General Terms and Conditions (GTC)
Preamble
These General Terms and Conditions (GTC) apply to all agreements concerning the purchase of the online course between Mazen Saleh, Kirchenstraße 1, 22767 Hamburg, Germany (hereinafter referred to as the “Provider”) and the Provider’s customers (hereinafter referred to as the “Customer”).
§ 0 Preamble
The Provider possesses extensive experience and well-founded expertise in the field of e-commerce, particularly in selling on Amazon and other online marketplaces. The Provider has developed this online course in order to pass on this knowledge to entrepreneurs and to support them in establishing, developing, and optimizing their own online businesses.
The Customer operates, or intends to establish, an online business, particularly in the field of e-commerce, and wishes to expand and deepen their knowledge and skills through professional training and the transfer of practical expertise.
The purpose of the online course is to provide structured and targeted knowledge transfer in the field of e-commerce, thereby contributing to the Customer’s competitiveness and economic success.
Accordingly, these General Terms and Conditions govern the Customer’s participation in the Provider’s online course for the purpose of professional training and knowledge transfer in the field of e-commerce, with a particular focus on selling through Amazon and other online platforms.
§ 1 Subject Matter, Target Group and Entrepreneur Status
(1) The Provider shall grant the Customer access to an online course on selling through Amazon and other online platforms in consideration of payment of the agreed purchase price. The course is intended exclusively for persons who already operate their own business or who have made a definitive decision to establish their own business as online merchants (particularly on Amazon) and are actively implementing such business.
(2) The Provider’s contractual obligation is limited exclusively to granting access to the digital training materials and video content made available as part of the online course. The Customer pays the purchase price solely in consideration of access to such digital training materials and video content. No additional services or obligations shall be deemed included unless expressly agreed in writing.
(3) Any additional services or bonus content provided voluntarily by the Provider shall not form part of the contractual main performance and shall not give rise to any separate claims by the Customer. The Provider reserves the right to modify or discontinue such additional services, in whole or in part, at any time without giving rise to any claim for price reduction or damages.
(4) These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The Provider does not enter into contracts with consumers within the meaning of Section 13 BGB. The Customer confirms that the online course is purchased in the course of the Customer’s commercial or self-employed professional activity, or for the purpose of commencing such activity, and that the decision to engage in such activity has already been made.
(5) The online course may also be purchased without providing a VAT Identification Number (VAT ID), a tax number, or any comparable tax registration number, provided that the participant owns a company registered in Germany. This exception does not apply to companies or participants registered outside Germany.
(6) Upon request, the Customer shall provide the Provider with evidence of entrepreneurial status, including the company name, business address, or other supporting documents relating to the Customer’s business activity or intended business formation (e.g. business registration, tax number, or information regarding the planned Amazon/online business). If the Customer fails to comply or it is established that the Customer acted as a consumer contrary to the declaration given, the Provider shall be entitled to terminate the contract with immediate effect and block access to the online course, without prejudice to any mandatory consumer rights.
§ 2 Term and Access
(1) The Customer shall receive access to the online course content for a period of one year from the date access is granted.
(2) Access shall be provided through a closed, password-protected online platform. The access credentials shall be sent to the Customer by email after full payment of the purchase price has been received.
(3) Access is personal and non-transferable. The Customer shall keep the access credentials confidential and shall not disclose them to any third party.
(4) Upon expiry of the one-year access period, access to the online course shall terminate automatically. Any extension requires a separate purchase of the online course unless expressly agreed otherwise by the parties.
§ 3 Right of Withdrawal
(1) As these General Terms and Conditions (GTC) apply exclusively to contracts concluded with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the Customer shall not be entitled to the statutory right of withdrawal pursuant to Sections 312g and 355 BGB.
(2) The Customer confirms that the online course is purchased as an entrepreneur or business founder in the course of, or in preparation for, a commercial or self-employed professional activity and acknowledges having been informed that entrepreneurs are not entitled to a statutory right of withdrawal.
