use of the website, including your implementation of any suggestions provided by any of the individuals offering online courses or workshops do not replace a doctor-patient relationship or a professional-client relationship.

2.6 Insofar as the Provider provides digital content in the form of reproducible video material, this shall take place exclusively via the provision of an online video stream using appropriate technical means. For the proper reproduction of the stream, the Customer’s system must meet certain minimum requirements, which will be 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 due to inadequate system requirements at the side of the customer.

Insofar as the Provider delivers other digital content that does not contain reproducible video material, the delivery shall be made for download.

3) Conclusion of Contract

3.1 The services described on the website of the Provider do not constitute binding offers on the part of the Provider, but serve for the submission of a binding offer by the Customer.

3.2 The Customer may submit its offer via the online form provided on the Provider’s website. In doing so, the customer, after entering his data in the form, submits a legally binding contractual offer with regard to the selected service by clicking the button that concludes the registration process.

3.3 The Provider may 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 (fax or e-mail), in which case the receipt of the confirmation of registration by the customer shall be decisive, or
  • requesting payment from the customer after the customer’s contractualdeclaration has been. If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. 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 shall no longer be bound by its declaration of intent. In the case of a contract for participation in a live online course, this shall apply accordingly, in the event that the course selected by the customer begins prior to the expiration of the acceptance period and the provider does not accept the customer’s offer no later than 24 hours prior to the beginning of the course, unless otherwise agreed between the parties.

3.4 When submitting an offer via the Provider’s online form, the text of the contract shall be stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s offer has been sent. The Provider shall not make the text of the contract accessible beyond this. If the customer has set up a user account on the website of the provider
before sending the offer, the data on the ordered service will be archived on the website of the provider and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

3.5 Before the binding submission of the offer via the online form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

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

3.7 The contact of the Provider for the purpose of contract execution is usually made by e-mail. The customer shall ensure that the e-mail address provided by the customer when submitting the offer is correct so that e-mails sent by the Provider can be received at this address. In particular, when using filters, thecustomer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the contract can be delivered.

4) Rights of Revocation

Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:

4.1 Revocation policy (services and digital content)

4.1.1 Right of revocation

You have the right to revoke 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 revocation, you must inform us (Karolien Notebaert, Notebaert Consulting, Louis-Pasteur-Strasse, 74, 60439 Frankfurt am Main, Germany, Tel.: 015123569734, e-mail: karolien.notebaert@notebaert-
consulting.com) by means of a clear declaration (e.g. a letter or e-mail sent by post)
of your decision to withdraw from this contract.
You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the revocation period, it is sufficient that you send the notification of exercise of the right of revocation before the expiry of the revocation period.

4.1.2 Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable 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 revocation 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, in the case of contracts for services, you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify 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.

4.1.3 Exclusion or premature expiry of the right of revocation The right of revocation expires prematurely in the case of contracts for the provision of services if we have provided the service in full and we have only started to provide 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 revocation upon full performance of the contract by us.
The right of revocation expires prematurely in the case of contracts for the provision of digital content if we have commenced performance of the contract after you have expressly consented to our commencing performance of the contract before the expiry of the revocation period, you have confirmed to us that you are aware that you lose your right of revocation as a result of your consent upon commencement of performance of the contract, and we have provided you with a confirmation of the contract on a durable data medium in which the content of the contract, including the aforementioned conditions for the premature expiry of the right of revocation, is reproduced.

4.2 Revocation form
If you want to cancel the contract, please fill out this form and send it back.

To

Karolien Notebaert
Notebaert Consulting
Louis-Pasteur-Strasse, 74
60439 Frankfurt am Main
Germany
E-mail: info@humanbraindesign.com


I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the
following goods (*)/the provision of the following service (*)

_______________________________________________________

_______________________________________________________

ordered on (*) ____________ / received on (*) __________________

________________________________________________________
Name of the consumer(s)

________________________________________________________
Name of the consumer(s)

________________________________________________________
Signature of the consumer(s) (only in case of paper communication)

_________________________
Date


(*) Delete where inapplicable

5) Prices and terms of payment

5.1 Unless otherwise stated in the Provider’s service descriptions, the prices quoted are total prices that include the statutory value-added tax.

5.2 Various payment options are available to the Customer, which are indicated on the Provider’s website.

5.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Provider is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).

