Allgemeine Geschäftsbedingungen (AGB)

Terms and Conditions

Termini e Condizioni Generali

• Kelly Dyga – sole proprietorship

  Project name: Carrilingu

  Viale dei Pini 73, 65010 Collecorvino (PE), Italy

  E-mail: kelly@micromarco.de

  VAT ID: IT0226300685

  Status: 03 September 2025

  1. Scope and Contracting Party

  1.1 Scope

  These General Terms and Conditions (GTC) apply to all contracts for language courses and digital learning materials concluded between Kelly Dyga (hereinafter the “Provider”) and the customer.

  1.2 Contracting Party

  The contracting party is Kelly Dyga, a sole proprietor based in Italy. Courses are offered under the project name “Carrilingu”.

  1.3 Target Groups

  Our services are aimed at:

  - Private individuals (consumers)

  - Companies and business customers

  - NGOs and public institutions

  - Offices and authorities

  1.4 Legal Capacity

  Contracts may only be concluded with persons with legal capacity aged 18 or older. Minors require the consent of their legal guardians.

  2. Subject Matter and Services

  2.1 Course Types

  We offer self-paced courses in various languages only. The courses are based on a learning methodology inspired by the Birkenbihl method (not the original Birkenbihl method).

  2.2 Course Content

  - Digital learning materials for download

  - Audio materials (own recordings, produced with AWS)

  - Accompanying materials in digital form

  - Unlimited access to purchased content

  2.3 Technical Requirements

  To use our courses, the customer needs:

  - Internet connection for downloading

  - Suitable devices (computer, tablet, smartphone)

  - Audio playback capability

  - A current browser version

  3. Conclusion of Contract and Ordering

  3.1 Conclusion of Contract

  The contract is formed upon acceptance of the order by the Provider. Acceptance occurs by:

  - Sending an order confirmation by e-mail

  - Providing access credentials

  - Activating download options

  3.2 Ordering Process

  - Selection of the desired course

  - Entry of required data

  - Selection of payment method

  - Customer confirms the order

  - Redirect to the payment provider

  - After successful payment: provision of course content

  4. Prices and Payment Terms

  4.1 Prices

  - All prices are final prices including statutory VAT.

  - The prices valid at the time of order apply.

  - Price changes remain reserved.

  4.2 Payment Methods

  We offer the following payment options:

  - One-time payment by credit card, PayPal, Stripe

  - Subscription models with monthly debit

  - Installment payments up to 12 installments free of charge (depending on provider)

  - PayPal installment payments under PayPal’s terms

  4.3 Payment Deadlines

  - Payment is due prior to download and/or upon ordering.

  - For installments, the agreed installment dates apply.

  - In case of default, statutory provisions apply.

  4.4 Dunning Procedure

  In the event of payment default, we charge:

  - Default interest: base rate + 5% p.a. for consumers, + 9% for businesses

  - Dunning fees:

  - 1st–3rd reminder: €2.50 each

  - From the 4th reminder: costs according to effort (collection agency/lawyer)

  5. Right of Withdrawal (Consumers)

  5.1 Instructions on Withdrawal

  Consumers have a 14-day right of withdrawal from conclusion of the contract.

  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 is concluded.

  To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g., by e-mail to kelly@micromarco.de).

  Effects of withdrawal:

  If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and at the latest within fourteen days.

  5.2 Expiry of the Right of Withdrawal

  The right of withdrawal expires for digital content if:

  - The course content has already been downloaded AND

  - You have expressly agreed that performance begins before the withdrawal period ends AND

  - You have acknowledged that by giving consent you lose your right of withdrawal

  6. Cancellation and Termination

  6.1 Cancellation before Download/Delivery

  - If content has not yet been downloaded: cancellable free of charge

  - For B2B deliveries: cancellable until delivery

  6.2 Termination of Subscriptions

  - Subscriptions may be terminated with 30 days’ notice to the end of the month.

  - Termination must be in writing (e-mail).

  - Periods already paid are not refunded pro rata.

  7. Refunds and Warranty

  7.1 Refunds

  Refunds are granted only in the following cases:

  - Technical issues on the Provider’s side where the customer meets minimum system requirements

  - Withdrawal within the statutory period (prior to download)

  - Irremediable technical defects in the course content

  7.2 Warranty

  - We warrant the technical functionality of downloadable content.

  - Warranty claims are limited to 2 years from contract conclusion.

  - In case of defects, subsequent performance is provided first by re-provision.

  7.3 No Guarantee of Success

  We do not guarantee learning success or specific language levels. Success depends on individual factors and the learner’s commitment.

  8. Usage Rights and Copyright

  8.1 Granted Rights

  The customer receives a simple, non-transferable right to use the purchased course content for private use or internal business use.

  8.2 Restrictions

  - No sharing with third parties

  - No public performance or distribution

  - No editing or modification of content

  - No commercial use without express permission

  8.3 Copyright

  All course content, in particular audio materials, texts, and graphics, is protected by copyright and is the property of the Provider.

  9. Liability and Limitations of Liability

  9.1 Limitation of Liability

  Liability is limited to intent and gross negligence. For slight negligence we are liable only in case of breach of essential contractual duties.

  9.2 Excluded Liability

  No liability for:

  - Technical problems on the customer’s side (unsuitable devices, internet connection)

  - Non-recognition of courses by authorities, employers, or educational institutions

  - Data loss due to improper handling by the customer

  - Indirect and consequential damages

  9.3 Force Majeure

  Exclusion of liability in cases of force majeure (e.g., natural disasters, cyberattacks, official measures, pandemic).

  10. Data Protection

  The processing of personal data follows our Privacy Policy, available at [link to privacy policy], which forms part of these GTC.

  11. Customer Support

  11.1 Support Services

  - E-mail support: kelly@micromarco.de

  - Response time: within 48 hours (business days)

  - Support languages: German, English, Italian

  11.2 Support Scope

  - Technical assistance with download issues

  - Questions about course content

  - Billing questions

  - No individual language lessons or coaching

  12. Changes to the GTC

  12.1 Right to Amend

  We reserve the right to amend these GTC. Changes will be communicated to the customer by e-mail.

  12.2 Deemed Consent

  If the customer does not object within 6 weeks of notification, the changes are deemed accepted. This consequence will be specifically highlighted in the notice.

  13. Final Provisions

  13.1 Venue and Applicable Law

  - Place of jurisdiction: Pescara, Italy

  - Applicable law: Italian law, excluding the UN Sales Convention (CISG)

  - Consumer rights: Mandatory consumer protection provisions of the customer’s country of residence also apply to consumers

  13.2 Severability

  If any provision of these GTC is invalid, the validity of the remaining provisions shall not be affected.

  13.3 Dispute Resolution

  We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but are generally willing to do so.

  Special Notes under Italian Law:

  - Italian consumer protection provisions (Codice del Consumo)

  - These GTC are subject to Italian consumer protection laws

  - EU consumers retain their rights under the Consumer Rights Directive

  - Online dispute resolution: https://ec.europa.eu/consumers/odr/

  - Italian supervisory authority: Autorità Garante della Concorrenza e del Mercato

  Compliance Notes

  - Registration as a sole proprietorship in Italy in accordance with Italian commercial law

  - VAT treatment according to Italian tax law

  - Fulfilment of information obligations under Italian e-commerce law

  - Compliance with the GDPR and Italian data protection provisions

  Contact for questions about these GTC:

  Kelly Dyga

  E-mail: kelly@micromarco.de

  Address: Viale dei Pini 73, 65010 Collecorvino (PE), Italy