(3) Should it be determined in an individual case that, contrary to the Customer’s declaration, the Customer acted as a consumer within the meaning of Section 13 BGB, the mandatory consumer protection provisions, in particular the statutory rules governing the right of withdrawal for distance contracts, shall apply. In such case, the Provider shall separately provide the Customer with all legally required information and the statutory withdrawal notice.
§ 4 Exclusion of the German Distance Learning Protection Act (FernUSG)
(1) The online course constitutes a training and information program intended to support the establishment and further development of an online business. It is not designed to provide a state-recognized qualification.
(2) The course is not intended to constitute an organized distance-learning program within the meaning of Section 1(1) of the German Distance Learning Protection Act (FernUSG). In particular, it does not include systematic monitoring of learning progress by the Provider, nor examinations, graded assessments, or mandatory performance evaluations within the meaning of the FernUSG.
(3) Should it unexpectedly be determined that the FernUSG applies to this course, any statutory rights of the Customer shall remain unaffected. In such event, the Provider shall examine and comply with the applicable legal requirements, including any licensing obligations that may apply.
§ 5 Copyright and Right of Use
(1) All content provided within the online course, including but not limited to video recordings, texts, graphics, templates and other materials, is protected by copyright and intellectual property law.
(2) For the duration of the access period, the Customer is granted a simple, non-exclusive, personal and non-transferable right to use the course content. This right of use is limited to the Customer’s personal use for the business purposes described in Section 1.
(3) The Customer is prohibited from reproducing, recording, publishing, distributing or making the course content available to any third party.
(3) The Customer shall not transfer, reproduce, publish, record or distribute the course content to third parties. In particular, the Customer shall not:
• make the content, in whole or in part, available on public or private platforms;
• edit, translate or modify the content;
• license or rent the content to third parties for commercial purposes; or
• provide copies of the content to third parties.
(4) Any breach of these terms of use shall constitute a material violation of these GTC and entitle the Provider to immediately block access to the online course without any entitlement to a refund of amounts already paid.
(5) All copyrights and other statutory rights of the Provider shall remain reserved irrespective of the termination of the right of use. In particular, the Provider reserves the right to take legal action and assert claims for damages in the event of any infringement.
§ 6 Remuneration and Payment Terms
(1) The Customer shall pay the agreed purchase price as displayed on the order page at the time of purchase or as stated in the issued invoice.
(2) Payment is due immediately and must be made in full before access to the online course is granted.
(3) All prices are exclusive of statutory value added tax (VAT), where applicable.
§ 7 Technical Requirements and Availability
(1) Access to the online course is provided through a closed, password-protected online platform. The Customer is responsible for ensuring that the hardware, software and internet connection used meet the minimum technical requirements specified by the Provider.
(2) The Provider shall ensure the ordinary availability of the platform at 98% on an annual average. Periods of necessary maintenance and outages beyond the Provider’s control, in particular force majeure, disruptions of telecommunications networks or the infrastructure of external hosting providers, are excluded.
(3) Temporary impairments to the availability of the online course that only insignificantly affect its use shall not give rise to any claims by the Customer for price reduction, withdrawal or damages. In the event of significant impairments for which the Provider is responsible, the access period shall be extended appropriately.
(4) The Customer shall notify the Provider without undue delay of any disruptions affecting access to the online course and shall reasonably cooperate in the analysis and resolution of such disruptions.
§ 8 Disclaimer of Liability and Warranty
(1) The Provider gives no guarantee or assurance regarding the Customer’s sales, profits, business success or other economic results resulting from the use of the online course.
(2) The online course serves exclusively for general information and training. The Provider assumes no liability for decisions made by the Customer on the basis of the course content.
(3) Any warranty claims of the Customer are limited to the provision of the contractually agreed content in reasonable quality. The Provider reserves the right to update or improve the content at any time.
(4) The Provider’s liability for intent and gross negligence remains unaffected. Liability for ordinary negligence is limited to foreseeable damages typical for the contract, unless damage to life, body or health is involved.
§ 9 Distinction from Advisory Services
(1) It is expressly clarified that the online course constitutes a training and information program only and does not constitute legal, tax, financial or individual business advice.
(2) The information provided in the course serves solely for general guidance and does not replace individual professional advice from qualified experts.
