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General Terms and Conditions (GTC)
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General Terms and Conditions with Customer Information

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Table of Contents:

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  •     Scope of Application

  •     Services Provided by the Provider

  •     Conclusion of Contract

  •     Right of Withdrawal

  •     Prices and Payment Conditions

  •     Content of Services and Educational Materials

  •     Warranty for Defects

  •     Liability

  •     Applicable Law

  •     Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Hélène Todorova, trading under "stretchingpanda" (hereinafter "Provider"), apply to all contracts for participation in online live courses and the delivery of digital content (hereinafter "Services") that a consumer or business person (hereinafter "Customer") concludes with the Provider regarding the Services displayed on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A business person within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the execution of a commercial or independent professional activity when concluding a legal transaction. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 Digital content within the meaning of these GTC is all data that is not stored on a physical data carrier, which is produced in digital form and provided to the Customer by the Provider, subject to certain usage rights as more precisely regulated in these GTC.

1.4 The subject matter of the contract may, depending on the service description of the Provider, be either the one-time provision of services or the provision of services through recurring performance (hereinafter "subscription contract"). In the case of a subscription contract, the Provider undertakes to provide the contractually owed service to the Customer for the duration of the agreed contract period at the contractually agreed time intervals.

2) Services Provided by the Provider

2.1 The Provider provides its services through qualified personnel selected by it. The Provider may also use the services of third parties (subcontractors) who act on behalf of the Provider. Unless otherwise specified in the descriptions of the Provider, the Customer has no claim to the selection of a specific person to provide the contracted service.

2.2 The Provider provides its services with the utmost care and to the best of its knowledge and belief. However, the Provider does not guarantee any specific results. In particular, the Provider does not warrant that a specific learning outcome will be achieved by the Customer or that the Customer will achieve a specific performance goal. This also depends on the personal effort and will of the Customer, over which the Provider has no influence.

3) Conclusion of Contract

3.1 The services described on the Provider's website do not constitute binding offers by the Provider, but rather serve as a binding offer by the Customer.

3.2 The Customer can submit their offer using the online form provided on the Provider's website. After entering their data into the form, the Customer makes a legally binding offer to enter into a contract regarding the selected service by clicking the button that completes the registration process.

3.3 The Provider may accept the Customer's offer within five days:

  • by sending the Customer a written confirmation of registration or a confirmation of registration in text form (fax or email), whereby the receipt of the confirmation of registration by the Customer is decisive, or

  • by requesting payment from the Customer after the Customer has submitted their contract declaration.

If several of the above-mentioned alternatives are available, the contract is concluded when one of the above-mentioned alternatives occurs first. If the Provider does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent. The same applies if the online live course selected by the Customer begins before the end of the acceptance period, and the Provider does not accept the Customer's offer at least 24 hours before the start of the course, unless otherwise agreed between the parties.

3.4 When an offer is submitted via the online form on the Provider's website, the text of the contract is stored by the Provider after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) following the submission of the Customer's offer. The Provider does not make the contract text accessible beyond this.

3.5 Before submitting a binding offer via the online form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.

3.6 The German language is exclusively available for the conclusion of the contract.

3.7 Communications from the Provider regarding the processing of the contract typically take place via email. The Customer must ensure that the email address provided by them for submitting the offer is correct so that emails sent by the Provider can be received at that address. In particular, the Customer must ensure that the use of spam filters does not prevent the delivery of emails sent by the Provider or by third parties commissioned by the Provider to process the contract.

4) Right of Withdrawal

Further information on the right of withdrawal can be found in the Provider's cancellation policy.

5) Prices and Payment Conditions

5.1 Unless otherwise specified in the service descriptions of the Provider, the prices stated are total prices that include the statutory value-added tax.

5.2 The Customer has various payment options, which are indicated on the Provider's website.

5.3 If payment is made using a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragree... or - if the Customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywa....

6) Content of Services and Educational Materials

6.1 The Provider is the owner of all usage rights required for the provision of the services. This also applies to educational materials that may be provided to the Customer in connection with the provision of the service.

6.2 Any educational materials accompanying the service (e.g., instructional materials) will be provided to the Customer exclusively in electronic form via email or for download. Unless otherwise agreed, the Customer has no entitlement to receive the educational materials in physical form.

6.3 The Customer may use the content of the services, including any educational materials provided, only to the extent necessary to achieve the purpose of the contract agreed upon by both parties. Without the separate permission of the Provider, the Customer is not authorised, in particular, to record the content of the services or parts thereof or to reproduce, distribute, or make the educational materials publicly accessible.

7) Warranty for Defects

Statutory warranty provisions apply.

8) Liability

The Provider's liability to the Customer for damages and expenses, regardless of the legal basis, is as follows:

8.1 The Provider is fully liable

  • in cases of intent or gross negligence,

  • in cases of intentional or negligent injury to life, body, or health,

  • based on a guarantee promise, unless otherwise regulated,

  • based on mandatory liability such as under the Product Liability Act.

8.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the typically foreseeable damage typical for the contract, unless unlimited liability applies according to the above paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.

8.3 In all other respects, the Provider's liability is excluded.

8.4 The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.

9) Applicable Law

9.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2 Furthermore, this choice of law regarding the legal right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole place of residence and delivery address are located outside the European Union at the time of concluding the contract.

10) Alternative Dispute Resolution

10.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2 The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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