§ 1 Scope
§ 2 Subject matter and conclusion of the contract
2.1 Dipl.-Ing. Jens Waldig provides the customers on the learning platform “e-vocal.academy” in the course of use periods of 6 or 12 months, e-vocal online learning materials (video, audio) for music training in the framework. In addition, links are provided to the use of learning opportunities offered by other providers. No responsibility is assumed for this offer.
2.2 The offers are subject to change. A prerequisite for the conclusion of the contract with the customer is that the customer provides all mandatory information requested in the registration mask, selects a period of use and his desired method of payment, and agrees to these General Terms and Conditions. Via the button “Buy now for free“the customer submits a binding offer to conclude a contract for the period of use selected by him. Before pressing the button, the customer is able to check his entries, correct them or cancel the order at any time. By pressing this button the contract with Dipl.-Ing. Jens Waldig. is concluded. The customer will then receive an order confirmation by mail.
2.3 If accidental input errors or malfunctions in the order transmission occur at the customer, e.g. because the order was accidentally sent twice by double mouse click or the internet connection was interrupted, it is possible that the customer does not receive the electronic order confirmation or receives it twice. In this case the customer is obliged to contact Dipl.-Ing. Jens Waldig immediately after the error has been detected. (Tel.:+43 699 1499 1699).
2.4 The conclusion of the contract is independent of whether the necessary technical requirements (use of the learning media with PC, smartphone, tablet) are available at the customer. The provision of the technical requirements for proper and error-free reception/use is the responsibility of the customer. He is hereby expressly advised to satisfy himself of his technical requirements before placing an order.
2.5 The customer must be 18 years of age or older to enter into a contract with Finanzethos.
§ 3 Prices
3.1 The agreed purchase price shall be that which is shown in the detailed description of the respective service on the website at “www.e-vocal.academy” at the time of the order.
3.2 All prices are quoted in EURO and include the respective statutory value added tax.
§ 5 Terms of payment
5.1 Unless otherwise agreed, all payments shall be due immediately after invoicing. The debiting of the customer’s account or credit card account takes place upon completion of the order and dispatch of the invoice. Payment can be made with credit cards MasterCard, Visa, SOFORT GmBH and paypal (through our partner Viveum)…
5.2 The customer is responsible for ensuring that the billing information (credit card data or data for the direct debit procedure) is up-to-date and complete. If payment is not made, a new debit attempt will be made, which will trigger additional chargeback charges of 7.00 Euros to be borne by the customer.
5.3 Dipl.-Ing. Jens Waldig reserves the right to immediately suspend access to the online learning platform “e-vocal.academy” in the event of non-payment.
§ 6 Term and termination
The period of use is limited in time.
The period of use expires at the end of the agreed period of use. Thus, the contract ends with the agreed end of the contract. There is NO automatic extension of a usage period. A notice period of four weeks applies. The cancellation (termination) has to be sent in text form (by e-mail or mail) to Jens Waldig, Dipl-Ing., Arbeitergasse 47, 1050 Vienna, firstname.lastname@example.org. The timeliness of the cancellation is not determined by the date of dispatch, but by the date of receipt of the cancellation letter or e-mail. The usage fee will be refunded on a pro rata basis.
The purchase of a further period of use is possible at any time…
§ 7 Failure to perform, liability, damages
7.1 Dipl.-Ing. Jens Waldig. and his associated providers of telecommunication and network services are not liable for the compensation of any damage resulting from the use or non-use of the online learning platform “e-vocal.academy”, in particular that the platform functions without interruptions or error-free. This includes, but is not limited to, the warranty for defects of title, integrity, merchantability or fitness for a particular purpose with regard to the availability, accuracy, reliability or content of the pages. Dipl.-Ing. Jens Waldig. is not liable for direct, indirect or incidental damages or for consequential damages based on the use or lack of use of the platform and the services contained therein. This also applies if Dipl.-Ing. Jens Waldig. was informed of the possibility of such damages.
7.2 In particular, Dipl.-Ing. Jens Waldig. assumes no responsibility and shall not be liable for any damage caused by external influence on the customer’s system or during the process of data transmission from the customer to Dipl.-Ing. Jens Waldig. or from Dipl.-Ing. Jens Waldig. to the customer. When sending newsletters by e-mail, no comprehensive guarantee for error-free delivery can be given despite the greatest care.
7.3 Liability for culpable injury to life, limb or health shall remain unaffected. This also applies to the mandatory liability under the Product Liability Act.
7.4 Apart from that, any liability for damages on the part of Finanzethos, regardless of the legal basis, is excluded.
§ 8 Trademark, copyright, ancillary copyright and personal rights
Dipl.-Ing. Jens Waldig. is the owner of the copyrights to the contents of the online learning platform “e-vocal.acaemy” and in the newsletters. Dipl.-Ing. Jens Waldig. permits the transfer of texts and graphics that are intended exclusively for the private use of a user. Any other reproduction, redistribution and use for other purposes as a whole or in part requires the written consent of Dipl.-Ing., Jens Waldig. This applies in particular to duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems.
9§ Duty to inform according to §5 E-Commerce Act, §14 Enterprise Code or §63 Trade Regulation Act and duty to disclose according to §25 Media Act
Company with legal form supplement: “Dipl.- Ing. Jens Waldig, Managing Director: Jens Waldig, Authority according to ECG: District Office of the 5th District, Vienna, Sales Tax Identification Number: ATU61150122 .
§ 10 Data protection
§ 11 Final provisions
We reserve the right to change these GTC at any time without giving reasons, unless this is not reasonable for the customer. We will notify the customer of any changes to the GTC in a timely manner. If the customer does not object to the validity of the new GTC within six weeks after notification, the amended GTC shall be deemed accepted by the customer. We will inform the customer in the notification of his right to object and the significance of the objection period.
11.1 Austrian law shall apply. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected. Place of performance and exclusive place of jurisdiction is, Vienna.
11.2 The contractual language is German.
©Dipl.-Ing. Jens Waldig 2019 – All rights reserved.