Terms and Conditions
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud. By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by German Online Gym in its sole discretion. If membership has been revoked, German Online Gym reserves the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
11. Third-Party Services. We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Annex 1 to Article 246 § 2 Section 3 Clause 1 of the Introductory Act to the German Civil Code (EGBGB)
Notice of revocation rights
You can revoke your contractual statement within [14 days] (1) without indicating reasons in text form (e.g. letter, fax, e-mail) [or – if the item is delivered to you before expiry of the time limit – also by returning the item ] (2). The deadline takes effect on receipt of this notice in text form (3). Timely dispatch of revocation [or the item] is sufficient to observe the revocation deadline. Revocations are to be submitted to: (4)
Revocation consequences (5)
In the event of a valid revocation, the performance delivered by either party is to be returned and the proceeds of any utilization (e.g. interest) submitted. (6) If you cannot submit / return the received performance and benefits (e.g. utilization benefits) to us, or submit / return them only partially or in a deteriorated condition, you need to compensate us to the required extent. (7) [You must pay compensation for degraded items only insofar as the deterioration is due to handling of the items beyond testing of properties and functionality. (8) "Testing of properties and functionality" is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance. (9) Items which can be dispatched in packages are to be returned at our [expense and] (10) risk. Items which cannot be dispatched in packages will be fetched from your premises.] (2) Payment obligations must be fulfilled within 30 days. The time limit becomes effective on dispatch of your revocation notice [or the item] (2) for you, and on its receipt for us.
(Location), (date) (consumer’s signature) (14)
Notes on composition
(1) If the revocation notice is provided not by contract conclusion at the latest, but only afterward, the supplement in brackets must read "one month". In this case, composition note 9 also applies if the reference provided there is not issued in text form by contract conclusion at the latest. In the case of contracts on distance sales, a revocation notice issued in text form immediately after contract conclusion is equivalent to one issued on contract conclusion if the entrepreneur has informed the consumer as per Article 246 § 1 Section 1 Number 10 EGBGB.
(2) The supplement in brackets does not apply to performances not involving provision of items.
(3) In any of the special cases mentioned next, the following must be inserted:
a) In the case of contracts to be concluded in writing: ", but not before a contractual document, or your written request, or a duplicate of either of these has also been made available to you";
(b) In the case of distance sales contracts (§ 312b Section 1 Clause 1 of the German Civil Code (BGB)) concerning:
aa) Delivery of goods: ", but not before receipt of the goods by the recipient (not before receipt of the first partial delivery in the case of recurrent supply of similar goods), nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB";
bb) Provision of services other than payment services: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB";
cc) Provision of payment services:
aaa) In the case of framework agreements on payment services: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Section 1 Numbers 8 to 12, Section 2 Numbers 2, 4 and 8, as well as Article 248 § 4 Section 1 EGBGB";
bbb) In the case of instruments for small amounts in the sense of § 675i Section 1 BGB: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with Section 1 Numbers 8 to 12, Section 2 Numbers 2, 4 and 8, as well as Article 248 § 11 Section 1 EGBGB";
ccc) In the case of single payment contracts: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Section 1 Numbers 8 to 12, Section 2 Numbers 2, 4 and 8 as well as Article 248 § 13, Sec. 1 EGBGB";
(c) In the case of contracts forming part of e-commerce (§ 312g Section 1 Clause 1 BGB): ", but not before fulfilment of our obligations as per § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB";
(d) In the case of trial purchases (§ 454 BGB): "; but not before the sales contract has become binding through your endorsement of the purchased item";
If notice is served for a contract falling under several of the special cases mentioned above (for example, a distance sales contract for the supply of goods in e-commerce), the respective supplements must be combined (in this example, as follows: "; but not before receipt of the goods by the recipient [not before receipt of the first partial delivery in the case of recurrent supply of similar goods], nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB, as well as our obligations as per § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB"). If supplements to be combined are linguistically identical, their wording need not be repeated.
(4) Ingo Depner, Albert-Einstein-Str. 26, 84478 Waldkraiburg, Germany.
