of Dr. phil. Daniela Christina Werthwein – Lang-Co! Language Coaching, Consulting, Communication
§ 1 Scope of application, provider
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between Dr. phil. Daniela Christina Werthwein – Lang-Co! Language Coaching, Consulting, Communication, Max-Beckmann-Straße 54, 51375 Leverkusen (hereinafter referred to as “Provider”) and its customers.
(2) The GTC apply to contracts that are initiated or concluded in particular via the websites www.go-lang-co.com und www.langco-friendsprache.com as well as via other communication channels used by the Provider (e.g., email, telephone, in writing).
(3) Customers within the meaning of these GTC are consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
(4) Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to their validity in writing.
§ 2 Description of services
(1) The provider shall render the following services in particular:
- Foreign language coaching (individual and group formats, online, hybrid, or on-site),
- Communication and conversation training,
- Intercultural communication consulting,
- Presentation, argumentation, and negotiation training in foreign languages,
- Creation, editing, and correction of foreign-language texts,
- digital products (e.g., audio clips, PDFs, reflection exercises, maps),
- physical products (e.g., impulse cards, printed works).
(2) The specific content and scope of services is set out in the respective offer, the booking confirmation, or the service descriptions presented on the aforementioned websites.
(3) The services provided by the provider do not constitute school or vocational training or further education measures within the meaning of the Distance Learning Protection Act (FernUSG). All offers are designed as personal coaching, consulting, or training services.
§ 3 Conclusion of contract
(1) Contracts can be concluded via the websites www.go-lang-co.com und www.langco-friendsprache.com, via online shop systems (e.g. CopeCart, Stripe), by email, by telephone or in writing.
(2) By ordering a product or booking a service, the customer makes a binding offer to conclude a contract. The contract is concluded as soon as the provider expressly accepts the offer (e.g., by written confirmation via email), issues an invoice, or begins to provide the service.
(3) In the case of a booking via an online shop system, the following applies:
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- a) The presentation of the services in the shop does not constitute a legally binding offer, but rather an invitation to the customer to submit an offer.
- b) By clicking on the “Buy now” or “Order and pay” button, the customer submits a binding offer.
- c) The contract is concluded upon electronic order confirmation by the provider.
(4) The contract language is German.
§ 4 Prices and terms of payment
(1) All prices are in euros and include statutory sales tax, if applicable.
(2) The prices stated at the time of conclusion of the contract, as specified in the offer, in the booking confirmation, or on the provider’s websites, shall apply.
(3) Unless otherwise agreed, payment is due immediately upon invoicing.
(4) The provider accepts the following payment methods: bank transfer, PayPal, credit card, SEPA direct debit, and all common payment methods offered by the payment service providers used by the provider (e.g., CopeCart, Stripe). Payment methods that incur additional fees for the provider will not be accepted.
(5) Installment payments are possible for group programs, coaching, and mentoring services by individual agreement. The last installment must be paid in full by the end of the respective program period at the latest.
(6) If the customer defaults on a payment, the provider is entitled to charge default interest at the statutory rate.
§ 5 Provision of services and obligations to cooperate
(1) Digital content will be made available to the customer in electronic form (e.g., via download link or email) immediately after receipt of payment, at the latest within 48 hours.
(2) Physical products will be shipped to the delivery address specified by the customer. Delivery within Germany usually takes 5 to 7 business days.
(3) Coaching, mentoring programs, and group offers take place on the agreed dates online, in a hybrid format, or—by arrangement—on site in Leverkusen or at another agreed location. The provider is entitled to postpone appointments or move them to a different format (e.g., online) for organizational reasons, provided this is reasonable for the customer.
(4) The customer is obliged to adhere to agreed appointments and to notify the provider of any cancellations at least 24 hours before the appointment. In the event of later cancellation or non-attendance, the service shall be deemed to have been rendered and will be charged in full.
(5) For group programs, the start and follow-up dates specified in the respective offer or booking confirmation apply. Missed appointments cannot be made up or refunded.
(6) The customer is responsible for ensuring a stable internet connection, suitable technical equipment (e.g., camera, microphone, software access), and a quiet learning environment, insofar as this is necessary for the provision of services.
§ 6 Contract term and termination
(1) Individual coaching and mentoring programs have a fixed term of 6 or 12 months, depending on the booking. Group programs are offered with a term of 3 or 6 months. Ordinary termination during the agreed term is excluded.
(2) Digital products are one-time purchases without a contract term.
(3) Early termination of the contractual relationship by the customer is only possible for good cause. There is no entitlement to a (partial) refund of fees already paid, unless the provider has culpably failed to fulfill the contract or has not provided the offer.
(4) If installment payments have been agreed, the customer remains obliged to pay the agreed remuneration in full, even if they no longer make use of the services prematurely. The remaining payment is due at the latest at the end of the agreed term.
(5) The right to extraordinary termination for good cause remains unaffected.
