§ 1 Scope (1) These general terms and conditions apply to all contracts concluded between us, including by telephone (e.g. Skype, Zoom, telephone): Bojan Besinger, Heideloffstrasse 20, 90478 Nuremberg and you as our customer on our programs and services. The terms and conditions only apply if you are a consumer.
(2) All agreements made between you and us in connection with the contract result in particular from these terms and conditions, our written order confirmation, if applicable, and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly contradict the inclusion.
§ 2 subject matter of the contract
(1) We offer our customers the provision of web-based consulting and coaching services in the areas of table tennis, mental training and increased athletic performance. The advisory services are standardized or individualized, depending on your booking. The respective service description results directly from our offers.
(2) We do not owe any specific success beyond the provision of the services booked by the customer. The booking of our services is mostly made using means of distance communication, but is not limited to this.
(3) Unless otherwise expressly agreed in writing, we do not owe the performance of a work. In particular, we can only forecast the success of certain measures and programs on the basis of existing empirical values.
(4) With regard to the content of a coaching, service and / or consulting contract entered into with us, we have the right to determine the performance in accordance with Section 315 of the German Civil Code (BGB).
§ 3 conclusion of contract
(1) The presentation and promotion of our services on our websites, brochures or within advertisements (for example on Facebook) does not constitute a binding offer to conclude a contract with us.
(2) The contract between us and the customer can be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer is not entitled to receive the contents of the contract from us again in writing, unless otherwise agreed. If the contract is concluded by telephone, you can correct your information at any time by simply notifying the person you are talking to.
(3) Contracts between us and the customer are concluded by telephone by means of corresponding declarations of intent.
(4) We will immediately confirm the receipt of your orders placed via email, our website / video chat by email. Such an e-mail does not yet constitute a binding acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt. In the case of a video chat, our declaration of acceptance may already be given directly in conversation with you.
(5) Should it not be possible to perform the services you have ordered, for example for technical reasons, we will refrain from making a declaration of acceptance. In this case, a contract will not be concluded. We will inform you about this immediately and, if necessary, immediately reimburse you for any consideration already received.
(6) The contract language is German or English.
(7) The offer / contract text will not be saved by us after the contract has been concluded and consequently cannot be accessed by the customer. Exceptions apply to a contract concluded by telephone via video chat, provided we save the recording. We will inform you about this separately if necessary.
8) When booking an online training program, there is a 14-day right of withdrawal.
If it is agreed that the training plan should be created immediately, the right of withdrawal does not apply, as the entire service is provided directly.
9) There is no right of withdrawal for on-site events, such as training camps.
§ 4 delivery / service conditions
(1) We are entitled to partial provision of our services, provided this is reasonable for you or corresponds to the purpose of the contract.
(2) The duration of coaching or consulting services is agreed individually with the customer.
§ 5 Prices, terms of payment, SEPA direct debit, invoice
(1) All price information communicated to you are gross prices including the statutory sales tax. There are no shipping costs.
(2) The provider is entitled to commission a third party company based within the EU (e.g. Copecart) to process the payment to the customer,
(3) Payment for our services is due in full when the contract is concluded, unless the individual contractual agreement with the customer is otherwise.
(4) You can choose to transfer the price owed to one of our specified accounts or give us a (SEPA) direct debit authorization. If a (SEPA) direct debit authorization has been issued, we will arrange for your account to be debited when the due date is due.
(5) If you choose the SEPA direct debit payment method, you are obliged to send us a written SEPA direct debit mandate signed by you immediately after the order has been placed. In this respect, the sample in the attachment is to be used.
(6) The customer receives an invoice for the booked services.
7) If an installment payment fails, we are entitled to demand the full invoice amount from the customer.
§ 6 rights of use
(1) Unless otherwise agreed, you have no right to use our course materials (videos, eBooks, PDFs, etc.) until our remuneration has been paid in full. Duplication and / or passing on to third parties is only permitted with prior express approval.
(2) We have copyrights to all images, films and texts that are published on our website. Use of the images, films and texts is not permitted without our express consent and will be prosecuted by us under civil and criminal law if they are violated.
§ 7 Warranty
(1) We are liable for material or legal defects of the delivered articles according to the applicable legal regulations, in particular §§ 434 ff. BGB - as far as relevant. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items apply in addition to claims for material or legal defects within the meaning of Paragraph 1 enclosed.
§ 8 Behavior and Consideration
(1) The customer is obliged to take our interests into account when submitting ratings and comments on social media. In particular, the customer may not publish / disseminate any untrue statements of fact or defamatory criticism about us and our programs.
(2) If the customer participates in our communities and groups (e.g. on Facebook), he is obliged to protect our interests there as well. We are entitled to temporarily or permanently exclude the customer from participating in communities and groups should the customer harm or impair our interests within the group / community (for example through statements that are detrimental to business).
§ 9 liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases - unless otherwise stipulated in Paragraph 3 - we are only liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which you as the customer can regularly rely (so-called cardinal obligation), limited to the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in Paragraph 3.
(3) Our liability for damage resulting from injury to life, limb or health and in accordance with the Product Liability Act remains unaffected by the above limitations and exclusions of liability. § 10 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) Dispute settlement: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
General terms and conditions as of 02/02/2021
Translated with Google Translator from German to English.
No guarantee for the correctness of the translation!