Terms & Conditions E-Commerce (AGB Webshop)
Platform Ownership and Data-Processing Notice
This virtual learning platform is owned, technically operated, and supervised by KIERO Solutions Verein, Switzerland (https://kiero.ch
). KIERO Solutions acts as the service provider and technological operator of the virtual German courses.
Personal Data Management. KIERO Solutions Verein is the contractual provider. As a rule, KIERO does not access or store identifiable personal data beyond what is strictly necessary to operate accounts, billing, and course delivery. Where KIERO engages infrastructure partners, any datasets shared for technical purposes are anonymized or pseudonymized so that no record includes names, IDs, contact details, payment credentials, or other direct identifiers. Processing is carried out under Swiss law (revDSG/FADP 2023). Some technical processing may occur outside the EU/EEA; by using this platform you acknowledge and accept such cross-border processing. Where EU GDPR applies by its own terms, KIERO will honor applicable mandatory provisions without prejudice to the primacy of Swiss law in these Terms.
1\. Purpose
These Terms set out the conditions governing the purchase, enrollment, access, delivery, and use of virtual German language courses (“Courses”) offered 100% online by KIERO Solutions Verein (“KIERO”, “we”, “us”), including academic, operational, commercial, technological, service, and compliance provisions applicable to Students and/or Purchasers.
2\. Scope
These Terms form the contractual basis for virtual German language training only. Specific course pages, campaigns, bundles, promotions, or add-ons may include additional terms; if a conflict arises, the course-specific term prevails for that course only; otherwise these Terms govern.
3\. Definitions
3.1 Student/Beneficiary: Natural person enrolled in one or more virtual German Courses who meets the admission profile and uses the services.
3.2 Purchaser/Holder/Contracting Party: Payer responsible for fees; may or may not be the Student.
3.3 Virtual Course: A structured German program delivered online via synchronous (live instructor) and/or asynchronous (self-paced platform) methods.
3.4 CPV 100% Online: Private or corporate virtual services delivered exclusively via live online sessions.
3.5 CPV 50/50: Service combining 50% asynchronous self-study on KIERO’s designated platform and 50% live sessions.
3.6 Group e-learning: Cohort-based virtual courses with substantial autonomous content.
3.7 Short Courses: Targeted German courses with nominal duration under one month.
3.8 Academic Induction Letter: Document describing access instructions, academic progression, and Student responsibilities.
3.9 Channels: support@kiero.ch
(customer service), payments@kiero.ch
(billing), tech@kiero.ch
(technical support), platform help widgets shown in your course interface.
3.10 Manual/Offline Payment: Bank transfer or cash deposit to a KIERO-designated account, validated by proof of payment and bank posting.
3.11 Workload/Intensity: Minimum recommended weekly hours for live classes and platform study stated on the course page.
3.12 Certificate: Document issued upon fulfilling the academic/administrative requirements defined herein and on the course page.
3.13 Requests/Complaints: Any service request or complaint handled under Section 4.7.
3.14 Platform: The LMS and communication tools designated by KIERO.
4\. Activities / Development
4.1 Introduction
These Terms apply to every contract concluded by KIERO Solutions Verein for virtual German language services. They are an integral part of the contract. Purchase, enrollment, or access constitutes acceptance.
4.1.1 Condition for Validity (Forms + Payment)
Enrollment, platform access, and class participation are valid only if: (a) all required enrollment forms and fields are completed truthfully and correctly, including identity and contact details; and (b) full payment is received and confirmed by KIERO. This applies to card/wallet payments and Manual/Offline Payments. Manual/Offline Payments are deemed received only upon KIERO’s written/electronic confirmation after validating your proof and bank posting. If forms are inaccurate/incomplete or payment is unconfirmed, KIERO may deny, suspend, or cancel access without liability until remedied; expiries continue to run.
4.2 Virtual Course Service (General Rules)
4.2.1 One-time change of level/track within German may be requested during the term, subject to academic approval and availability.
4.2.2 One-time change of Beneficiary may be requested, subject to eligibility and administrative feasibility; balances/expiries/contract dates remain unless expressly adjusted.
4.2.3 Expiration and use: no classes can be scheduled after contract expiry. If live hours remain, KIERO may, at its discretion (non-contractual courtesy), offer an extension-by-update upon payment of 50% of the value of the remaining hours to complete pending content only.
4.2.4 Academic adjustments: KIERO may adjust content, sequencing, or resources while preserving contracted hours and equivalent quality.
4.2.5 Placement/Reclassification: KIERO may administer a placement test to confirm or reassign level. Reclassification does not alter prices, deadlines, or due dates.
