1.1 tutora e.U. (hereinafter referred to as „tutora“ for short), FN 501760h, 1030 Vienna, Neulinggasse 21/20, provides its services exclusively on the basis of the following General Terms and Conditions (GTC).
1.2 The following GTC apply to all business transactions between tutora and its course participants. Course participants in the sense of these GTC are understood to be consumers in the sense of the Consumer Protection Act (KSchG).
1.3 In the course of the online registration, the course participant agrees to the present GTC by clicking on the checkbox „GTC read and accepted“ and pressing the button „REGISTER NOW“.
1.4 The GTC may be amended by tutora at any time and shall apply in the version current at the time of the registration of the course participant.
2. CONTRACT CONCLUSION AND METHOD OF PAYMENT
2.1 The description of tutoring on tutora’s homepage are not a binding offer. Only after selecting the tutoring and completing the required registration steps, the customer submits a binding offer to tutora by clicking the button „REGISTER NOW“.
2.2 The acceptance of the contract by tutora takes place by sending an email with the account information to the course participant. Payment by the course participant shall be made exclusively by bank transfer. As soon as the payment has been received, the course participant will receive an invoice by email.
2.3 Tutora reserves the right to cancel courses with less than ** registrations at short notice. Course participants who have already paid the course fee for a cancelled course will receive a refund of the amount paid or, at their express request, will be re-registered for another course offered by tutora.
3. LIABILITY, WARRANTY AND MONEY BACK GUARANTEE
3.1 tutora’s liability for ordinary negligence is expressly excluded, except that this does not apply to personal injury. The provisions on damages contained in these GTC or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or in lieu of a warranty claim.
3.2 The tutoring services offered by tutora serve their course participants as additional support to prepare for exams. However, the courses (tutoring) do not represent a final exam preparation, but the respective exam success is additionally dependent on the personal learning effort of the respective course participant. Tutora therefore offers no guarantee for the successful passing of exams by its course participants.
4. PROTECTION OF INTELLECTUAL PROPERTY
4.1 All Course Materials provided to the Course Participant by tutora shall remain the intellectual property of tutora. The course participant is not entitled to use the course documents for other than personal learning purposes without tutora’s express consent, in particular to reproduce them or to distribute them against payment or free of charge.
4.2 The breach of this provision by the course participant entitles tutora to claim damages and injunctive relief.
5. RIGHT OF REVOCATION
5.1 Consumers within the meaning of the KSchG have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract (see paragraph 2) between tutora and the course participant.
5.2 In order to exercise the right of withdrawal, the course participant must inform tutora of his/her decision to withdraw from the contract by means of a clear declaration (mail, fax or e-mail). For this purpose, the course participant can use the attached sample withdrawal form (item 9). Preferably, the declaration of withdrawal is to be submitted via e-mail to email@example.com.
5.3 In order to comply with the withdrawal period, it is sufficient if the notice of exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
6. CONSEQUENCES OF CANCELLATION
6.1 If the Course Participant has revoked the contract, tutora shall return to the Course Participant all payments received by tutora from the Customer without undue delay and at the latest within 14 days from the day on which tutora received the notification of the revocation of the contract.
6.2 For the repayment, tutora uses the same means of payment that the course participant used for the original transaction. However, tutora may also use another means of payment if this does not incur any costs for the Course Participant.
7. APPLICABLE LAW, JURISDICTION, PLACE OF FULFILLMENT
7.1 This Agreement shall be governed by Austrian substantive law, excluding the conflict of law rules of private international law.
7.2 For the decision of all disputes arising from the contract as well as all obligations resulting from these General Terms and Conditions, the competent court at tutora’s registered office shall have exclusive jurisdiction. Mandatory places of jurisdiction for consumers remain unaffected.
7.3 Place of performance is the registered office of tutora e.U.
8. SALVATORY CLAUSE
In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid one that comes closest to its meaning and purpose.
9. CANCELLATION FORM
Sample withdrawal form
If you want to cancel the contract, please fill out this form and send it back to Neulinggasse 21/20, 1030 Vienna or by email to firstname.lastname@example.org.
I/we* hereby revoke the contract concluded by me/us*for: the provision of the following
Name of the consumer(s) ………………………..
Address of the consumer(s) ………………………..
Date/Signature** of the consumer(s) ………………………..
*Delete as applicable
**Only for communication on paper.