General terms and conditions of business
Table of contents
- Scope, definitions
- Services provided by the organizer
- Conclusion of contract
- Right of withdrawal for consumers
- Prices and payment terms
- Eligibility to participate, transfer of contract
- Falling below the minimum number of participants
- Change or cancellation of the event
- Course materials
- Liability
- Applicable law
- Alternative Dispute Resolution
1) Scope, definitions
1.1 These General Terms and Conditions (hereinafter "GTC") of Hussam Alkhodour, trading as "Alkhodour Enterprise" (hereinafter "Organizer"), apply to all contracts for participation in courses/seminars (hereinafter "Event") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Organizer regarding the events presented on the Organizer's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 For the purposes of these terms and conditions, an entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Services provided by the organizer
2.1 The organizer offers both online and in-person events. The content of the event is detailed in the respective course description on the organizer's website.
2.2 For online events, the organizer provides its services exclusively in electronic form via online video transmission using appropriate technical means. For this purpose, the organizer provides the customer with suitable application software before the start of a video transmission, and may also utilize third-party services for this purpose. For error-free participation in the online video transmission, the customer's system must meet certain minimum requirements, which are communicated to the customer on the organizer's website. The customer is responsible for ensuring that the system requirements are met. The organizer is not liable for technical problems resulting from the customer's system not meeting these requirements.
2.3 For in-person events, the organizer provides their services exclusively through personal contact with the customer and in premises selected by them. Unless otherwise stated in the organizer's course description, the customer has no right to choose a specific venue for the desired event.
2.4 The organizer provides its services through qualified personnel selected by it. The organizer may also utilize the services of third parties (subcontractors) who act on its behalf. Unless otherwise stated in the organizer's course description, the customer has no right to select a specific person to conduct the desired event.
2.5 The organizer performs its services with the utmost care and to the best of its knowledge and belief. However, the organizer does not guarantee any specific outcome. In particular, the organizer does not warrant that the customer will achieve a certain learning outcome or reach a specific performance goal. This depends, not least, on the customer's personal commitment and motivation, over which the organizer has no control.
3) Conclusion of contract
3.1 The events described on the organizer's website do not constitute binding offers from the organizer, but rather serve as an invitation to the customer to submit a binding offer.
3.2 The customer can submit their offer via the online registration form provided on the organizer's website. After entering their data into the registration form, the customer submits a legally binding offer to enter into a contract for the selected event by clicking the button that completes the registration process.
3.3 The organizer 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 email), whereby the receipt of the confirmation of registration by the customer is decisive, or
- by requesting payment from the customer after they have submitted their contractual declaration.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the organizer does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. The same applies if the event selected by the customer begins before the end of the acceptance period and the organizer does not accept the customer's offer at least 24 hours before the start of the event, unless otherwise agreed between the parties.
3.4 When registering via the organizer's website, the contract text is stored by the organizer after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The organizer will not make the contract text available in any other way.
3.5 Before submitting a binding offer via the organizer's online registration form, the customer can continuously correct his entries using the usual keyboard and mouse functions.
3.6 The German language is available for concluding the contract.
3.7 If the customer registers additional participants for an event, he undertakes to be responsible for the contractual obligations of all participants he has registered, provided he makes a corresponding declaration during registration.
4) Right of withdrawal for consumers
Consumers generally have a right of withdrawal. Further information regarding the right of withdrawal can be found in the organizer's cancellation policy.
Right of Withdrawal for Digital Content
For digital products (e.g. online courses or other digital content) that are not delivered on a physical medium, the right of withdrawal expires prematurely if:
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we begin performance of the contract after you have expressly agreed that we may begin performance before the end of the withdrawal period, and
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you have confirmed that you are aware that by giving your consent you lose your right of withdrawal once performance of the contract has begun (§ 356 (5) German Civil Code – BGB).
After access to the digital content has been granted, a return or refund is excluded.
5) Prices and payment terms
5.1 Unless otherwise stated in the organizer's offer, the prices quoted are total prices. No sales tax is charged, as the organizer is exempt from sales tax as a small business.
5.2 Costs for travel, accommodation and meals at in-person events are not included in the price and must be borne by the customer, unless otherwise stated in the course description provided by the organizer.
