GENERAL TERMS AND CONDITIONS OF viaRussian
Welcome to viaRussian!
Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between viaRussian (hereinafter referred to as “Provider”) and you (hereinafter referred to as “Purchaser”), in the version valid at the time of conclusion of the contract.
(2) Deviating general terms and conditions of the purchaser are rejected.
Please read these terms and conditions carefully before using any of viaRussian’s services.
(3) At viaRussian.com the provider offers private Russian lessons via online telephony with tutors who are native speakers of Russian and additional educational services.
Conclusion of the contract
(1) Contracts with the provider can only be concluded in German and English. In case of doubt, the German contract clause shall be applied.
(2) The purchaser must have reached the age of 18.
(3) The access to the use of Russian private lessons requires the registration with full name and e-mail address.
(4) By registering, the purchaser accepts the present terms and conditions. With the registration a contractual relationship between the provider and the registered purchaser is established, which is based on the regulations of these GTC.
(5) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the purchaser is merely requested to make an offer.
(6) By ordering a service with costs, the registered purchaser enters into a further contractual relationship with the provider which is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before conclusion of this contractual relationship. The contractual relationship is created when the purchaser confirms the order and payment obligation by clicking the “Place Order” button.
(7) The purchaser agrees to receive these invoices electronically. Electronic invoices will be made available to the purchaser by e-mail to the e-mail address provided. The purchaser will inform the purchaser for each service whether an electronic invoice is available.
Description of the scope of services
The scope of services of the provider consists of the following services:
(1) The service owed is a single lesson (hereinafter also referred to as “lesson” or “private lesson”) and includes (unless otherwise specified) 50 minutes with a private Russian tutor by means of online telephony. Only time, but no concrete success is owed.
(2) The purchaser has the option to choose between individual Russian private lessons and different collective packages of individual lessons (so-called “packages”). The purchase of a package entitles the purchaser to the respective number of separate, independent individual lessons.
(3) Unless otherwise agreed, the online telephony via the software service provider Skype (skype.com) is carried out through the private user account of the tutor and the private user account of the purchaser specified in the order. The purchaser has to take care of the setup of his Skype user account and his own internet connection.
(4) The purchaser has the possibility to arrange private lessons in the number of lessons purchased using the calendar function on the website. The purchaser’s claim to the purchased units has no time limit whatsoever.
(5) The service shall be deemed to have been provided in full:
- a) in the event of the expiry of the agreed duration of the individual lesson, irrespective of whether the purchaser actually makes use of it, provided that the purchaser has not cancelled it before the agreed date;
- b) in case of early renunciation by the purchaser of the complete time of the lesson;
- c) in the event that the lesson is broken off for any reason, unless caused intentionally or through gross negligence on the part of one of the contracting parties, provided that at least 80% of the time has already been completed.
Prices and shipping costs
(1) In order to use the private lessons, you must first register by providing your first name, last name, e-mail address and Skype user account.
(2) If the user wishes to make use of a chargeable service, he will be informed in advance of the chargeable service. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(3) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
Terms of payment
(1) A fee is to be paid in advance, at the time of the due date without deduction to the provider.
(2) Due to the Austrian small business regulation (in accordance with § 19 UStG), a calculation of sales tax is waived and the purchaser is not charged sales tax.
(3) Certain payment methods can be excluded by the provider in individual cases.
(4) The purchaser is not permitted to pay for the service by sending cash or cheques.
(5) Should the purchaser choose an online payment method, the purchaser authorises the provider to collect the amounts due at the time of the order.
(6) If the provider offers payment in advance and the purchaser chooses this method of payment, the purchaser must transfer the invoice amount to the provider’s account within five calendar days after receipt of the order.
(7) Should the purchaser offer payment by credit card and the purchaser choose this method of payment, the purchaser expressly authorises the purchaser to collect the amounts due by commissioning a third financial service provider.
(8) If the purchaser offers payment by direct debit and the purchaser chooses this payment method, the purchaser shall issue the purchaser with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account data, the purchaser shall bear the costs.
(9) Should the purchaser be in default of payment, the provider reserves the right to claim damages for delay.
(10) Settlement may be effected by the following means of payment:
- credit card
Registration and termination
(1) A user is, under reservation, entitled to cancel his registration at any time without giving a reason in writing by e-mail or post. The previously concluded contractual relationship is thereby terminated.
(2) The provider can terminate the contract at any time at his own discretion, with or without prior notice and without giving reasons. The provider also reserves the right to remove profiles and / or any content published on the website by or from the user. If the provider terminates the registration of the user and/or removes profiles or published contents of the user, the provider is not obliged to inform the user about this nor about the reason of the termination or the removal.
(3) The provider reserves the right, in the event of termination of the contract, to reimburse the purchaser for the proportionate contribution charged for lessons not worked.
(4) At the same time the purchaser has the right to cancel the purchase contract at any time and to reclaim the price for any lessons paid but not spent from the provider.
(5) In the event of a refund of lessons paid but not performed, the difference will be refunded to the purchaser as a balance without any expenses. In this case, the lessons already used are subtracted from the price of the paid package at the rate of a single lesson at the time the contract is concluded, thus determining the difference as the remaining amount. If no lessons have been used by the purchaser, the full purchase price will be refunded.