4.2.6 Code of conduct: By enrolling, the Student accepts KIERO’s digital conduct rules provided during induction.
4.2.7 Minimum age: Generally 13+; if under 18, a parent/guardian must accept these Terms and complete enrollment.
4.2.8 Digital materials/licences: Certain third-party materials (e.g., workbooks) may be licensed for one (1) year from activation; reactivation requires a new code if available.
4.2.9 Online delivery only: No in-person services or physical premises are provided.
4.2.10 Scheduling & cancellations: Subject to availability. Recommended: 3–5 live sessions/week scheduled at least one day in advance. Student may cancel without penalty ≥3 hours before the session via the official mechanism; otherwise the class is deemed delivered and time deducted.
4.2.11 Timetables: Flexible blocks per course page; specific slots depend on availability.
4.2.12 Instructor rotation may occur; a fixed instructor is not guaranteed.
4.2.13 Evaluation: Programs include an evaluation scheme aligned to learning outcomes; Students must meet academic requirements to pass or receive certificates.
4.2.14 Technology: Student ensures stable internet, compatible device, working camera/mic. KIERO is not liable for issues caused by the Student’s connectivity or equipment.
4.3 Private/Corporate (CPV) – German Only
4.3.1 Language: German only.
4.3.2 Modalities: CPV 100% Online (live) and CPV 50/50 (platform + live).
4.3.3 Individual/Group options per purchased package; level homogeneity required for groups.
4.3.4 Placement tests may be required to form groups.
4.3.5 Use period until contractual expiry (see induction letter); continuation may incur extra charges as stated therein.
4.3.6 Rescheduling: Private online classes can be canceled/reprogrammed with ≥3 hours notice; otherwise one class hour is counted as used.
4.3.7 Minimum monthly intensity as indicated on the course page (e.g., 16 h/month for 100% online; 12 h/month for 50/50 with mandatory platform progress).
4.3.8 Fixed schedules intended; if changes are needed, KIERO has ≥5 business days to reassign an instructor or propose alternatives.
4.3.9 Payments regardless of attendance: Monthly fees are due as agreed; extra live hours beyond the included intensity are billed at the applicable unit price.
4.3.10 50/50 platform progress: Mandatory; KIERO may suspend live sessions until sufficient progress is shown.
4.3.11 Platform access windows: Access is per level; reactivation after expiry may have a cost.
4.3.12 Materials: Where included, materials are provided prior to each level if payments are current and the prior level is approved; loss/replacement incurs a fee.
4.3.13 Self-study duty: Asynchronous exercises are mandatory; live sessions alone do not guarantee outcomes.
4.3.14 Instructor assignment is at KIERO’s discretion, considering language needs, schedules, and purchased service; reassignment may occur.
4.3.15 Schedule changes can be agreed; instructor changes requested by either party allow ≥5 business days for reassignment.
4.3.16 Certification (if included) requires meeting academic thresholds (e.g., attendance and grade criteria defined for the course).
4.3.17 Minors: Participation by minors requires parental/guardian supervision as indicated by the Holder.
4.3.18 Monthly confirmation of delivered hours: The Holder must confirm the monthly log within 2 days; no objection implies acceptance.
4.3.19 Tools/connectivity: The Holder is responsible for class tools; KIERO is held harmless from unintentional issues arising therefrom.
4.3.20 Contact details: For class operations, instructors may receive Student contact details (email/mobile) solely for scheduling and follow-up.
4.4 Online Platform Usage
4.4.1 Permitted use: Academic use for KIERO’s German courses only.
4.4.2 Profile data: Keep personal data accurate; if under 18, register a guardian email for parental controls.
4.4.3 Credentials: Personal and non-transferable; sharing is prohibited.
4.4.4 Live sessions occur within the platform; complementary video tools may be integrated.
4.4.5 Technical requirements: Meet the published device/network specs.
4.4.6 Contact updates: Keep contact details current.
4.4.7 Live-class etiquette: Join on time, use your real name, keep a respectful tone; chat for academic purposes only; report irregularities to coordination.
4.4.8 Virtual classroom: The instructor controls camera/mic use for attendance and activities.
4.4.9 Recordings: Group live sessions may be recorded for academic control and quality; time-limited playback may be offered.
4.4.10 One-time group change (cohort courses): Possible as an exceptional measure, subject to academic progress, financial standing, active enrollment and validity; expiry does not change.
4.4.11 Escalation path & contacts: Academics: academics@kiero.ch
| Program mgmt: programs@kiero.ch
| Certificates/assistance: certificates@kiero.ch
| Tech support: tech@kiero.ch
| Customer service: support@kiero.ch
| Payments: payments@kiero.ch
.
