1.1 These general terms and conditions (hereinafter “GTC”) of talknpractice GmbH (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller for the purchase of the services offered and presented in the Sellers online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The service and product descriptions contained in the online shop of the Seller represent binding offers for the Seller.
The Customer accepts the offer, the services, with the conclusion of the contract.
2.2 The Customer can use the online order form integrated in the online shop of the Seller in a binding manner. After adding the selected products and services to the virtual shopping cart AND having gone through the electronic ordering process, the Customer submits a legally binding contract purchase for the products and services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller accepts the sale by sending the Customer a written order confirmation and invoice via email.
2.4 The Seller assigns the claim accordingly to Stripe or PayPal.
2.5 Two payment modalities are contractually offered by the Seller: purchase on account and cash in advance. The mode of payment depends on the country and the creditworthiness of the Customer.
3. Right of withdrawal
3.1 The Customer, buyer, or consumer has a right of withdrawal at any time.
3.2 The Customer, buyer, can make use of his/her right of withdrawal before he/she has used the service. If the service is used, no matter how long or how often, there is no possibility to cancel the agreed purchase.
4. Prices and terms of payment
4.1 The Customer will be informed of the payment options in the Seller's online shop.
4.2 The Seller remains the contact person for the Customer during the entire process and use of the service. The purchase on account requires a previously positive check of the Customer's creditworthiness.
4.3 The Customer can choose from the following payment options: Credit Card, PayPal, Paydirekt, SEPA, Sofort Überweisung, Apple Pay, Google Pay, WeChat Pay, Alipay, Bancontact, Diners Club, EPS, IDEAL, Klarna, Multibanco, Przelewy24, BLIK and payment on account with positive creditworthiness and depending on the country. If the Customer selects the payment method Credit Card, PayPal, Paydirekt, SEPA, Sofort Überweisung, Apple Pay, Google Pay, WeChat Pay, Alipay, Bancontact, Diners Club, EPS, IDEAL, Klarna, Multibanco, Przelewy24, BLIK or on account, the payment is processed by Stripe. When paying by credit card, Stripe collects the invoice amount from the Customer's credit card account. The credit card will be charged immediately.
4.4 A contract for a purchase on account is concluded, and the corresponding payment on account is made, only if the creditworthiness, which is checked in advance, is positive. When paying on account, the Customer agrees to settle the invoice or purchase amount within seven days. If there is no payment within these seven days, the Seller can stop the service immediately. The agreed contract between buyer, Customer, and Seller remains unaffected. The Seller's claim against the Customer remains.
5. Service and performance conditions
5.1 The service can be provided to the buyer or Customer immediately after receipt of the order confirmation.
5.2 The buyer, Customer, can book further services at any time while using the service.
6. Retention of title
6.1 The services remain the property of the Seller until they have been paid for in full.
7. Defect liability (warranty)
7.1 If the service is defective, the buyer, the Customer, must immediately report this in writing by email. In this case, a refund can be made. Subsequent deficiencies are excluded if they are not communicated in writing immediately.
8. Applicable Law
8.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties.
8.2 In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9. Place of jurisdiction
9.1 If the Customer, buyer acts as a merchant, legal entity under public law, or special property under public law, with its seat in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller is always entitled to call the court at the Customer's registered seat.
10. Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following link: Click here!
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases or service contracts in which a consumer is involved.
10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. This must be checked in each individual case by the Seller.