Terms and conditions

Last updated: July 16, 2023

1. Scope

1.1 These General Terms and Conditions (GTC) apply to all contracts, services and offers concluded by means of distance selling or electronic commerce.

1.2 A consumer as defined by law is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur within the meaning of these General Terms and Conditions of Business 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 self-employed professional activity. If a company is specified as a customer when the contract is concluded, it shall become the Provider’s contractual partner as an entrepreneur.

1.3 The operator of the online store (“Provider”) is: Sandy Dähnert with registered office in Cologne, Germany. Postal address: Subbelrather Str. 304, 50825 Cologne, Germany.

1.4 The terms and conditions regulate the details of the contract and at the same time contain important information in the legally relevant version. Information on the statutory right of withdrawal can be found below in section 8.

2. Services of the Provider

2.1 On the one hand, the Provider holds live online courses and, on the other hand, delivers digital content via its website. The content of the online live 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 holds online live 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 information on suitable application software prior to the start of a video conference. For error-free participation in the online video conference, the Customer’s system must meet certain minimum requirements, which are communicated to the Customer on the Provider’s website. The customer is responsible for compliance with the system requirements. The Provider shall not be liable for technical problems that are due to inadequate system requirements at the Customer. The amount and duration of the online live meetings are stated in the course information material.

2.3 Insofar as the Provider offers online courses including an online program area and if not stated otherwise, it shall provide access to this online program area for as long as the program area exists. In the event that the Provider intends to close the online program area, it shall provide customers with a 30-day notice and the ability to download the core resources contained in the online program area.

2.4 From time to time, the Provider will offer bonuses to individuals who sign up for the specific programs. The customer shall be entitled to any bonuses offered at the time of the enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.

2.5 The Provider shall render its services with the utmost care and to the best of its knowledge and belief.

2.6 Any and all forward-looking statements here or on any of the sales material are intended to express the opinion of potentials. Many factors will be important in determining the Customer’s actual results and no guarantees are made that the Customer will achieve results similar to those mentioned, in fact no guarantees are made that the Customer will achieve any results from the given ideas and techniques in the material.

3. Conclusion of Contract, Order Processing, Customer Account

3.1 The services described on the website of the Provider do not constitute binding offers on the part of the Provider, but serve for the submission of a binding offer by the Customer.

3.2 The Customer may submit its offer via the online form provided on the Provider’s website. 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, e-mail or post.

3.3 During the ordering process, the Customer has the opportunity to correct the entries made. Before the order process is completed, the Customer has the opportunity to check their information. The Customer remains bound to the order for five days, i.e. the contract is binding if the Provider accepts the Customer’s order within this period.

3.4 The Provider may accept the Customer’s offer within five days. In the case of acceptance, the Provider sends an order confirmation by e-mail and the contract is binding according to these terms and conditions. As soon as the invoice amount of the order has been properly paid, the Provider shall arrange for the delivery of the product in accordance with the agreed method of dispatch (e-mail link, download).

3.5 The contract shall be concluded in English. The contract text (order confirmation and invoice) is stored by the Provider in compliance with data protection and sent to the Customer by e-mail.

3.6 The Provider will contact the Customer by e-mail and automated order processing. The Customer ensures that the e-mail address entered by him is correct. 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. Prices, shipping conditions

4.1 The prices stated in the online store of the Provider at the time of the order shall apply. They are quoted in EURO.

4.2 The delivery works according to the conditions and costs listed in the online store. Currently, there is the possibility of free delivery by providing digital goods in electronic form, in particular for downloading, storing and then making visible or already during the download in real time (streaming).

4.3 The digital goods are delivered to the Customer in electronic form either as a download or per access link.

5. Terms of payment

5.1 The payment of the price (invoice amount) is made in accordance with the selection options specified by the Provider under the heading “Payment information”.

5.2 The invoice amount is due and payable immediately upon conclusion of the contract.
For this purpose, as well as for further questions on the subject of data protection, you can contact the Provider at any time at the address given in the imprint.

5.3 If the Customer elects a payment plan, he hereby authorizes the Provider to charge the respective payment automatically according to the payment plan selected at the time of checkout. In the event of a payment failure for which the Customer is responsible, the Provider shall immediately suspend access to the program until the account is paid up to date.

