Terms and Conditions of the company Dipl. Ing. Jens Waldig
§ 1 Scope of application
1.3 Deviating terms and conditions of business of the customer as well as amendments and supplements to these terms and conditions of use shall only be valid if they have been accepted in writing by Dipl.- Ing., Jens Waldig. This also applies if the customer’s terms of business and/or delivery have not been expressly contradicted.
§ 2 Subject matter of the contract and conclusion of the contract
2.1 Dipl.-Ing. Jens Waldig shall make e-vocal online learning materials (video, audio) for music training available to customers on the “e-vocal.com” learning platform in the course of usage periods of 12 months. In addition, there are links to the use of learning offers from other providers. No responsibility is taken for this offer.
2.2 The offers are subject to change. A prerequisite for the conclusion of a contract with the customer is that the customer provides all mandatory information requested in the registration mask, selects a period of use and the desired method of payment and agrees to these General Terms and Conditions. By clicking on the button “Purchase now“, 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 e-mail.
2.3 If accidental input errors or faults occur in the transmission of the order, 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) immediately after the error has been detected.
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. The customer is hereby expressly advised to satisfy himself/herself of his/her technical requirements before placing an order.
2.5 The client must be at least 18 years old to conclude a contract with us.
§ 3 Prices
3.1 The agreed purchase price shall be the price stated in the detailed description of the respective service on the website at “e-vocal.com” at the time of the order.
3.2 All prices are in EURO and include the respective legally applicable value added tax.
§ 4 Terms of payment
4.1 Unless otherwise agreed, all payments are due immediately after invoicing. The debit of the customer’s account or credit card account shall take place upon completion of the order and dispatch of the invoice. Payment can be made by credit cards MasterCard, Visa, SOFORT GmBH and paypal (via our partner Viveum).
4.2 The customer is responsible for ensuring that the billing information (credit card data or data for direct debit) is up-to-date and complete. If payment is not made, a new debit attempt will be made, which will trigger additional chargeback costs of 7.00 euros to be borne by the customer.
4.3 Dipl.-Ing. Jens Waldig reserves the right to immediately suspend access to the online learning platform “e-vocal.com” in the event of non-payment.
§ 5 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 period of use. A notice period of four weeks applies. The cancellation (termination) must be sent in text form (by e-mail or post) 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.
§ 6 Service disruptions, liability, compensation
6.1 Dipl.-Ing. Jens Waldig. and his associated providers of telecommunications and network services shall not be liable for compensation for 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 without errors. This includes, but is not limited to, the warranty of title, integrity, merchantability or fitness for a particular purpose with respect 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.
6.2 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.
6.3 Liability for culpable injury to life, limb or health remains unaffected. This also applies to mandatory liability under the Product Liability Act.
6.4 Apart from that, any liability for damages on the part of Finanzethos, regardless of the legal grounds, is excluded.
§ 7 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 copying of texts and graphics which are intended exclusively for the private use of a user. Any other reproduction, further distribution and use for other purposes as a whole or in parts requires the written consent of Dipl.-Ing., Jens Waldig. This applies in particular to the copying, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems.
8§ Duty of information according to §5 E-Commerce Act, §14 Enterprise Code or §63 Trade Regulation Act and duty of disclosure according to §25 Media Act
Company name with legal form: “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 Final clauses
We reserve the right to amend these GTC at any time without stating reasons, unless this is unreasonable for the customer. We will notify the customer of any changes to the GTC in good time. 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.
10.1 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 shall be Vienna.
10.2 The contractual language is German.
©Dipl.-Ing. Jens Waldig 2019 – All rights reserved.