(6) Users are obliged not to make any intentional or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil lawsuits. Furthermore, the operator reserves the right in such a case to dissolve the existing contractual relationship with immediate effect.
(7) After termination of the contractual relationship, all user data will be deleted by the provider.
Limitation of liability (services)
(1) The provider assumes no responsibility for the content and correctness of the information in the registration and profile data of the orderers as well as other content generated by the orderers.
(2) The provider assumes no responsibility for the content, teaching methods etc. of the tutors used for the private lessons.
(3) The provider is only liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider.
(4) For other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the contractual partner may regularly rely), the provider is only liable if they are based on an intentional or grossly negligent breach of duty of the provider or on an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of the provider.
(6) The claims for damages are limited to the foreseeable damage typical for the contract.
(7) Claims for damages based on injury to life, limb, health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall begin to run at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the debtor’s person or would have to become aware of them without gross negligence (Section 199 (1) BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and legal requirements and, if necessary, to delete it in whole or in part.
Set-off and right of retention
(1) The purchaser shall only be entitled to offsetting if the purchaser’s counterclaim has been legally established or is not disputed by the provider.
(2) The purchaser may only exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) If the purchaser is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
The purchaser has the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period for services is fourteen days from the date of conclusion of the contract.
In order to exercise the right of withdrawal, the purchaser must be subject to the provider:
e-mail: [email protected]
inform us by means of a clear statement (e.g. a letter or e-mail sent by post) of his decision to withdraw from this contract. If the purchaser makes use of this possibility, the provider will immediately (e.g. by e-mail) send the purchaser a confirmation of receipt of such a withdrawal.
(3) Consequences of withdrawal
If the purchaser revokes this Agreement, the purchaser shall refund the payments for unused services without delay and at the latest within 14 days from the day on which the purchaser received notification of the withdrawal of this Agreement. For this repayment, the Supplier shall use the same means of payment that the purchaser used for the original transaction, unless expressly agreed otherwise with the purchaser; under no circumstances shall the purchaser be charged for this repayment.
(4) Exceptions to the right of withdrawal
The purchaser shall only be liable for any loss of value of the goods if this loss of value is due to handling by the purchaser which is not necessary for testing the quality, properties and functionality of the goods.
The right of withdrawal does not exist or expires in the case of services if the provider has provided these in full and has taken note of the purchaser prior to the order and the purchaser has expressly agreed that the provider can begin to provide the service and the purchaser loses his right of withdrawal in the event of complete fulfilment of the contract. Excluded from this is the one-time money-back guarantee for first lessons (see §10).
Money back guarantee
(1) The money-back guarantee covers only fully completed first lessons (so-called “trial lessons”) of the purchaser, provided that the provider is immediately notified of this in writing via e-mail or by post to the company location within 24 lessons of the lesson.
(2) The purchase price paid for Trial Lessons can be reclaimed even after the service has been completely provided, provided that the person of the purchaser is a first-time purchaser. The money-back guarantee can only be claimed once by each purchaser.
(3) All lessons that are not a first lesson of a first purchaser are excluded from the money-back guarantee without exception.
(3) The respective amount will be refunded analogously to the withdrawal provisions.
(1) If personal data (e.g. name, address, e-mail address, Skype user name) is collected, the purchaser undertakes to obtain the prior consent of the purchaser. The provider undertakes not to pass on any data to third parties, unless the purchaser has given his prior consent.
(2) The provider points out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be completely guaranteed. In this respect, the liability of the provider is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, unless the provider has given prior written consent to the persons concerned.
(4) The purchaser has the right at any time to receive complete and free information from the provider about the data stock concerning him.
(5) Furthermore, the purchaser has the right to correction/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate data protection declaration.
(4) The provider points out to the purchaser that some of these cookies can be transferred from servers to the purchaser’s computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from the hard disk of the purchaser after the end of the browser session. Other cookies remain on the purchaser’s computer system and enable the provider to recognize the purchaser’s computer system the next time the purchaser visits the site (so-called permanent cookies).
(5) The purchaser can object to the storage of cookies, for this purpose the purchaser has a banner at his disposal which he can object to/accept.
(6) Of course, the purchaser can set his browser in such a way that no cookies are stored on the hard disk or that already stored cookies are deleted. Instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
Place of jurisdiction
(1) The sole place of jurisdiction for orders from entrepreneurs, legal entities under public law or special funds under public law is the registered office of the provider.
(1) For differences of opinion and disputes arising from this contract, the law of the Republic of Austria shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(1) Contract languages are German and English. In case of doubt, the German contractual clause shall apply.
(2) The provider does not offer products or services for purchase by minors. The provider’s products for children can only be purchased by adults. If the purchaser is under 18 years of age, he/she may only use the service offered with the involvement of a parent or guardian.
(3) If the purchaser violates these Terms and Conditions and the purchaser does not take any action against this, the purchaser is furthermore entitled to exercise his rights on any other occasion in which the purchaser violates these Terms and Conditions of Sale.
(4) The provider reserves the right to make changes to its website, rules, conditions including these terms and conditions at any time. The sales conditions, contractual conditions and general terms and conditions of business in force at the time of the order shall apply to the order of the purchaser, unless a change to these conditions is required by law or by official order (in this case they shall also apply to orders previously placed by the purchaser). If any provision of these terms and conditions of sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally admissible provision which corresponds to the sense and purpose of the invalid provision.