§ 7 Cancellation and withdrawal before the start of services
(1) In the case of individual coaching, mentoring programs, and group offers, withdrawal is generally excluded after conclusion of the contract.
(2) If, in exceptional cases, the customer cancels before the start of the service after consultation with the provider, the provider may charge a flat cancellation fee of 50% of the agreed fee. The date of receipt of the written notice of withdrawal shall be decisive.
(3) If the provider has to cancel an appointment for an important reason (e.g., illness, technical malfunction, official order), a replacement appointment will be offered. If the customer is unable to attend the replacement appointment, there shall be no entitlement to a refund, unless the provider cancels the service.
(4) In the case of digital products and online courses whose content is made available to the customer immediately after purchase, there is no right of withdrawal once the provision has begun.
§ 8 Liability
(1) The provider is fully liable for damages resulting from injury to life, limb, or health that are based on an intentional or negligent breach of duty, as well as for other damages that are based on intentional or grossly negligent breaches of duty.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the foreseeable damage typical for this type of contract. Any further liability for slight negligence is excluded.
(3) The Provider’s services do not constitute medical, psychological, or psychotherapeutic treatment and are not a substitute for such treatment. They serve exclusively for the personal and professional development of the Customer.
(4) A specific outcome, for example with regard to linguistic or personal progress, is not guaranteed. The implementation of the content taught is the sole responsibility of the Customer.
(5) The provider accepts no liability for technical malfunctions beyond its control (e.g., the customer’s internet connection, failure of third-party platforms).
§ 9 Copyright and rights of use
(1) All content, materials, and documents provided by the provider—including texts, audio files, videos, presentations, worksheets, PDFs, maps, exercises, and other files—are protected by copyright and are the intellectual property of Dr. phil. Daniela Christina Werthwein – Lang-Co! Language Coaching, Consulting, Communication.
(2) The customer receives a simple, non-transferable right of use exclusively for their own personal use.
(3) The transfer, publication, reproduction, recording, storage, public disclosure, or other use of the content—even in excerpts—is not permitted without the express written consent of the provider.
(4) Commercial use, in particular the use of the content in the customer’s own courses, coaching sessions, seminars, or digital products, is prohibited.
(5) Violations of these provisions may result in claims for damages and injunctive relief.
§ 10 Confidentiality and data protection
(1) The provider shall treat all information obtained in the course of the cooperation as strictly confidential. It will only be passed on to third parties if this is necessary for the fulfillment of the contract or if there is a legal obligation to do so.
(2) The Provider may use external payment and distribution service providers (e.g., CopeCart, Stripe, PayPal) to process bookings and payments. In this case, the data protection provisions of the respective service provider shall apply in addition.
(3) Personal data will be processed exclusively in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). The legal basis is the fulfillment of the contract in accordance with Art. 6 (1) lit. b GDPR.
(4) Further information on the processing of personal data can be found in the privacy policy available on the provider’s websites: www.go-lang-co.com and www.langco-friendsprache.com.
(5) The provider points out that when using video conferencing systems (e.g., Zoom, Teams, Google Meet) and online learning platforms, data may be transferred via third-party systems. The provider takes care to use only services that comply with data protection regulations.
§ 11 Warranty
(1) The statutory warranty rights apply to digital products and physical goods, unless otherwise specified in these GTC.
(2) Services, coaching, and mentoring programs are provided by the Provider to the best of its knowledge and belief. A specific success—in particular with regard to language progress, personal development, or business results—is not guaranteed.
(3) The Customer is responsible for implementing the content provided. A refund or reduction due to lack of success is excluded.
(4) Any defects in digital content or materials must be reported to the provider immediately. The provider is entitled to remedy such defects within a reasonable period of time.
(5) Warranty claims shall not apply in the event of insignificant deviations from the agreed quality or in the event of defects attributable to improper handling by the customer.
§ 12 Force majeure
(1) Events of force majeure that significantly impede or render impossible the fulfillment of the contract entitle the provider to postpone performance for the duration of the hindrance or to withdraw from the contract in whole or in part due to the unfulfilled part.
(2) Force majeure includes, in particular, natural disasters, pandemics, epidemics, official orders, labor disputes, power and internet outages, server malfunctions, cyber attacks, technical problems of third-party providers (e.g., video conferencing or payment platforms), and other unforeseeable circumstances beyond the Provider’s control.
(3) The provider shall inform the customer immediately of the occurrence and expected duration of such a disruption.
(4) Claims for damages or withdrawal by the customer due to delays resulting from force majeure are excluded.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The contract language is German.
(3) The place of jurisdiction is Leverkusen, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany. For consumers, the statutory place of jurisdiction of their place of residence applies.
(4) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid provision shall be deemed to have been agreed which comes closest to the economic purpose of the invalid provision.
(5) Subsidiary agreements, amendments, or supplements must be made in writing, unless a stricter form is required by law.
(This translation is provided for better understanding only. The German version is authoritative.)