4.5 Economic–Commercial Conditions
4.5.1 Prices & promotions: Listed on KIERO’s site/store or via authorized advisors. Promotions may change without prior notice; prior purchases are unaffected.
4.5.2 Website offers: Features/prices take effect upon publication; no price protection or exchange-rate protection; campaign terms are shown on the offer page.
**4.5.3 Payment Methods (incl. Stripe).** Fees are payable in full per the service agreement, irrespective of attendance or platform access. KIERO accepts payments via enabled card/wallet gateways **including Stripe** (credit/debit cards, Apple Pay/Google Pay where available) and **Manual/Offline Payments** (bank transfer/cash deposit to KIERO-designated accounts). Payments through non-indicated channels are at the payer’s risk and may not be recognized.
For **Manual/Offline Payments**, the Holder must email proof to **payments@kiero.ch** within the instructed deadline.
When paying via **Stripe**, you authorize KIERO to transmit to Stripe—and you authorize **Stripe Payments Europe, Ltd.** and its affiliates/sub-processors to process—transactional data necessary to complete the payment (see **Stripe Notice** below).
4.5.4 Withdrawals/Dropouts: If a Student cannot continue for reasons not attributable to KIERO, no refund applies unless a voluntary KIERO policy is expressly offered on the course page. KIERO may, at its discretion, allow assignment to another Beneficiary or apply an early-termination fee if specified in the course contract, without prejudice to mandatory Swiss consumer rules.
4.5.5 Starting level responsibility: The Student is responsible for the starting level. KIERO provides a placement test; waiving it implies a beginner starting point.
4.5.6 Consumer information (Switzerland): Switzerland does not grant a general statutory right of withdrawal for distance sales. Nevertheless, KIERO may grant a voluntary 5-business-day withdrawal provided the Course has not substantially started (e.g., not more than 10% delivered/consumed). Refunds (if applicable) are processed within 30 calendar days after validation. Card-scheme chargebacks follow the respective scheme rules. Gateway fees and FX differences are non-refundable unless dictated by mandatory law.
4.5.7 Purchase acceptance: Each purchase is recorded with payment, enrollment form, and (if applicable) a service agreement. Checkout or written/electronic acceptance constitutes an electronic signature and acceptance of these Terms.
4.5.8 Stripe Notice (Payments & Data Processing). KIERO uses Stripe to process card and wallet payments. For this purpose, Stripe acts as an independent controller (or, where applicable, a processor for KIERO) for certain activities related to fraud prevention, risk scoring, compliance, and settlement. By choosing a Stripe method at checkout, you authorize KIERO to provide Stripe with the following categories of data, and you consent to Stripe’s processing under its own terms and privacy notice:
(a) Identity & contact: name, email, billing/shipping details, phone (if provided);
(b) Transaction & device: order ID, items/amounts, currency, IP address, user agent, device identifiers, locale, and risk signals;
(c) Payment instrument: tokenized card/wallet identifiers, last 4 digits, card brand/type, expiry (KIERO does not store full PAN/CVV);
(d) Anti-fraud & compliance: chargeback history, risk flags, and metadata required by scheme rules or sanctions/AML screening where applicable.
Stripe may perform cross-border transfers (including to the EEA/US and other jurisdictions) using safeguards recognized under Swiss FADP (and, where applicable, GDPR). Stripe is PCI-DSS compliant and may retain limited transaction data to meet legal, regulatory, and scheme obligations. Your rights and choices regarding data processed by Stripe are governed by Stripe’s own privacy notice and terms. If you do not agree, please select a different available payment method (e.g., Manual/Offline Payment).
4.6 Collections (Switzerland)
4.6.1 Definitions: Debtor (Holder), Delinquency (late payment), Collection management (follow-up to achieve timely payment), Collection expenses (operational costs), Legal fees (external counsel/collection agency), Promissory note (if used), Data processing policy (KIERO Privacy Notice).
4.6.2 Stages:
(a) Administrative: preventive reminders pre-due date; from day 1 late, internal reminders by email/SMS/call/letter.
(b) Pre-legal: if unpaid after a reasonable grace period, the case may be transferred to external collection partners; collection expenses may be charged within reasonable and proportionate limits.
(c) Legal: if persuasive measures fail, KIERO may initiate proceedings under the Swiss Debt Enforcement and Bankruptcy Act (SchKG/LP).
4.6.3 Contact methods: calls/emails/SMS/letters/notifications; where lawful and proportionate, contact of references for location purposes.
