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Table of contents
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Magdalena Kurpiewska, operating under the name “Po Polsku. Sprachtreffen Polnisch.” (hereinafter referred to as the “Entrepreneur”), apply to all contracts for the provision of digital content concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Entrepreneur with regard to the content described by the Entrepreneur in the online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 Depending on the description of the content provided by the Entrepreneur, the subject matter of the contract may be either a one-time provision of digital content or the regular provision of digital content (hereinafter referred to as the “Subscription Agreement”). In the case of a Subscription Agreement, the Entrepreneur undertakes to provide the Customer with the agreed digital content for the duration of the contract term, at the intervals specified in the contract.
2.1 The content described in the Entrepreneur’s online shop does not constitute a binding offer by the Entrepreneur but serves as an invitation for the Customer to submit a binding offer.
2.1 The content described in the Entrepreneur’s online shop does not constitute a binding offer by the Entrepreneur but serves as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Entrepreneur’s online shop. After placing the selected content in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the content contained in the shopping cart by clicking the button that completes the order process.
2.3 The Entrepreneur may accept the Customer’s offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (by fax or e-mail), whereby the receipt of the order confirmation by the Customer shall be decisive, or
by providing the Customer with the ordered content, or
by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract is concluded at the moment when one of these alternatives occurs first. The period for accepting the offer begins on the day after the Customer has sent the offer and ends at the end of the fifth day following the date of dispatch. If the Entrepreneur does not accept the Customer’s offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), under the application of 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 – under the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the order process.
2.5 When submitting an offer via the Entrepreneur’s online order form, the contract text is stored by the Entrepreneur after the conclusion of the contract and transmitted to the Customer in text form (e.g., by e-mail, fax, or letter) after the order has been sent. The Entrepreneur does not make the contract text available beyond this. If the Customer has created a user account in the Entrepreneur’s online shop before submitting the order, the order data will be archived on the Entrepreneur’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.
2.6 Before submitting a binding order via the Entrepreneur’s online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means to better detect input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and communication generally take place via e-mail and automated order handling. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Entrepreneur can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur to process the order can be delivered.
2.3 The Entrepreneur may accept the Customer’s offer within five days,
If several of the aforementioned alternatives apply, the contract is concluded at the moment when one of these alternatives occurs first. The period for accepting the offer begins on the day after the Customer has sent the offer and ends at the end of the fifth day following the date of dispatch. If the Entrepreneur does not accept the Customer’s offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), under the application of 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 – under the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the order process.
2.5 When submitting an offer via the Entrepreneur’s online order form, the contract text is stored by the Entrepreneur after the conclusion of the contract and transmitted to the Customer in text form (e.g., by e-mail, fax, or letter) after the order has been sent. The Entrepreneur does not make the contract text available beyond this. If the Customer has created a user account in the Entrepreneur’s online shop before submitting the order, the order data will be archived on the Entrepreneur’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.
2.6 Before submitting a binding order via the Entrepreneur’s online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. An effective technical means to better detect input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and communication generally take place via e-mail and automated order handling. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Entrepreneur can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur to process the order can be delivered.
Consumers are generally entitled to a right of withdrawal. Detailed information on the right of withdrawal can be found in the Entrepreneur’s withdrawal policy.
4.1 The prices stated by the Entrepreneur are total prices. No value-added tax (VAT) is charged, as the Entrepreneur is exempt from VAT as a small business owner.
4.2 In the case of payments made in countries outside the European Union, additional costs may arise in individual cases for which the Entrepreneur is not responsible and which must be borne by the Customer. These include, for example, fees for money transfers charged by banks (e.g., transfer fees, exchange rate fees).
4.3 The available payment methods are specified in the Entrepreneur’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the credit card payment method via Stripe is selected, the invoice amount becomes due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit assessment.
Digital content is provided to the Customer as follows:
6.1 Unless otherwise stated in the content description in the Entrepreneur’s online shop, the Entrepreneur grants the Customer a non-exclusive right to use the provided content for both private and commercial purposes.
6.2 The distribution of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted unless the Entrepreneur has agreed to the transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights becomes effective only after the Customer has paid the agreed remuneration in full. The Entrepreneur may permit the use of the contractual content on a provisional basis before this point in time. Such provisional permission does not constitute a transfer of rights.
7.1 Subscription contracts are concluded for an indefinite period and may be terminated by the Customer at the end of any month.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the end of a notice period.
7.3 Terminations may be made in writing, in text form (e.g., by e-mail), or in electronic form via the cancellation facility (“cancellation button”) provided by the Entrepreneur on their website.
The statutory liability for defects applies.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the provisions of international sales law for movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.
The Entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.