Webshop-Terms & Conditions

LAX VOX® Institute by Stephanie A. Kruse

General Terms and Conditions in the context of online teaching/training such as seminars, lectures, workshops, further training courses, which are offered via the platform www.laxvox- institute.eu

between

LAX VOX® Institute by Stephanie A. Kruse
Mrs. Stephanie A. Kruse, Undinestraße 2, 81927 München, E-Mail: welcome@laxvox-institute.eu
Phone: +49 (0) 89 – 125 089 63

– hereinafter referred to as “Provider

and
designated in § 2 of the contract – hereinafter referred to as “customer”.
be closed.

§ 1 Scope of application, definitions

(1) For the business relationship between the webshop provider (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his/her commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity 1 who, when concluding the contract, acts in the exercise of his or her commercial or self- employed professional activity.

§ 2 Conclusion of contract

The Customer can select products from the Provider’s range, in particular online teaching events such as training courses, lectures, workshops, courses, further training and collect them in a so-called shopping cart by clicking on the button “add to shopping cart”. By clicking the button “order with costs” he/she submits a binding application to order the service in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept GTC” button and has thereby included them in his/her application.

(2) The Supplier will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function via his/her e-mail provider. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is concluded only by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) will be sent to the customer by the supplier on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection laws.

(3) The contract shall be concluded in English.

(4) In the case of offers for which there is a minimum number of participants, the provider expressly reserves the right not to hold the event if the minimum number of participants is not reached.

(5) The contract is stored by the provider.

§ 3 Prices

All prices stated on the Provider’s website are inclusive of the applicable statutory value-added tax.

§ 4 Payment modalities

(1) The Customer shall pay the remuneration by bank transfer or Paypal.

(2) Payment of the remuneration shall be due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he/she shall pay the Provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(3) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by default by the supplier.

§5 Execution of Online Event

(1) Online events and services are carried out exclusively online. The execution takes place according to the respective offer description, whereby individual deviations remain reserved.

(2) There is no entitlement to a specific teacher for the course.

(3) If a minimum number of participants is planned for an event, the provider reserves the right to cancel the event if the minimum number of participants is not reached.

If the event cannot take place, an alternative date will be offered. If the customer is unable to attend the alternative date, the payment already made will be refunded.

§ 6 Personal responsibility of the customer

(1) The customer must create the necessary technical requirements (hardware and software) for participation in an online event himself/herself and bears the risk of any failures and/or malfunctions. The customer shall also bear the costs of the technical requirements, in particular the hardware 3 and software.

(2) The customer is responsible for the functionality, the operating risk and the costs of the Internet connection.

§ 7 Rules of Conduct – Duties of the Customer

(1) The following rules of conduct and obligations apply to participation in online events:
The customer can only participate in the online events as a single natural person. Therefore, an actual booking is a prerequisite for each participant to be entitled to participate in the online events. Companies or majorities of customers must therefore conclude a separate contract for each person.
Questions and requests to speak must be registered with the teacher using the chat function or voice instructions.
The teacher reserves the right to mute the customers during the offer, so that the smooth and technical process is guaranteed.
Recordings, whether digital or analogue, of the offers are prohibited. In case of violations, these violations can be prosecuted under civil law as well as under criminal law.
Insults to teachers and/or other customers are prohibited and may result in immediate exclusion from the event.

(2) The disclosure of access data (user name and password) to third parties is not permitted. The customer undertakes to use his/her access data only personally and to keep them secret. In the event of loss of the access data, the customer must notify the provider. At the request of the customer, new access data will be sent to him/her.

§ 8 Copyrights and trademark rights

(1) If documents and materials are made available or offered for download during the offer (videos, photos, scripts, podcasts, etc.), these are protected by copyright. Likewise, goods and/or services that are handed out as documents during the event may enjoy trademark protection.

(2) The use of the documents is only permitted for the purposes of the contract.

(3) The transfer to third parties is not permitted.

(4) If the event involves video courses or exercise videos that are purchased, transfer to third parties is not permitted. These videos also enjoy copyright protection.

§ 9 Termination

(1) The customer may terminate the contract. In the event of termination before the service has been rendered, the Provider shall claim compensation for loss in accordance with the following scale:

Cancellation up to 45 days before service 10 % of the remuneration
44 – 33 days before the start of the service 30 % of the remuneration
32 – 22 days before the start of the service 60 % of the remuneration
21 – 12 days before the start of the service 80 % of the remuneration
11 days before the beginning of the service – day of the service 90 % of the remuneration thereafter and in case of non-acceptance of the service 100 % of the remuneration.

(2) The Customer reserves the right to prove that the Provider has not suffered any damage or that the damage is significantly lower.

(3) If the subject of the contract is the purchase of a video, a cancellation is not possible.

§ 10 Cancellation policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the Supplier informs them of below in accordance with the statutory model. Paragraph (2) contains a sample cancellation form.
Consumers have a fourteen-day right of withdrawal.

CANCELLATION POLICY

Right of withdrawal

You have the right to cancel 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 withdrawal you must send a a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract to
LAX VOX® Institute by Stephanie A. Kruse Mrs. Stephanie A. Kruse, Undinestraße 2, 81927 Munich, Germany
e-mail: welcome@laxvox-institute.eu
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form, which is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must refund 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we 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 you have requested that the services begin during the withdrawal period, you must 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.

Special note
In the case of contracts for video downloads or instructional videos, the Customer’s right of revocation shall expire prematurely if the Provider has commenced the performance of its services with the Customer’s express consent before the end of the revocation period or if the Customer has arranged for this himself/herself. This is particularly the case if the customer has used his access data to gain access to the online version of a video or has made a download and retrieved content.

(2) The Provider informs about the model withdrawal form according to the legal regulation as follows:

Sample cancellation form

(If you wish to cancel the contract, please fill in and return this form).

To:

Ms. Stephanie A. Kruse, Undinestraße 2, 81927 Munich, Germany

e-mail: welcome@laxvox-institute.eu

– I/we (*) hereby revoke the contract concluded by me/us (*)

concerning the purchase of the following goods (*)/ the provision of the following services

Service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in the case of notification on paper)

– date

(*) Delete where inapplicable

§ 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer is making claims for damages arising from injury to life, body or health.

(3) The restrictions of paras. The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

§ 10 Final provisions

(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular the provisions of the German Civil Code, shall apply. of the state in which the customer has his habitual residence as a consumer shall remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points the legal regulations step, as far as available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

(as of 05.2021)