5.4 If payment is made using a payment method offered by PayPal, the payment will be 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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5.5 If the payment method “SOFORT” is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been
activated for participation in “SOFORT”, must identify himself accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction will be executed immediately afterwards by “SOFORT” and the customer’s bank account will be debited. More detailed information on the “SOFORT” payment method is available to the customer on the Internet at
https://www.klarna.com/sofort/.

6) Inability to reach the minimum number of participants for online live courses

6.1 The provider may determine a minimum number of participants for its online live courses. If a minimum number of participants is specified, the provider shall expressly indicate this in the course description.

6.2 If the minimum number of participants is not reached, the provider may withdraw from the contract at the latest seven days before the start of the course by declaring this to the customer. If several services are the subject of the contract, the withdrawal by the provider in the aforementioned cases is limited to the service affected by the shortfall of the minimum number of participants (“partial
withdrawal”). The partial withdrawal has no effect on the other agreed services. The provider shall send the customer his notice of withdrawal immediately afterbecoming aware that the number of participants has not been reached, but no later than seven days before the start of the course.

6.3 If the Provider makes use of its right of withdrawal in accordance with the above clause, the Customer may demand participation in another online live course of at least equal value if the Provider is able to offer such a course from its selection of courses at no extra charge to the Customer. The customer shall make his request to the Provider without undue delay after receipt of the Provider’s
declaration.

6.4 If the customer does not exercise his right in accordance with the above clause, the provider shall immediately refund to the customer any fee already paid for participation in the online live course concerned. In doing so, the Provider shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise.

7) Changes or cancellation of online live courses


7.1 The Provider reserves the right to change the time, instructor and/or content of the online live courses, provided that the change is reasonable for the Customer, taking into account the interests of the Provider. Reasonable are only insignificant service changes that become necessary after the conclusion of the contract and were not brought about by the provider against good faith. The Provider shall inform the Customer in good time in the event of a change in time, course instructor and/or course content.

7.2 In the event of a significant change in performance, the Customer may withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if the Provider is able to offer such a course from its range at no extra charge to the Customer.

7.3 If several services are the subject of the contract, the withdrawal by the customer in the aforementioned cases shall be limited to the service affected by the change (“partial withdrawal”). The partial withdrawal has no effect on the other agreed services. The customer may only withdraw from the entire contract if the customer has no interest in the remaining agreed services.

7.4 The customer asserts the rights pursuant to the above clause immediately after informing the Provider about the change in services.

7.5 The provider is entitled to cancel online live courses at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. In the event of cancellation of the online live course, the provider will endeavor to find a
replacement date.

8) Content of our services and learning materials


8.1 The provider is the owner of all rights of use that are required to provide the services. This also applies to training documents that may be made available to the customer in connection with the provision of services.

8.2 Any teaching material that accompanies the service (e.g. teaching documents) will only be made available to the customer in electronic form by e-mail or for download. Unless otherwise agreed, the customer has no right to receive the teaching material in physical form.

8.3 The customer may only use the content of the services, including any training documents provided, to the extent required by the contractual purpose on which both parties are based. In particular, the customer is not entitled to record the content of the services or parts thereof or to reproduce, distribute or make publicly accessible teaching documents without the provider’s separate permission.

9) Granting of rights of use to digital content and transfer


9.1 Digital content in the form of recorded video material is only provided by providing an online video stream using appropriate technical means.
Other digital content that does not contain reproducible video material is made available for download.

9.2 Unless otherwise stated in the content descriptions on the provider’s website,the provider grants the customer the non-exclusive, local and temporally unrestricted right to use the provided content exclusively for private purposes.

9.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The provider can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.

10) Liability for defects

The statutory liability for defects applies.


11) Liability

The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
11.1 The provider is fully liable 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,
• due to a guarantee promise, unless otherwise agreed in this regard,
• due to mandatory liability such as under the Product Liability Act.

11.2 If the provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless liability is unlimited 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 is essential for the proper execution of the contract and on the observance of which the
customer can regularly rely.

11.3 Apart from that, liability on the part of the provider is excluded.

11.4 The above liability regulations also apply to the liability of the provider for his vicarious agents and legal representatives.

12) Applicable law and jurisdiction


12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12.2 Furthermore, this choice of law with respect to the statutory right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

13) Alternative dispute resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet under 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.

13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.