1. Scope

1.1

These Terms and Conditions (hereinafter “T&C”) of Olga Kazanskaya (hereinafter “Provider”) apply to all contracts for participation in online live courses and for the provision of digital content (hereinafter “Services”) concluded between a consumer or entrepreneur (hereinafter “Customer”) and 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 excluded unless otherwise agreed.

1.2

An entrepreneur within the meaning of these T&C is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when concluding a legal transaction.

A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3

Digital content within the meaning of these T&C means data that is created and provided in digital form.

2. Services of the Provider

2.1

The Provider makes digital content available via the website. The subject matter of the relevant service is determined by the respective description on the Provider’s website.

2.2

The Provider performs the services through qualified personnel selected by the Provider. The Provider may also make use of third parties (subcontractors) acting on the Provider’s behalf. Unless otherwise stated in the Provider’s descriptions, the Customer is not entitled to demand performance by a specific individual.

2.3

The Provider performs the services with the greatest care and to the best of their knowledge and belief. However, the Provider does not owe any specific success. In particular, the Provider does not guarantee that the Customer will achieve a specific learning outcome or reach a specific performance objective. This depends in part on the Customer’s personal effort and commitment, over which the Provider has no control.

2.4

If the Provider supplies digital content in the form of reproducible video material, this is done exclusively through online video streaming using appropriate technical means.

Some recorded courses and related digital content may be delivered through the Provider’s official external course platform, Michel Garcia Tutorials, hosted on Thinkific.

For proper playback of streamed content, the Customer’s system must meet certain minimum technical requirements, which are communicated on the Provider’s website or on the relevant course platform. The Customer is responsible for meeting these system requirements. The Provider is not liable for technical problems resulting from insufficient system requirements on the Customer’s side.

Where the Provider supplies other digital content that does not consist of reproducible video material, delivery takes place by making the content available for download.

3. Conclusion of Contract

3.1

The services described on the Provider’s website do not constitute binding offers by the Provider, but serve to enable the Customer to submit a binding offer.

3.2

The Customer may submit an offer using the online form provided on the Provider’s website. After entering their details into the form and clicking the button that completes the registration process, the Customer submits a legally binding contractual offer relating to the selected service.

3.3

The Provider may accept the Customer’s offer within five days:

• by sending the Customer a written registration confirmation or a confirmation in text form (e.g. email), whereby receipt of the confirmation by the Customer is decisive; or

• by requesting payment from the Customer after the Customer has submitted the contractual declaration.

If several of the above alternatives apply, the contract is concluded at the time when the first of these alternatives occurs.

If the Provider does not accept the Customer’s offer within the above period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

In the case of a contract for participation in an online live course, the same applies if the course selected by the Customer begins before the expiry of the acceptance period and the Provider does not accept the Customer’s offer at least 24 hours before the course begins, unless otherwise agreed between the parties.

3.4

After the contract has been concluded, the contract text is stored by the Provider and sent to the Customer in text form (e.g. email) after the Customer’s offer has been submitted. The Provider does not make the contract text available beyond this.

If the Customer has created a user account on the Provider’s website before submitting the offer, the data relating to the booked service is archived on the Provider’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.

3.5

Before submitting a binding offer via the online form, the Customer can correct their entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed 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

The contract is concluded exclusively in the German language.

3.7

Contract-related communication by the Provider usually takes place by email. The Customer must ensure that the email address provided when submitting the offer is correct, so that emails sent by the Provider can be received at that address. In particular, if SPAM filters are used, the Customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider to process the contract can be delivered.

4. Right of Withdrawal

Detailed information on the right of withdrawal can be found in the Provider’s withdrawal policy.

5. Prices and Payment Conditions

5.1

The prices stated by the Provider are total prices. VAT is not shown, as the Provider qualifies as a small business under German VAT law.

5.2

The Customer has various payment options available, which are specified on the Provider’s website.

5.3

For payments in countries outside the European Union, additional costs may arise in individual cases for which the Provider is not responsible and which are to be borne by the Customer. These include, for example, transfer charges or exchange rate fees charged by banks.

5.4

If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use.

5.5

If payment by credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative result.

6. Service Content and Teaching Materials

6.1

The Provider owns all rights of use required for the performance of the services. This also applies to any teaching materials made available to the Customer in connection with the services.

6.2

Any accompanying teaching materials (e.g. course handouts) are provided exclusively in electronic form by email or by download. Unless otherwise agreed, the Customer is not entitled to receive teaching materials in physical form.

6.3

The Customer may use the service content, including any teaching materials provided, only to the extent necessary for the contractual purpose assumed by both parties. Without separate permission from the Provider, the Customer is in particular not entitled to record the service content or parts thereof, or to reproduce, distribute, or make teaching materials publicly available.

7. Provision of Digital Content and Granting of Rights of Use

7.1

Unless otherwise stated in the content description in the Provider’s online shop, the Provider grants the Customer a non-exclusive, geographically unlimited, and time-unlimited right to use the provided content for private and commercial purposes.

7.2

Recorded video content is provided exclusively via online video streaming using appropriate technical means. In particular, course access and recorded course delivery may be provided through the official external course platform Michel Garcia Tutorials, hosted on Thinkific.

Other digital content that does not consist of reproducible video material is provided by download.

7.3

The granting of rights becomes effective only once the Customer has paid the agreed remuneration in full. The Provider may permit use of the contractual content on a provisional basis before that time. Such provisional permission does not result in a transfer of rights.

8. Liability for Defects

The statutory provisions on liability for defects shall apply.

9. Liability

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

9.1

The Provider shall be fully liable on any legal ground:

• in cases of intent or gross negligence,

• in cases of intentional or negligent injury to life, body, or health,

• on the basis of a guarantee promise, unless otherwise regulated in this respect,

• in cases of mandatory liability, for example under the German Product Liability Act.

9.2

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 under the preceding clause.

Material 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 may regularly rely.

9.3

Otherwise, the Provider’s liability is excluded.

9.4

The above liability provisions also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.

10. Applicable Law

10.1

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2

Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at that time are outside the European Union.

11. Alternative Dispute Resolution

11.1

The EU Commission provides a platform for online dispute resolution at:
https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2

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