Terms
General Terms and Conditions
Table of Contents
- Scope of application
- Services offered by the provider
- Conclusion of contract
- Right to cancel
- Prices and terms of payment
- Content of services and teaching material
- Granting of rights to use digital content and provision of digital content
- Liability for defects
- Liability
- Applicable Law
- Place of Jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter 'GTC’) der Quantum Trade Solutions GmbH (hereinafter '’provider'’) apply to all contracts for participation in online live courses and the provision of digital content (hereinafter 'services’) that a consumer or trader (hereinafter '’client'’) concludes with the provider with regard to the services presented on the provider's website. The inclusion of the client's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A trader pursuant to 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.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.4 Digital content within the meaning of these GTC is data that is created and provided in digital form.
2) Services offered by the provider
2.1 The provider offers digital content via his website. The subject matter of this content can be found in the respective service description on the provider's website.
2.2 The provider shall provide his services through qualified personnel selected by him. The provider may also utilise the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the provider's descriptions, the client has no claim to the selection of a specific person to provide the commissioned service.
2.3 The provider shall provide its services with the utmost 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 client will achieve a specific learning success or that he will achieve a specific performance target. This depends not least on the personal commitment and will of the client, over which the provider has no influence.
3) Conclusion of contract
3.1 The services 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 Client.
3.2 The client can submit his offer via the online form provided on the provider's website. After entering his data in the form, the client submits a legally binding contractual offer regarding the selected service by clicking the button at the end of the registration process.
3.3 The provider can accept the client's offer within five days,
- by sending the client a written confirmation of registration or a confirmation of registration in text form (fax or email), whereby the receipt of the confirmation of registration with the client is decisive in this respect, or
- by requesting payment from the client after submission of the client's contractual declaration
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at when one of the aforementioned alternatives occurs first. If the provider does not accept the client's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the client is no longer bound by his declaration of intent. In the case of a contract for participation in a live online course, this applies accordingly if the course selected by the client begins before the expiry of the acceptance period and the provider does not accept the client's offer at the latest 24 hours before the start 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 is saved by the provider after the contract is concluded and sent to the client in text form (e.g. e-mail, fax, or letter) after the offer has been sent. The provider will not disclose the text of the contract in any other form. If the client has set up a user account on the provider's website before sending the offer, the data on the ordered service is archived on the provider's website and can be accessed free of charge by the client via his password-protected user account by entering the corresponding login data.
3.5 Before submitting a binding offer via the online form, the client can correct his 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 English language is exclusively available for the conclusion of the contract.
3.7 Before submitting a binding offer via the online form, the client can correct his 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.
4) Right to cancel
Further information on the right of cancellation can be found in the provider's cancellation policy.
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 client, which are indicated on the provider's website.
5.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the provider is not responsible, and which are to be borne by the client. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
5.4 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 referred to as 'PayPal’), subject to the PayPal Terms of Use, available at https:// https://www.paypal.com
5.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
6) Content of services and teaching material
6.1 The provider is the owner of all rights of use required to provide the services. This also applies regarding teaching materials that may be provided to the client in connection with the provision of services.
6.2 Any teaching material accompanying the service (e.g. teaching materials) shall be provided to the client exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the client is not entitled to receive the teaching material in physical form.
6.3 The client may only use the content of the services, including any teaching materials provided, to the extent required by the purpose of the contract as agreed by both parties. In particular, the client is not authorised to record the content of the services or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the provider's separate permission.
7) Granting of rights to use digital content and provision of digital content
7.1 Unless otherwise stated in the content description in the trader's online shop, the trader grants the client the non-exclusive right to use the content provided for private purposes only, with no restriction in terms of location or time.
7.2 The provision of digital content in the form of recorded video material shall take place exclusively via the provision of an online video stream using appropriate technical means. The transfer of other digital content that does not contain reproducible video material shall be made available for download.
7.3 The granting of rights shall only become effective once the client has paid the contractually owed remuneration in full. The provider may provisionally authorise the use of the contractual content even before this deadline. Such provisional authorisation does not constitute a transfer of rights.
8) Liability for defects
The statutory liability for defects applies.
9) Liability
The provider shall be liable to the client for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
9.1 The Provider shall be liable without limitation for any legal reason
- in the event of wilful intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- based on a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
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 in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on its observance the Client may regularly rely.
9.3 Any further liability of the Provider 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 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.
10.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.
11) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
12) Alternative dispute resolution
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