(3) The Provider assumes no liability for the accuracy, completeness or timeliness of the information provided unless such inaccuracy results from intent or gross negligence.
§ 10 Influence of Third Parties (Amazon and Other Platforms)
(1) The online course is based in part on third-party platforms and services, in particular Amazon. The Provider has no influence over changes to policies, fees, processes, programs or account suspensions imposed by such platforms.
(2) Changes made by third-party platforms do not give rise to any liability of the Provider and do not entitle the Customer to a price reduction or withdrawal from the contract.
(3) The Provider endeavors to keep the course content up to date but does not guarantee that it will always correspond to the current requirements and conditions of third-party platforms.
§ 11 Affiliate Links and Recommendations
(1) The Provider informs the Customer that it may receive affiliate commissions for certain recommended products, services or software solutions.
(2) This does not influence the quality or objectivity of the recommendations. The Provider recommends only products and services that it considers useful and of high quality.
§ 12 Marketing Statements and Success Claims
(1) Any examples of revenue, profits, business growth or other economic results presented in advertising materials, the online course or other publications of the Provider are for illustration and motivation only. They do not constitute a legal guarantee or assurance of specific results.
(2) The Customer’s actual business success depends on numerous factors beyond the Provider’s control, including market conditions, competition, pricing, product selection, the Customer’s own efforts and compliance with platform rules. The Provider therefore assumes no liability for the Customer achieving any particular revenue, profit or other economic result.
(3) The Customer remains solely responsible for all entrepreneurial decisions. The online course does not replace individual legal, tax, financial or business advice.
§ 13 Suspension of Access in Case of Violations
(1) If the Customer breaches the Terms of Use, in particular by sharing, reproducing, publishing or making unauthorized use of the course content, the Provider shall be entitled to block access to the online course immediately without prior notice.
(2) In such case, the Customer shall not be entitled to any refund of amounts already paid.
(3) This shall not affect any other rights of the Provider, including intellectual property rights and the right to take legal action and claim damages.
§ 14 Confidentiality
(1) The Customer shall treat all confidential information obtained through the online course, in particular trade secrets, methods and strategies, as strictly confidential.
(2) Any disclosure of such information to third parties is prohibited without the Provider’s prior written consent.
(3) The confidentiality obligations shall remain in effect even after termination of this Agreement.
§ 15 Data Protection
(1) The Provider collects, processes and uses the Customer’s personal data in accordance with the GDPR and the German Federal Data Protection Act (BDSG).
(2) Controller: Mazen Saleh, Kirchenstraße 1, 22767 Hamburg, Germany. E-mail: support@mazenprofit.com.
(3) Personal data is processed for the performance of the Agreement, including payment processing, granting access to the online course and communication with the Customer.
(4) The legal basis is Art. 6(1)(b) GDPR.
(5) The Customer has the rights of access, rectification, erasure, restriction, data portability and objection under Articles 15–21 GDPR.
(6) Data will be deleted once no longer required, subject to statutory retention obligations.
(7) Data will not be transferred to third countries unless necessary for payment processing.
(8) The Customer may contact the Provider regarding data protection and has the right to lodge a complaint with the competent supervisory authority under Art. 77 GDPR.
§ 16 Dispute Resolution
(1) The Parties shall first seek to resolve any disputes arising out of or in connection with this Agreement amicably.
(2) This shall not affect either Party’s right to bring proceedings before the competent courts.
§ 17 Final Provisions
(1) Any amendments or supplements to this Agreement shall require text form. This shall also apply to any amendment of this text-form requirement.
(2) Should any provision of this Agreement be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The Parties shall replace the invalid provision with a valid provision that most closely reflects its economic purpose.
(3) The place of performance and jurisdiction shall be Hamburg where the Customer is a merchant, a legal entity under public law, or has no general place of jurisdiction in Germany.
(4) This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(5) This Agreement shall enter into force upon granting the Customer access to the online course.
(6) In the event of discrepancies, ambiguities or conflicts between the German, English and Arabic versions of this Agreement, the German version shall prevail and be legally binding.