4.6.4 Payments during collection: via enabled gateways or Manual/Offline Payment to KIERO’s designated accounts; send proof to payments@kiero.ch
4.7 Customer Service (Requests/Complaints)
Channels: support@kiero.ch
(customer service) | payments@kiero.ch
(billing) | tech@kiero.ch
(technical).
Service hours: Mon–Fri 08:00–18:00, Sat 08:00–16:00 (CET/CEST).
Response time: We aim to reply within 15 business days. If a request is incomplete, we may ask for completion within a reasonable period; absent completion, the case may be closed.
4.8 Intellectual Property
All course content (program design, platforms, trademarks, logos, images, videos, texts, graphics, frameworks, audio/video files and any associated elements) is owned by KIERO Solutions Verein or its licensors. Any reproduction, publication, distribution, translation, sale, adaptation, or exploitation—in whole or in part and by any means—is prohibited without prior written authorization. No exploitation rights are granted.
4.9 Certificates, Attendance & Assessments
Certificates (if included) require: (a) meeting attendance/completion requirements; (b) achieving academic thresholds; (c) being current on all payments; and (d) identity verification where required. KIERO does not guarantee outcomes in external exams (e.g., Goethe, TestDaF) or third-party recognition.
4.10 Service Changes, Rescheduling & Force Majeure
KIERO may adjust session times, instructors, virtual rooms, or platform features for academic/operational reasons while preserving academic equivalence. In force majeure (outages, cyber-incidents, disasters, regulatory orders), services may be postponed; reasonable equivalent alternatives will be offered where feasible; timelines may be reasonably extended.
4.11 Student Conduct & Sanctions
Disruptive, discriminatory, abusive, unlawful, or unsafe conduct in live sessions, forums, or platform features is prohibited. Violations may lead to warnings, temporary suspension, or termination without refund in serious/repeated cases. Academic integrity rules apply.
4.12 Privacy & Recordings (Swiss FADP)
Personal data is processed in accordance with the Swiss Federal Act on Data Protection (revDSG/FADP, 2023) and its ordinances, for enrollment, billing, academic management, platform access, support, analytics, and legal compliance. Group sessions may be recorded for academic control and quality assurance. The applicable KIERO Privacy Notice describes purposes, legal bases, disclosures, retention, and rights (access, rectification, deletion where applicable, and objection/consent withdrawal). Some processing or technical storage may occur outside Switzerland/EU/EEA with adequate safeguards.
Payment Processing via Stripe. For card/wallet payments, KIERO integrates Stripe. KIERO transmits to Stripe only the minimum data required to execute the transaction and mitigate fraud. Stripe may combine such data with information from its services to perform risk evaluation, authorization, settlement, refunds, and chargeback handling under card-scheme rules.
Legal Bases (FADP). Processing for payments is necessary to perform the contract (Art. 31 revDSG), for overriding private interests in secure operations and fraud prevention, and to comply with legal duties (e.g., financial recordkeeping).
International Transfers. Some processing may occur outside Switzerland/EU/EEA. KIERO and Stripe apply adequate safeguards (e.g., contractual clauses, technical measures) consistent with Swiss FADP.
Your Permissions. By selecting a Stripe method, you permit KIERO to share the data listed in 4.5.8 with Stripe and acknowledge that Stripe processes it under its own controller responsibilities for parts of the flow (fraud, compliance, scheme requirements). You may exercise data rights concerning Stripe-controlled data directly with Stripe; for KIERO-controlled data, contact support@kiero.ch
4.13 Warranties & Liability
Courses are provided “as is/as available.” KIERO does not warrant uninterrupted service, universal device compatibility, or specific learning outcomes. To the extent permitted by Swiss law, KIERO’s total liability for any claim relating to a Course is limited to the amount actually paid for that Course.
4.14 Governing Law & Jurisdiction
These Terms are governed exclusively by Swiss substantive law, to the exclusion of its conflict-of-laws rules and the UN CISG. Exclusive forum: the competent courts at Thun, Canton Bern, Switzerland. This is without prejudice to any non-waivable consumer forum rights under Swiss law, where applicable.
4.15 Acceptance & Electronic Signature
Purchase, enrollment, platform access, or attendance—including confirmation of Manual/Offline Payments—constitutes the Holder’s electronic signature and full acceptance of these Terms. The most recently published version on our site supersedes prior versions.
4.16 Final Reiteration of Validity Condition
No enrollment is perfected, and no access enabled, unless and until all required forms are correctly completed and full payment is received and confirmed by KIERO. For Manual/Offline Payments, only KIERO’s confirmation after validation perfects enrollment.
