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 cancellation
5. Prices and terms of payment
6. Contents of the services and teaching material
7. Liability for defects
8. Liability for defects
9. Applicable law
10. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Silke Kunath, acting under "Blockfloetenshop.de" (hereinafter "Provider"), apply to all contracts for participation in online live courses and the provision of digital content (hereinafter "Services") that a consumer or entrepreneur (hereinafter "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 rejected, 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 that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A consumer within the meaning of these GTC 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 GTC is data that is created and provided in digital form.

2) Services of the provider

2.1 The Provider organises live online courses and provides digital content via its website. The content of the live online 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 live online courses, it shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Provider shall provide the Customer with suitable application software before the start of a video conference. For error-free participation in the online video conference, the customer's system must fulfil certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for complying with the system requirements. The Provider shall not be liable for technical problems that are attributable to inadequate system requirements on the part of the Customer.

2.3 The Provider shall provide its services using qualified personnel selected by it. The Provider may also utilise the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the Provider's descriptions, the Customer shall not be entitled to select a specific person to provide the commissioned service.

2.4 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 any specific success. In particular, the Provider does not guarantee that the Customer will achieve a specific learning outcome or that the Customer will achieve a specific performance target. This depends not least on the personal commitment and will of the customer, over which the provider has no influence.

2.5 Insofar as the Provider provides digital content in the form of reproducible video material, this is done 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 fulfil certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for complying with the system requirements. The provider is not liable for technical problems that are attributable to inadequate system requirements on the part of the customer.

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

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 Customer.

3.2 The customer can submit his offer via the online form provided on the provider's website. After entering their data in the form, the customer submits a legally binding contractual offer for the selected service by clicking the button at the end of the registration process. Furthermore, the customer can also submit the offer to the provider by telephone, fax, e-mail or post.

3.3 The provider can 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), whereby the receipt of the confirmation of registration by the customer is decisive in this respect, or
• by requesting payment from the customer after submission of the customer's contractual declaration

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which 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 is no longer bound by his 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 before the expiry of the acceptance period and the provider does not accept the customer'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 has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer has sent their offer. The provider will not make the text of the contract available beyond this. If the customer has set up a user account on the provider's website before sending the offer, the data on the ordered service shall be archived on the provider's website and can be accessed by the customer free of charge via the customer's password-protected user account by entering the corresponding login data.

3.5 Before submitting a binding offer via the online form, the customer 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 German language is available for the conclusion of the contract.

3.7 The provider usually contacts the customer by email to process the contract. The customer must ensure that the e-mail address provided by him when submitting the offer is correct so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer 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) Right of cancellation

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 statutory VAT.

5.2 Various payment options are available to the customer, which are indicated on the provider's website.

5.3 For 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 money by credit institutions (e.g. transfer fees, exchange rate fees).

5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5.5 If a payment method offered via the "mollie" payment service is selected, payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com /en /.

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

5.7 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimise themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately executed by "SOFORT" and the customer's bank account is debited. The customer can find more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com /sofort /.

6) Contents of the services and teaching material

6.1 The Provider is the owner of all rights of use required to provide the services. This also applies with regard to teaching materials that may be provided to the customer in connection with the provision of services.

6.2 Any teaching material accompanying the service (e.g. teaching materials) shall be provided to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer is not entitled to receive the teaching material in physical form.

6.3 The customer 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 customer 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 separate permission of the provider.

7) Liability for defects

The statutory liability for defects shall apply.

8) Liability

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

8.1 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,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability such as under the Product Liability Act.

8.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of 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 in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 Any further liability of the Provider is excluded.

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

9) Applicable law

9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

9.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at 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.

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