Terms and Conditions

§1 Scope of Application and Definitions

(1) The following Terms and Conditions apply to all deliveries between us and a consumer in their version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB [German Civil Code]).

§2 Formation of Contract, Storage of Contract Text

(1) The following provisions regarding the conclusion of contracts apply to orders placed through our online shop at https://elementarycoach.com.

(2) In the event of contract conclusion, the contract is formed with

LessonPrep GbR

Geckert & Winkler

Fichtenweg 1

D-59423 Unna

(3) The presentation of products in our online shop does not constitute a legally binding contractual offer on our part, but rather a non-binding invitation to the consumer to order products. By ordering the desired product, the consumer submits a binding offer to conclude a purchase contract.

(4) When an order is received in our online shop, the following rules apply: The consumer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop.

The order is placed in the following steps:

1) Selection of the desired product

2) Confirmation by clicking the “Buy Now” button

3) Review of the information in the shopping cart

4) Clicking the “Proceed to Checkout” button

5) Login to the online shop after registration and entry of login credentials (email address and password).

6) Final review and correction of the entered data.

7) Binding submission of the order by clicking the “Place Order” or “Buy Now” button.

Before submitting the binding order, the consumer can return to the page where the customer’s information is collected by pressing the “Back” button in their internet browser to review their information and correct any input errors, or cancel the ordering process by closing the internet browser. We confirm receipt of the order immediately via an automatically generated email (“Order Confirmation”). With this, we accept your offer.

(5) Storage of the contract text for orders through our online shop: We store the contract text and send you the order data and our Terms and Conditions by email. You can view the Terms and Conditions at any time at https://elementarycoach.com/agb/. You can view your past orders in our customer area under My Account –> My Orders.

§3 Prices, Shipping Costs, Payment, Due Date

(1) The stated prices include the statutory sales tax and other price components. Shipping costs may apply additionally.

(2) The consumer has the option to pay by bank transfer, PayPal, or credit card (Visa, Mastercard, American Express).

(3) If the consumer has chosen payment by bank transfer, they are obligated to pay the purchase price immediately after conclusion of the contract.

§4 Cancellation

(1) The “Individual License (1 Year)” has a minimum term of one year. After the minimum contract term expires, the subscription automatically renews for one additional month if no cancellation is received. After the end of the 11th month, the subscription can be canceled monthly.

(2) The “Individual License (1 Month)” subscription can be canceled at any time, effective at the end of the respective month.

§5 Delivery

(1) LessonPrep is entirely digital. No product or subscription involves any shipping. Digital goods are available immediately after payment is received.

§6 Retention of Title

We retain ownership of the goods until the purchase price has been paid in full.

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§7 Right of Withdrawal for Consumers

Right of Withdrawal for Consumers

Consumers are entitled to a right of withdrawal according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us at:

LessonPrep

Fichtenweg 1

59423 Unna

info@elementarycoach.com

by means of a clear statement (e.g., a letter sent by mail or an email) of your decision to withdraw from this contract.

You may use the attached model withdrawal form for this purpose, but it is not required.

To meet the withdrawal deadline, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.

Right of Withdrawal for Digital Content

For each digitally provided lesson unit, there is a detailed description including a short video preview. Please read this description carefully. You also have a 14-day right of withdrawal for these digital contents.

However, the right of withdrawal expires prematurely if the performance of the contract has begun after the consumer:

1. has expressly agreed that the seller may begin performance of the contract (download of provided files) before the withdrawal period expires,

2. has confirmed their knowledge that they lose their right of withdrawal upon giving consent to the performance of the contract, and

3. has been provided with confirmation of the expiration of the right of withdrawal on a durable medium pursuant to § 312f BGB.

The download of teaching materials is available through the “My Account” area as well as the service area on www.lessonprep.de and/or the app.

Model Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and send it back.

To: LessonPrep, Fichtenweg 1, 59423 Unna, Email: info@elementarycoach.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for paper notifications)

Date

(*) Delete as applicable.

As of: February 2023

§8 Warranty

The statutory warranty provisions apply.

§9 Contract Language

The contract language is exclusively English.

§10 Liability

(1) We exclude our liability for slightly negligent breaches of duty, provided these do not concern essential contractual obligations (cardinal obligations), damages resulting from injury to life, body, or health, or guarantees, or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. An essential contractual obligation exists when the breach of duty relates to an obligation upon the fulfillment of which the customer relied and was entitled to rely.

(2) Unless there is an intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damages, unless there is a case of mandatory liability under the Product Liability Act.

(3) Insofar as information and content do not originate from us and this is made apparent on the website, we will fulfill our obligation to block access to such content or remove the content immediately upon becoming aware of an unlawful act, as determined by § 10 TMG.

(4) All content from LessonPrep is intended as ideas for your PE class. You must independently check before each PE class whether all content of the PE instruction complies with the safety regulations for PE instruction in your respective state/country. See this example for the state of NRW (Germany). We assume no liability for accidents during PE class.

Terms and Conditions as of Apr. 2023