General terms and conditions

Table of contents

1. Scope
2. Services of the provider
3. Conclusion of contract
4. Right of withdrawal
5. Prices and terms of payment
6. Contents of the services and teaching material
7. Liability for defects
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of SophiaMatrix UG (haftungsbeschränkt) (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 legal transaction for purposes that can predominantly be attributed 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 The Provider shall provide its services through qualified personnel selected by it. 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.

2.2 The provider renders its services with the utmost care and to the best of its knowledge and belief. However, the provider does not owe 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.

3) Formation of contract

3.1 The services described on the website of the provider do not represent binding offers on the part of the provider, but serve 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 website of the provider. 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. Furthermore, the customer can also submit the offer to the provider by telephone, fax, e-mail or post.

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 is decisive, or
• by requesting payment from the customer after the customer’s contractual declaration has been submitted.

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.

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 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 contract execution is usually made by e-mail. 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 revocation

Further information on the right of revocation can be found in the provider’s revocation 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 The customer has various payment options available, which are indicated on the website of the provider.

5.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.4 In the case of payment by means of a payment method offered by PayPal, the payment shall 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 and conditions of use, which can be viewed 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Contents of the services and teaching material

6.1 The Provider shall be the owner of all rights of use required for the provision of 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 performance (e.g. teaching documents) shall be provided to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.

6.3 The customer may only use the contents of the services, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the contents of the services or parts thereof or to reproduce, distribute or make publicly available 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 is liable for any legal reason without limitation

• in the event of intent or gross negligence,
• in case of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the provider negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. 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 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 Otherwise, any liability of the provider is excluded.

8.4 The above liability provisions shall 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall 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) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer’s place of business.

11) Alternative dispute resolution

11.1 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 involving a consumer.

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