General Terms and Conditions (GTC)
1. General & validity
In the online “Tailor Academy” of Salzburger Maßarbeit GmbH (hereinafter referred to as the “Tailor Academy”) the customer finds offers for digital products such as video files, patterns, training materials and other audio files as well as physical and other products of the Tailor Academy.
Only the general terms and conditions of the Tailor Academy apply. Conflicting or deviating terms and conditions of the client are not accepted, unless their validity has been expressly agreed in writing or in text form. These General Terms and Conditions shall also apply if the Tailor Academy provides its services to him/ her without reservation in the knowledge of conflicting or deviating conditions of the client.
In some cases, product presentations refer to online shops of other providers where the products can be purchased. The respective terms and conditions of the shop provider will then apply. The following conditions apply to the purchase of products and a subscription to the courses of the Tailor Academy.
2. Contract conclusion | payment
The successful completion of the payment process by the customer for the product offered by the Tailor Academy or another expert and selected by the customer via www.tailor-academy.com constitutes an offer to conclude the contract. The contract shall be deemed to have been accepted if the rejection has not been declared within 14 days. Amendments and/or additions to the contract must be made in writing.
Payment is made by credit card, PayPal or direct debit.
3. Provision of digital products
Upon completion of the booking, the customer receives his or her individualised access to the booked product, which he or she can now access repeatedly with his login details (e-mail address and password) at any time. The customer acquires a simple non-transferable right to use the products for personal use. Use by third parties is not permitted.
Digital products such as video files, webinars or some audio files are made available via online streaming. In this case, no files are stored on the customer’s computer, but can only be consumed online. This means that the customer needs a sufficiently powerful Internet access to use the product.
Other digital products such as cuts or documents can be downloaded and permanently stored by the customer. Internet access is also required for this purpose.
4. Note on the right to cancel
4.1 Cancellation policy
— Right to cancel—
You can cancel your contract within 14 days without giving reasons in text form (e.g. letter, fax, e-mail).
The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before the fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 sec. 1 and 2 EGBGB as well as our obligations pursuant to Article 246 § 3 EGBGB. In order to meet the cancellation time limit the timely sending of the revocation is sufficient.
The revocation must be addressed to:
Salzburger Maßarbeit GmbH
Fax: +43 662 82 40 80 4
Please mention in the declaration your
– Full name
– Current date
– Order date (“Ordered on…”)
– A clear statement (e.g. “I hereby revoke the contract I have concluded for the purchase of the course […]”.
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits drawn (e.g. interest) must be surrendered. If you are unable to return the received service in whole or in part or only in a deteriorated condition, you may have to compensate us for the value. This may result in you having to meet the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration, for us with its receipt.
— End of cancellation policy –
4.2 Special notes
Your right of cancellation expires prematurely if the contract is fully fulfilled by both parties at your express request before you have exercised your right of cancellation.
5 Granting of rights
5.1 The products of the Tailor Academy are protected from copyright, trademark, name and, if applicable, other legal aspects. The Tailor Academy grants the customer a simple, non-exclusive, spatially and temporally unlimited non-transferable right of use for the purchased products. The customer is not entitled to use the products beyond the use permitted in this legal provision.
5.2 It is not permitted to convert, modify and pass on, make available, exchange and/or use in any way commercially on the Internet or other networks for a fee or free of charge (e.g. letting, rental, sale), to pass on to third parties or to make or exploit them publicly in a modified form.
5.3 If a third party uses unauthorized the customer’s rights of use of the products of the Tailor Academy for reasons for which the customer is responsible, a third party is obliged to reimburse the Tailor Academy and the other holders of rights for any costs incurred as a result and/or to comply with claims for damages.
5.4 Special license agreement for patterns
a) for the unlocked units, the license is granted to create works sewn according to this pattern, both privately and commercially without quantity restrictions or circulation. You can print out the pattern for your own use and keep it to create your work.
b) The license does not include the sale, distribution or reproduction of the pattern. The patterns may not be passed on, published, sold or loaned in electronic or printed form, neither for payment nor free of charge, or made available to third parties in any other way.
c) If the license conditions are violated, the license expires automatically.
6 Limitation of liability
6.1 The Tailor Academy is liable for intent and gross negligence.
6.2 The Tailor Academy is also liable in the event of slight negligence for the breach of an obligation essential for the achievement of the purpose of the contract; in this case, liability for unforeseeable and untypical consequential damages is excluded. Essential contractual obligations in the aforementioned sense are the obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.
6.3 Liability claims for damages resulting from injury to life, body or health are excluded from limitations of liability.
7 Final provision
7.1 The law of the Austrian Republic applies, excluding the application of the UN Convention on Contracts for the Sale of Goods.
7.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, Salzburg is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to make a provision which comes closest to the purpose pursued by the omitted provision.
As of: 09.06.2020
General Terms and Conditions (GTC)