General Terms and Conditions
1. Scope of application
All services provided by Nicolas Graf, Web-Entwicklung. (hereinafter NG) to consumers are subject to these General Terms and Conditions (GTC).
These General Terms and Conditions apply to all legal transactions between the user and a consumer (in accordance with § 13 BGB, a "natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity").
2. Conclusion of contract
2.1 The customer must be 18 years of age or older
2.2 The presentation of the services on the website does not constitute a legally valid offer. The presentation merely invites the customer to make an offer.
2.3 By concluding the contract, you agree to receive your invoice electronically. You will receive electronic invoices by e-mail or via your customer account on the website.
2.4 By ordering a chargeable service, the registered customer enters into a contractual relationship with [name of company]. The user will be informed about the chargeable service and the terms of payment before the contractual relationship is concluded. The contractual relationship is concluded when the customer confirms the order and payment obligation by clicking on the button [e.g. "Order with obligation to pay"].
3. Description of the Scope of Services
Quotid provides language learning services, which include:
- Daily lessons tailored to the user's learning level.
- Generation of personalized lessons based on user input and progress.
- Features to save and practice vocabulary.
- An option for users to purchase credits for additional lesson generation.
These services are provided to support users in their language learning endeavors. The extent and availability of these services may vary and are subject to the terms and conditions outlined herein.
4. Terms of payment
4.1 Payment can be made by [payment methods].
4.2 The statutory value added tax and other price components are included in the prices shown. Shipping costs are not included in the displayed price and may be incurred additionally.
4.3 If the customer defaults on payment, the provider reserves the right to claim damages for default.
4.4 Unless otherwise stated in the service provider's offer, the prices quoted are total prices. The total prices quoted are in EURO and are gross prices including the statutory value added tax applicable on the day of invoicing.
5. Right of withdrawal
5.1 As a consumer, the participant is entitled to a fourteen-day right of withdrawal in accordance with the statutory provisions.
5.2 The right of withdrawal does not apply if the service provider has provided the service in full, the service provider has only started to provide the service after the participant has given their express consent and the participant has simultaneously confirmed that they are aware that they will lose their right of withdrawal if the service provider fulfills the contract in full. The declaration of consent to be provided reads: "I agree and expressly request that the service provider begins to perform the commissioned service before the end of the withdrawal period. Furthermore, I am aware that I will lose my right of withdrawal upon complete fulfillment of the contract by the service provider."
5.3 A right of withdrawal for consumers does not exist in accordance with § 312 g para. 2 sentence 1 no. 9 BGB for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.
5.4 In all other respects, the provisions set out in detail in the following withdrawal policy apply to the right of withdrawal:
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (company name, address, contact details) by means of a clear statement (e.g., a letter sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will 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 any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform 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.
Exclusions from the right of withdrawal
The right of withdrawal does not apply to the following contracts: Contracts for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period, in particular services in connection with shares, with units in open-ended investment funds within the meaning of Section 1. Paragraph 4 of the Capital Investment Code and with other tradable securities, foreign exchange, derivatives or money market instruments. Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision. The right of withdrawal does not apply to contracts where the consumer has expressly requested the trader to visit him in order to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit which the consumer has not expressly requested, or to goods delivered during the visit which are not necessarily required as spare parts for maintenance or repair. The right of revocation expires prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation if we fulfill the contract in full.
6. Change or Cancellation of the Service
In the event of a significant change to the service, the participant is entitled to withdraw from the contract free of charge or to demand participation in another, at least equivalent service from the service provider's program, if the service provider can offer such a service. The participant must assert these rights immediately after the service provider has announced the change to the service.
7. Liability
7.1 With respect to the services provided, the Service Provider, its legal representatives, and vicarious agents shall only be liable in cases of intent or gross negligence.
7.2 In the event of a breach of essential contractual obligations, liability shall also exist in cases of simple negligence, but shall be limited to foreseeable, contract-typical damage.
7.3 Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, and on which the participant may regularly rely (so-called cardinal obligations). Claims for damages due to injury to life, limb, or health, or under the Product Liability Act, are not limited by the above.
7.4 Any further liability on the part of the service provider is excluded.
8. Alternative Dispute Resolution
8.1 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.
8.2 We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board / universal arbitration board.
9. Data Protection
9.1 If personal data is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
9.2 We are not liable for any security gaps in the transmission of data on the Internet.
9.3 The user has the right to have data deleted.
9.4 You also have the right to obtain information from [name of company] about the data stored about you free of charge at any time.