Refund Policy E-Commerce Deutschkurse
Virtual German Courses
1\. Right of Withdrawal (Voluntary KIERO Policy)
1.1. Legal Framework (Switzerland)
Under Swiss law (Obligationenrecht / Code of Obligations, “CO”), there is no statutory general right of withdrawal (“Widerrufsrecht”) for online purchases of digital services unless expressly provided contractually.
Therefore, KIERO Solutions Verein (“KIERO”) grants a voluntary withdrawal option, subject exclusively to the conditions defined in this Policy.
1.2. What Is the Right of Withdrawal?
The voluntary right of withdrawal allows a Purchaser or Student to cancel the contract for a virtual German-course service within a limited period, provided the Course has not substantially begun.
Upon valid withdrawal:
- The contract is cancelled.
- KIERO refunds the fee paid, minus any non-refundable gateway fees (e.g., Stripe fees), unless prohibited by mandatory law.
1.3. When Does the Right of Withdrawal Apply?
- The KIERO voluntary withdrawal policy applies only to:
- Purchases of virtual German courses made online through the KIERO platform, AND
- Cases where less than 10% of the Course has been accessed or delivered (including live sessions or platform content).
1.4. Deadline to Exercise the Right of Withdrawal
The withdrawal period is:
- Five (5) business days from the date of purchase AND only if the Course has not substantially started.
- If more than 10% of the Course has been consumed, the withdrawal right expires.
1.5. Conditions When Exercising Withdrawal
i. You must submit the request within five (5) business days of purchase.
ii. KIERO refunds the full amount paid except for:
Non-refundable payment-gateway fees (Stripe/card and exchange fees)
Exchange-rate differences (if applicable)
iii. Refunds will be processed within 30 calendar days of KIERO confirming eligibility.
iv. Refunds are made only to the original payment method or to a Swiss/European bank account designated by the Purchaser.
v. Withdrawal is not available for:
- Packages already partially consumed (>10%)
- Completed courses
- Personalized schedules where instructor hours were already reserved and delivered
- Services already performed with explicit Student consent
1.6. Exceptions (No Withdrawal Possible)
The voluntary withdrawal does not apply to:
i. Services already started with clear Student consent.
ii. Fully personalized or custom-scheduled private programs with delivered sessions.
iii. Digital products or materials already activated or downloaded.
iv. Courses purchased during limited-time flash promotions explicitly labeled “non-refundable.”
v. Cases where the Student prevented delivery (missed sessions without cancellation).
1.7. Procedure to Exercise the Right of Withdrawal
To exercise withdrawal, contact KIERO via any customer-service channel:
- Email: support@kiero.ch
- Payments: payments@kiero.ch
- WhatsApp (if available on the site)
KIERO will assign a case number and confirm eligibility.
Refunds (if applicable) will be processed within 30 days after confirmation.
2\. Payment Reversal & Chargebacks (Switzerland)
2.1. Legal Framework (Switzerland)
Switzerland does not follow the Colombian “payment reversal” regime.
Instead, KIERO follows:
- Swiss contract law (OR/CO)
- Card-scheme rules (Visa, Mastercard, Amex, etc.)
- Stripe dispute and chargeback procedures
- Bank transfer rules applicable in Switzerland and the EU
Payment disputes involving fraud, non-delivery, or technical error are handled under:
- KIERO’s internal review process,
- Stripe’s dispute mechanisms,
- The rules of the issuing bank.
2.2. Valid Causes for Payment Dispute (Swiss Context)
You may request a payment dispute investigation if:
- You were a victim of fraud.
- The transaction was unauthorized.
- The service was not received due to a KIERO system failure.
- The service delivered was materially different from what was offered.
- You exercised KIERO’s voluntary withdrawal within the permitted timeframe.
2.3. Conditions to Request a Payment Dispute or Chargeback
To initiate a dispute:
- The purchase must have been made by electronic means (card, wallet, Stripe).
- You must notify KIERO within five (5) business days after discovering the issue.
You must provide:
- Your ID
- Order number
- Description of the issue
- Relevant screenshots or evidence
Disputes involving card payments must also be filed with your card-issuing bank following their rules.
2.4. Procedure
- Notify KIERO at:
support@kiero.chor payments@kiero.chInclude all relevant evidence.
- KIERO will open an internal investigation and respond within 15 business days.
- For card payments: You must also contact your bank or Stripe (via your bank) if you wish to initiate a chargeback under card-scheme rules.
- If approved, KIERO will refund the amount within 15 business days after all required information is submitted.