terms & conditions

terms & conditions

Stand: Januar 2017

I. Provider

Lernwerk GmbH
Rothenburgstraße 32
12165 Berlin

Tel: +49 (0) 30 53 00 05 – 0
Fax: +49 (0) 30 53 00 05 – 11

info@lernwerk.de

Handelsregistergericht: Amtsgericht Charlottenburg
Handelsregisternummer: HRB 83051 B

CEO: Swantje Goldbach, Jan Christopher Horn

II. Validity

These terms and conditions are valid for all contractual obligations arising from this website between Lernwerk GmbH (hereafter Lernwerk) and its customers.
By ordering services, the customer recognizes the terms and conditions in the version valid at the time of ordering as being the sole basis of the contractual relationship.

III. Conclusion of the contract (technical realization of the contract)

The offer on these pages does not constitute a binding offer by Lernwerk committing Lernwerk to the conclusion of a contract. The website merely asks the customer to produce an offer by placing an order.

When the customer has found a language product, he or she opens the appropriate order form by clicking the button “book now” or “continue to enter personal information”. On the next page, the customer has the opportunity to log into the customer zone using his email address and password, should he or she already have an account. Otherwise the customer can proceed to the next page by clicking the button “register”. There, he or she feels the respective fields with the information requested. The customer does not undergo any obligation by doing this. The customer can change his or her information during this process at any time. After inputting the necessary information and confirming by clicking the checkmark (thus accepting the terms and conditions and the data protection policy) the customer can proceed to the next page of the ordering process by clicking the button “continue”. Here, the information can be checked and corrected (“edit”). After having corrected the information if necessary, the process is completed by the customer clicking the button “book course now”. By clicking this button, the customer has made an offer to conclude an online tutoring contract.

The order can only be completed and submitted if the customer has accepted the terms and conditions, the cancellation policy and the data protection policy by clicking the respective checkmarks. The customer must also agree to and explicitly request that Lernwerk begin the performance of the service ordered before the end of the period of cancellation, and furthermore be aware that once the terms of the contract have been fulfilled and the service completely rendered, the customer loses his or her right to cancellation.
The terms and conditions can be read in an Internet browser, printed or saved to a local computer at any time.

Lernwerk will confirm receipt of the order by means of email. This confirmation does not constitute the acceptance of the offer by Lernwerk. It merely informs about the receipt of the order.

The declaration of acceptance will be made in an explicit declaration of acceptance or by beginning the rendering of the service ordered. By virtue of this acceptance, a contract between the customer and Lernwerk comes into effect.

The text of the contract can be printed using the browser’s print function or saved by right clicking with the mouse. After the completion of the online ordering process, the text of the contract is no longer accessible to the customer. Furthermore, Lernwerk will save the text of the contract.

IV. Right of cancellation

Cancellation policy

Right of cancellation

The period of cancellation is 14 days from the date of the contract’s conclusion.

To exercise your right of cancellation, you must inform us

Lernwerk GmbH, Rothenburgstraße 32, 12165 Berlin
Telefon 030 53 00 05 -0
Telefax 030 53 00 05 – 11
Mail info@lernwerk.de

in an unambiguous declaration (E. G. by mail, fax or email) of your decision to cancel the contract. You may use the attached sample cancellation form, but you do not have to.

To meet the deadline, you must have sent your message by the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we must refund all payments we have received from you, including delivery costs (except additional costs that arise because you selected a different type of delivery than the cheapest and the delivery we offer). We must refund these costs immediately, at the latest 14 days from the day on which we received your cancellation. The refund will be provided with the same method of payment you used for the original transaction, unless a different agreement was specifically arranged with you. You will not be charged a fee for this refund.

If you requested the service to be begun during the period of cancellation, you must pay us a sum which corresponds to the share of services you received compared to the entire volume of services agreed upon in this contract. The date and time of our receipt of your cancellation notice is the point in time used for the calculation of this share.

V. Further consumer information for long-distance contracts

The essential characteristics of the products or services offered, as well as the period of validity of limited-time offers can be viewed under the individual product descriptions.

Lernwerk adheres to a code of behavior it developed itself. It may be found here: http://www.lernwerk.de/konzept/grundsaetze.html.

The language of the contract’s conclusion is exclusively German.

Statutory warranty rights apply.