5.4 If the payment fails for reasons for which the Customer is responsible (e.g. incorrect entry of the account number, insufficient funds, unauthorized chargeback initiated by the Customer), the Customer must reimburse the Provider for the costs incurred as a result. The Provider reserves the right to repeat the failed debit at their expense or to refuse the payment method used by the Customer that failed (unless there is no objective justification for the latter). In the latter case, the other payment methods are available to the Customer.

6. Copyright / Rights of use

6.1 Upon conclusion of the contract, the Customer is granted the non-exclusive, non-transferable, spatially and temporally unrestricted right of use. The Customer does not acquire ownership. A transfer of the content to third parties, as well as a reproduction for third parties is not permitted, unless permission has been granted by the Provider.

6.2 For the use of the course materials, workbooks, templates, graphics, logos and e-books, the following special provisions apply:

6.2.1 Design templates (“Templates”)

(i) Bought Templates are protected by copyright. The individual templates are copyrighted works (§ 2 UrhG). The Customer is entitled to use the templates to the commercial extent necessary for its needs, in particular it is entitled to reproduce, edit, distribute and publicly reproduce the templates or parts thereof.

(ii) The Customer shall be entitled to download the templates and/or parts thereof or working aids into its working memory for the purpose of processing.

(iii) The Customer undertakes to use the templates only for its own commercial purposes and not to provide third parties with separate access to the templates, either free of charge or against payment. The templates may only be used by one person per license (named user).

6.2.2 E-Workbooks & Online Courses
(i) The content distributed by the Provider in the form of e-workbooks, graphics and online courses is protected by copyright and is intended exclusively for purchase for personal use as an individual user. The Customer undertakes to recognize and comply with the copyrights. The Customer may download or stream the purchased e-workbook and the online course to a terminal device of his/her choice and transfer them to up to five different other terminal devices. The Customer may save downloaded files on his/her individual end devices. The Customer may make the e-workbook visible on the end devices as often as desired. Any further use of the e-workbook is only permitted with the express consent of the Provider.

(ii) The transfer, processing, duplication or reproduction, distribution, publication and making available to the public, either in full or in part, regardless of whether in digital form, by remote data transmission or in analog form, is not permitted.

(iii) The Customer hereby agrees that any infringement of the Provider’s intellectual property shall result in an immediate termination of the license granted hereunder. The Customer is not entitled to a refund of any portion of the fees.

7. Certificates

7.1 In some online programs the possibility of obtaining a certificate is given. If this is the case, it will be explicitly mentioned in the information material.

7.2 The certificate is issued when the following criteria are met:

(i) The Customer submits all assignments given during the course. The tasks are evaluated by the course instructor. The tasks are explained in the course material.

(ii) The Customer demonstrates sufficient understanding of the course content. The evaluation of the understanding is carried out by the course instructor.

8. Changes to or cancellation of online live courses

8.1 The Provider reserves the right to change the time, instructor and/or content of the online live courses, provided that the change is reasonable for the Customer, taking into account the interests of the Provider. Reasonable are only insignificant service changes that become necessary after the conclusion of the contract and were not brought about by the Provider against good faith. The Provider shall inform the Customer in good time in the event of a change in time, course instructor and/or course content.

8.2 In the event of a significant change in services, the Customer may withdraw from the contract free of charge or instead request participation in another online live course of at least equal value if the Provider is able to offer such a course from its range of services at no extra charge to the Customer.

8.3 If several services are the subject of the contract, the withdrawal by the Customer in the aforementioned cases shall be limited to the service affected by the change (“partial withdrawal”). The partial withdrawal shall have no effect on the other agreed services. The Customer may only withdraw from the entire contract if he has no interest in the remaining agreed services.

8.4 The Customer shall assert the rights pursuant to the above section immediately after informing the Provider about the change in services.

8.5 The Provider is entitled to cancel live meetings included in an online course at short notice for important reasons, such as force majeure, illness of the course instructor or other circumstances for which the organizer is not directly responsible. The Provider will endeavor to find a replacement date if the online live meeting got cancelled. If the Provider cannot find a reasonable replacement date, the Customer can claim partial reimbursement of any participation fee already paid.