(5) This section may be omitted if the mutual performances are rendered only after expiry of the revocation deadline. The same applies if a reversal does not come into consideration (e.g. collection of a guarantee).
(6) If a fee for toleration of overdraft within the meaning of section § 505 BGB has been agreed, the following must be inserted here:
"If you overdraw your account without having been granted related approval, or exceed the overdraft scope granted to you, we may not demand any compensation of costs or interest from you beyond repayment of the overdraft or excess amount, if we have not informed you duly about the conditions and consequences of the overdraft or transgression (e.g. applicable interest on debt, costs)."
(7) In the case of distance sales contracts for services, the following sentence must be added:
"This may oblige you to nonetheless fulfil the contractual payment obligations for the period up to revocation."
(8) In the case of distance sales contracts for the supply of goods, the previously added sentence must be replaced by the following sentence: "You must pay compensation for degraded items and derived benefits only insofar as the benefits or deteriorations are due to handling of the items beyond testing of properties and functionality."
(9) If a reference concerning the obligation to compensate lost value as per § 357 Section 3 Clause 1 BGB is not issued in text form by contract conclusion at the latest, the two preceding sentences must be replaced by the following supplement: "You need not pay any compensation for deterioration caused by usage of the item for the intended purposes." In the case of distance sales contracts, a note provided in text form immediately after contract conclusion is equivalent to a note provided on contract conclusion, if the entrepreneur has informed the consumer in time, prior to issue of their contractual declaration, about the obligation for compensation of lost value in a manner appropriate for the employed means of telecommunication .
In the case of distance sales contracts for the supply of goods, the following must be added:
"You must pay compensation for derived benefits only insofar as you have used the goods in a manner that goes beyond testing of properties and functionality. "Testing of properties and functionality" is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance.
(10) If the consumer has agreed to bear shipping costs according to § 357 Section 2 Clause 3 BGB, the addition in brackets can be omitted. Instead, the following must be inserted after "to be returned at our [expense and] (10) risk."
"You have to bear the regular costs of return if the delivered goods correspond to the order, and if the price of the goods to be returned does not exceed 40 EUR or, in case of a higher item price, if you had provided no consideration or contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you."
(11) In the case of revocation rights as per § 312d, Section 1 BGB, applicable to distance sales contracts for provision of services, the following reference must be included:
"Your revocation right expires prematurely if the contract has been completely fulfilled by both parties at your explicit request before you exercise your revocation right."
(12) The following note for financed transactions can be omitted if there is no associated deal:
"If you finance this contract through a loan and revoke it later, you are no longer bound to the loan contract either, if both contracts form a single economic unit. This can be assumed, in particular, if we are your lender or if your lender is enabling the financing with the help of our cooperation. If the loan has already been received by us once the revocation takes effect or the goods are returned, your lender, as concerns the legal consequences of the revocation or return in relation to you, assumes our rights and obligations arising from the financed contract. The latter does not apply if the present contract’s object is the purchase of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid contractual binding as far as possible, make use of your right of revocation, and also revoke the loan contract if you have this additional right to withdrawal."
In the case of financed acquisition of a plot of land or an equivalent right, Sentence 2 of the afore-mentioned note must be changed as follows:
"This is to be assumed only if the parties to both contracts are identical or, if in addition to providing loans, the lender promotes your real-estate transaction through interaction with the seller by wholly or partly taking over their sales interests, or their functions in planning, advertising or project implementation, or by unilaterally favouring the seller."
(13) The following note for distance sales contracts for financial services can be omitted in an absence of any additional distance sales contract for services:
"On revocation of this distance sales contract for financial services, you are also no longer bound to any additional distance sales contract, if this contract’s object is a further service provided by us or a third party on the basis of an agreement between us and the third party."
(14) The location, date and signature strip can be omitted. In this case, these details must be replaced either by the words "End of revocation notice" or by the words "Your (insert: entrepreneur’s company)".
Quelle: Widerrufsbelehrung – twigg.de