Notice on out-of-court dispute resolution (the OS-Plattform):

The European commission’s online platform, which is used for online, out-of-court dispute resolution pertaining to contracts concluded online is accessible via the following link: http:ec.europa.eu/consumers/odr

Our email address is: info@lernwerk.de

VI. Contract implementation/general information

According to the contract, only the person registered for lessons may make use of the services. The services are not transferable to a third-party.

Lernwerk is permitted to fulfill its obligations via freelance agents and expert third parties.

If the student is absent, Lernwerk is not obligated to provide replacement lessons or to inform the legal guardians or the contractual partner. There will be no reduction or refund of the price.

The same is true if the student does not show up to an online lesson on time or does not log in at all.

Missed or canceled lessons – even on school holidays – will not be made up or refunded. For lessons canceled by Lernwerk, a replacement appointment will be offered.

Lesson times and dates may be changed as long as both parties of the contracts agree. In group lessons or holiday courses the number of participants is limited; for this reason, there is no guarantee a spot will be available.

Lernwerk may inform you by telephone, mail or email about new course offerings. Address information will not be passed on to third parties. If this information is not desired, a formless message is enough to end contact.

If the customer provided an email address, Lernwerk is permitted to conduct any and all communication about contractual or lesson changes as well as billing via email.

VII. Conditions of payment/validity of contract

The advertised prices apply.

Lernwerk is exempt from sales tax pursuant to §4 No. 21 a) bb) UstG. No shipping costs apply. All prices are subject to additional costs for materials.

The account holder permits Lernwerk to debit all fees agreed upon from the customer’s account via SEPA direct debit. Once billed, fees for additional courses or lessons may also be withdrawn via direct debit.

Fees for subject courses and intensive courses, as well as month packages for online lessons are due monthly in advance, on the first business day of the month. If the due date falls on a weekend or holiday, the due date is postponed to the next business day. In the main month of summer vacation in the respective federal state (Bundesland), no monthly fee will be billed for subject courses. In the other month of summer vacation, half a monthly fee will be billed. The monthly fee for a subject course, because months differ in length, is a mixed calculation and not based on a set number of lessons per month. In months in which the fee is calculated as a share of the whole, the calculation is based on 4 lesson appointments a month.

One-time charges such as extra lessons, DOQ and vacation courses, partial months, hourly packages for online lessons as well as retroactive fees, will be debited on the first or on the fifteenth of the month via SEPA direct debit as soon as the contract has been received. Please allow three bank working days for the transaction to appear in your account.

Costs of possible overdrafts are to be covered by the customer. The customer has the rights to furnish evidence of a lesser loss or no loss.

For DOQ, intensive and vacation courses, a cancellation up to four weeks before the course starts will incur an administration fee of ten percent of the course price, a cancellation up to seven days before the course starts will incur a fee of fifty percent of the course price, later cancellations incur the full price of the course.

For subject courses and monthly packages for online lessons, the contract is automatically extended by one month and may be canceled as of the end of the month in writing by the contract partner.

VIII. Discounts

Discounts are offered when a tandem partner or a sibling child books a course, or when more than one course is booked. Should the reason for the discounts no longer apply, the fee will be charged according to the current price list.
Special discounts and cancellation rules will be published on the website. Entitlements to a discount must be proven by the customer.

IX. Exclusion of liability

inasmuch as the following does not otherwise make applicable arrangements, compensation of damages to the customer is excluded. If the customer makes claims against legal representatives or agents of Lernwerk, this exclusion of liability also applies. Exceptions to this exclusion are compensation claims due to injury of life, body or health and compensation claims resulting from the violation of essential contractual duties. Essential contractual duties are such duties necessary to be performed for the fulfillment of the contract. Additional exceptions are the liability for damages which occurred due to an intentional or grossly negligent violation of the duties of the provider, his legal representatives or agents. The provisions of the product liability act (ProdHaftG) apply.

X. Course offerings

DOQ base course

the DOQ base course consists of 3 course blocks (D, O, Q), which each lasts 60 minutes.

The DOQ base course takes place once a week. The modules are repeated regularly. The units do not have to be completed in order. You can join at any time.

Missed base course lessons can be made up on the dates and times offered. Active customers may – provided the class is not full – repeat individual course blocks or all course blocks.

During school vacations and on state holidays, there are no DOQ base courses.

“Learn to learn” intensive course

The intensive course consists of 15 weekly group lessons of 60 minutes each, as well as a parent training.