9. Right of revocation and exceptions

9.1 Consumers have a statutory right of revocation when concluding a contract exclusively using means of distance communication, which we inform about in accordance with the legal model below.

Revocation instruction

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Sandy Dähnert, Subbelrather Str. 304, 50825 Cologne, Germany, hello@greentheweb.com) of your decision to withdraw from this contract by means of an unequivocal declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, which is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out and return this form).
To: Sandy Dähnert, Subbelrather Str. 304, 50825 Cologne, Germany, hello@greentheweb.com

Hereby I/we () revoke the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()

Ordered on () / received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of communication on paper)

Date

(*) Delete as applicable.

9.2 Our goods in the online store may include digital services. Digital services are delivered directly after the order to your e-mail address by providing them in electronic form. The right of withdrawal shall expire in the case of a contract for the delivery by provision of digital content not on a physical data carrier when we have commenced performance of the contract (i.e., in practice, with data transmission) after the Customer has expressly consented to our commencing performance of the contract prior to the expiry of the withdrawal period and has confirmed his knowledge that by his consent he waives his right of withdrawal upon commencement of performance of the contract.

10. Liability for defects and damages

10.1 The Provider’s liability for defects and damages shall be governed by the statutory provisions, unless otherwise provided below.

10.2 For Customers, the following shall apply: The Provider reserves the right to make changes to the product that go beyond what is necessary to maintain conformity with the contract if there is a good reason for doing so. In such a case, the Provider shall inform the Customer separately.

10.3 The Provider shall be liable for breaches of duty – irrespective of the legal grounds – within the scope of the liability for damages for intent and gross negligence. For the negligent breach of obligations, the Provider shall only be liable for damages resulting from injury to life, body or health and for damages resulting from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which a Customer regularly relies. In the latter case, however, the Provider shall only be liable for the foreseeable damage typical for the contract.

10.4 The Provider shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences. Liability under the Product Liability Act remains unaffected.

10.5 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, the Provider shall not be liable for this constant and uninterrupted availability of the online system.

10.6 The Provider shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Provider including, without limitation, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

11. Termination

11.1 The Provider reserves the right, in its sole discretion, to terminate the Customer’s access to the program and the related services or any portion thereof at any time, if the Customer becomes disruptive to the Provider or other program participants, if the Customer fails to follow the program guidelines, or if the Customer otherwise violates this agreement. The Customer shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

11.2 The distance learning contract can be terminated without giving reasons for the first time at the end of the first half-year after conclusion of the contract with a notice period of 6 weeks. At the end of the first six months after the conclusion of the contract, the contract can be terminated at any time with a notice period of 3 months. The right of the Provider and the Customer to terminate this contract at any time for important good cause shall remain unaffected.

11.3 In the event of termination, the Customer shall only pay the portion of the remuneration that the value of the services provided by the Provider during the term of the contract.

11.4 The termination must be in text form.

Please send your notice of termination (if possible, stating the email address you used to register with us and/or your invoice number) to:
E-mail: hello@greentheweb.com

Alternatively, you can submit your notice of termination online here: https://www.greentheweb.com/course-termination.

12. Choice of Law, Dispute Resolution, Place of Jurisdiction

12.1 The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law shall remain unaffected.

12.2 The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr. The choice of law shall in particular not result in the consumer being deprived of the protection that would be granted to him without the choice of law by the mandatory provisions in the country of his habitual residence. However, we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

12.3 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising from the contractual relationship shall be Cologne, Germany. The same shall apply if the Customer is another entrepreneur.

12.4 If any term or provision of this agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

13. Changes or Updates to these Terms

The Provider may revise and update these Terms from time to time in sole discretion. The Customer is responsible for regularly reviewing these Terms to obtain timely notice of such updates. To the extent permitted by law, all changes are effective immediately unless the Provider indicates a different effective date when it posts them. The Customer’s continued use of the service after the effective date will be deemed an acceptance of the updates. Notwithstanding the foregoing, any changes to these Terms will not apply to any dispute between the Customer and the Provider arising prior to the date on which it posted the revised version of these Terms incorporating such changes or otherwise notified the Customer of such changes.

14. Data privacy

The protection of your personal data is important to us. You can find more detailed information on data protection and the use of cookies and similar technologies on our Privacy Policy page.