5.3 The payment options are communicated to the customer on the organizer's website.
5.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5.5 When paying with a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer
5.6 When selecting the payment method "Instant Bank Transfer," payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Instant Bank Transfer," the customer must have an online banking account enabled for "Instant Bank Transfer," authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna, and the customer's bank account is debited. Further information on the " Instant Bank Transfer" payment method can be found online at https://www.klarna.com/sofort/
5.7 When selecting credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller has authorized to collect payment on its behalf. PAYONE GmbH will debit the invoice amount from the customer's specified credit card account. The credit card will be charged immediately after the customer submits their order in the online shop. Even when credit card payment via PAYONE GmbH is selected, the seller remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellations, and refunds.
5.8 When selecting credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG will collect the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with legally binding effect. The credit card will be charged immediately after the customer submits the order in the online shop. Even when selecting credit card payment via secupay AG, the provider remains responsible for general customer inquiries, e.g., regarding returns, complaints, cancellations, and refunds.
5.9 When selecting credit card payment via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment.
6) Eligibility to participate, transfer of contract
6.1 Only the person named in the registration confirmation is eligible to participate. Transferring the registration to a third party is only possible with the organizer's consent.
6.2 If a third party enters into the contract between the customer and the organizer, he and the customer are jointly and severally liable to the organizer for the participation fee and any additional costs that may arise as a result of the third party's entry.
7) Failure to meet the minimum number of participants
7.1 The organizer may stipulate a minimum number of participants for their courses. If a minimum number of participants is stipulated, the organizer will explicitly state this in the course description.
7.2 If the minimum number of participants is not reached, the organizer may withdraw from the contract by notifying the customer no later than seven days before the course begins. The organizer will send the customer the notice of withdrawal immediately upon becoming aware that the minimum number of participants has not been reached, and no later than seven days before the course begins.
7.3 If the organizer exercises their right of withdrawal pursuant to the preceding clause, the customer may demand participation in another event of at least equivalent value, provided the organizer is able to offer such an event from their portfolio without additional cost to the customer. The customer must assert this demand immediately upon receipt of the organizer's notification.
7.4 If the customer does not exercise his right in accordance with the preceding paragraph, the organizer will promptly refund any participation fee already paid by the customer.
8) Changes to or cancellation of the event
8.1 The organizer reserves the right to change the time, location, instructor, and/or content of the event, provided that the change is reasonable for the customer, taking into account the organizer's interests. Only minor changes to the services that become necessary after the contract is concluded and were not brought about by the organizer in bad faith are considered reasonable. The organizer will inform the customer of any changes to the time, location, instructor, and/or content of the event in a timely manner.
8.2 In the event of a significant change in performance, the customer may withdraw from the contract free of charge or, alternatively, demand participation in another event of at least equivalent value, provided the organizer is able to offer such an event from its portfolio without additional cost to the customer.
8.3 The customer must assert the rights under the preceding paragraph immediately after being informed by the organizer about the change in services.
8.4 The organizer reserves the right to cancel the event at short notice for important reasons, such as force majeure or illness of the instructor, with a full refund of any participation fee already paid. In the event of cancellation, the organizer will endeavor to find a replacement date.
9) Course materials
9.1 The organizer holds all rights of use necessary for the execution of the event. This also applies to any documents that may be provided to the customer in connection with the event.
9.2 The customer may only use the event content, including any provided materials, to the extent necessary for the contractual purpose agreed upon by both parties. In particular, without the organizer's express permission, the customer is not entitled to record the event or any part thereof, or to reproduce, distribute, or make publicly available any materials.
9.3 For online events, course materials (e.g., documents) are provided to the customer exclusively in electronic form via email or download. Unless otherwise agreed, the customer has no right to receive the materials in physical form.
10) Liability
The organizer is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
10.1 The organizer is fully liable for any legal reason.
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- based on a guarantee promise, unless otherwise stipulated,
- due to mandatory liability, such as under the Product Liability Act.
10.2 If the organizer negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies as per the preceding clause. Material contractual obligations are those obligations that the contract imposes on the organizer according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper execution of the contract, and on the observance of which the customer may regularly rely.
10.3 Furthermore, the organizer accepts no liability.
10.4 The above liability provisions also apply with regard to the liability of the organizer for its vicarious agents and legal representatives.
11) Applicable Law
All legal relations between the parties are governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
12) Alternative Dispute Resolution
The organizer is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.