The Abitur-intensive course consists of eight weekly group lessons of 60 minutes each.

During school vacations and on state holidays, there are no intensive courses.

Subject course

One lesson unit, which takes place once a week per course, encompasses 45 minutes of individual or tandem training or 90 minutes of group lessons.

On state holidays, during summer vacation (public school vacation) and from December 23 to January 2 there will be no subject course lessons. In the other school vacations, the courses will be offered.

The last day of lessons before summer break is the day on which report cards are distributed in the public schools of the respective federal state (Bundesland).

In group courses, the lessons have a set theme. Group courses may have a predetermined start and end date. In this case, the contract ends with the end of the course.

As long as both parties agree, it is possible to change the lesson time during school vacations.

Vacation courses

The vacation course encompasses four or five days with 90 minutes per day of individual or tandem lessons, depending on the length of the vacation week.

If the lesson time is not arranged upon booking the course, we will contact you at the latest three days before the course begins, and tell you the exact time via the email address used in the registration process.

The special vacation workshops take place in group lessons.

The content and prices of all courses may be found in the vacation course program.

Extra lessons

An extra lesson consists of 45 minutes of individual lessons and may be taken at any Lernwerk location.

A credit voucher must be given to the Lernwerk manager for each extra lesson of 45 minutes. Without presenting this voucher to the manager, no lesson can take place.

If the booked lesson cannot be attended, notice must be given at least 24 hours in advance. Not showing up or giving less than 24 hours notice will cause the voucher to be rendered invalid by the system. In this case, the voucher may not be reused.

The credit vouchers are printed in PDF-format and sent out. They are valid only for the listed participant and are not transferable.

Each voucher contains an individual security number and the name of the participant. Upon being used, the voucher is rendered invalid and cannot be reused. If a voucher is lost, a replacement may be ordered from Lernwerk’s main office. The security number will be in the confirmation email.

As a general rule, the customer does not have the right to choose a specific lesson time or teacher.

Extra lessons never replace the regular subject course. For regularly occurring lessons, a consultation must be arranged.

Extra lessons will not be paid out in cash.

Online tutoring

An online lesson unit is composed of 40 minutes of individual training. If the online lessons are booked as a monthly package, the course takes place once weekly. On state holidays, during summer vacation and from December 23 to January 2, there will be no online lessons. During the other school vacations, lessons will be offered as usual.

The last day of instruction is the day on which report cards are distributed in the public schools of the respective federal state (Bundesland).

As a rule, the student does not have the right to a specific lesson time or teacher. The lesson time for the utilization of online lessons is to be arranged with Lernwerk by the participant. The participant must be logged in on time at the chosen lesson appointment.

Technical requirements

The customer is responsible for providing the technical setup necessary for taking online lessons at his or her own cost. The technical requirements may be viewed at www.Lernwerk.de.

Among other requirements, it is necessary to use software applications available online. The student must download these applications him or herself at his or her own cost and install them. Contractual relationships entered into by these actions arise exclusively between the customer and the provider of such freely available software. The provider of the software is not acting at Lernwerk’s commission and is not an agent of Lernwerk.

Lernwerk reserves the right to further develop or change the software. The customer will be informed in advance about the changes, and is required to take steps to update to such changes at his or her own cost. The customer has the right to cancel the contract with one month’s notice after receiving notice of the change.

Lernwerk recommends students take safety measures themselves and always use an updated virus protection. Lernwerk provides individual online tutoring. The scope of the services is determined by the online tutoring contract concluded by the customer. Lernwerk does not owe or guarantee success.

XI. Data protection

The customer is aware of the fact, and consents to the saving of relevant customer data necessary for the fulfillment of services on Lernwerk hard drives. The customer agrees to the processing, use and solicitation of his or her personal data explicitly. The personal data saved will be treated confidentially. The solicitation, processing and use of personal data from the customer is performed according to the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

The customer is reminded that the solicitation, processing and use of his or her data is voluntary, and that if the customer rescinds her his or her consent, the contract cannot be executed. The acceptance of the date of policy can be rescinded for the future at any time. In this case, Lernwerk is required to immediately delete personal data of the customer, as long as no provisions of law forbid this. To have his or her data deleted, the customer must use the means of contact listed above. Further details may be taken from the data protection policy.

XII. Final notes

Should individual clauses of this contract be invalid or void, this does not affect the validity of the remaining clauses.