Informationen zur Online-Streitbeilegung
Die EU-Kommission stellt im Internet unter folgendem Link eine Plattform zur Online-Streitbeilegung bereit: http://ec.europa.eu/consumers/odr
Diese Plattform dient als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten aus Online-Kauf- oder Dienstleistungsverträgen, an denen ein Verbraucher beteiligt ist.
General Terms and Conditions of the Timo Boll Webcoach Portal
Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Timo Boll Webcoach GbR, Albertshäuser Straße 6, 97234 Fuchsstadt (hereinafter "Provider"), apply to all contracts for the provision of subscriptions and/or packages that a consumer (hereinafter "Customer") concludes with the Provider with regard to the contents displayed by the Provider in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
Conclusion of contract
2.1 The product descriptions contained in the provider's online shop do not constitute binding offers on the part of the provider, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the provider's online shop. After placing the selected goods and/or services in the virtual shopping basket and having gone through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 When booking via the website http://www.timoboll-webcoach.com, the customer can return to the website where the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him after checking his details. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer.
2.4 The provider can accept the offer of the customer,
- by sending the customer an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, and/or
- by making the ordered goods available to the customer, whereby the receipt of the goods by the customer is decisive in this respect.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the Supplier does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.5 If the payment method "PayPal Express" is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method for the online order process, he also places a payment order with PayPal by clicking the button that completes the order process. In this case, the provider declares his acceptance of the customer's offer at the moment when the customer triggers the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the provider's online order form, the text of the contract is stored by the provider and sent to the customer in text form (e-mail) after sending his order together with these General Terms and Conditions. In addition, the contract text is archived on the provider's website and can be called up free of charge by the customer via his password-protected customer account stating the corresponding login data, provided that the customer has created a customer account in the provider's online shop before sending his order.
2.7 Before placing a binding order via the provider's online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Orders are usually processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or third parties commissioned by the provider to process the order can be delivered.
Right of revocation
3.1 After purchasing a subscription or package, the customer has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the buyer has received the confirmation e-mail and the instruction about the right of revocation. The right of withdrawal expires in contracts for the supply of data not on a physical data carrier which are produced and made available in digital form (digital content), if the consumer has expressly agreed before execution of the contract that the provider begins with the execution of the contract before expiry of the withdrawal period and has confirmed his knowledge that he loses his right of withdrawal by his consent with the beginning of the execution of the contract.
3.2 When purchasing a premium product for a service (chat, personal coaching, video analysis), the customer has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the buyer has received the confirmation e-mail and the instruction about the right of revocation. The right of withdrawal expires in the case of a contract for the provision of services even if the trader has provided the service in full and has only begun to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfilment of the contract by the trader. In the case of an off-premises contract, the consumer's consent must be transmitted on a durable medium.
3.3 To exercise your right of withdrawal, you must inform us (Timo Boll Webcoach GbR, Albertshäuser Straße 6, 97234 Fuchsstadt, info@timoboll-webcoach.com) by means of a clear declaration (e.g. a letter sent by post, or e-mail) of your decision to withdraw from this contract.
3.4 If you withdraw from a contract, we shall reimburse you immediately and at the latest within fourteen days from the day we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
3.5 Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back.)
An[Timo Boll Webcoach GbR, Albertshäuser Straße 6, 97234 Fuchsstadt, info@timoboll-webcoach.com]
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following product (*)/ the provision of the following service (*)
Ordered on (*)/Date on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if communicated on paper)
date
(*) Delete as applicable
End of the revocation instruction
Prices and terms of payment
4.1 Unless otherwise stated in the product description of the supplier, the prices quoted are total prices which include the statutory value-added tax.
4.2 The customer will be informed of the payment option(s) in the provider's online shop (see payment options).
4.3 If payment is made by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
Shipping & Returns
5.1 The product (subscriptions/package) is made available to the buyer directly after payment processing on his portal.
5.2 For purchases of premium products (chat and personal coaching), the confirmation e-mail is sent directly after receipt of payment. The customer will receive the mail to make an appointment within the next 24 hours.
5.3 If the customer is prevented by the agreed date of a premium product, he must inform the provider of this at least 24 hours before the date in writing or by e-mail to info@timoboll-webcoach.com In this case an alternative date can be arranged once. If the customer is also unable to comply with this, the customer's claim lapses.
5.4 The buyer can cancel a subscription or package at any time at the end of the agreed term. The timely sending of the cancellation in the member area of www.timoboll-webcoach.com or by e-mail to info@timoboll-webcoach.com. is sufficient for this. If the cancellation does not take place at the end of the agreed term, the subscription or package will be renewed for the agreed term. The right to extraordinary termination on both sides remains unaffected.
5.5 All contents on www.timoboll-webcoach.com are protected by copyright. A passing on of contents or the access data to www.timoboll-webcoach.com is forbidden and is pursued in the context of the civil and criminal law possibilities.
Adherence
The provider is liable to the customer from all contractual, contract-like and legal, also tortious claims for damages and reimbursement of expenses as follows:
6.1 The provider is liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise agreed,
- due to mandatory liability, such as under the Product Liability Act.
6.2 If the provider negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless liability is unlimited according to the above paragraph. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
6.3 Any other liability on the part of the provider is excluded. In particular, it is pointed out that the customer himself is responsible for the correct and safe implementation of the exercises and training units shown in the products provided by the seller. Before starting the training, we also recommend consulting a physician who confirms the medical suitability of the provider's products with regard to the physical performance of the customer.
6.4 The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
Redemption of promotion vouchers
7.1 Vouchers which are issued free of charge by the Provider within the framework of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter "promotion vouchers") can only be redeemed in the Online Shop of the Provider and only within the specified period.
7.2 Individual products can be excluded from the voucher action, provided that a corresponding restriction results from the contents of the promotion voucher.
7.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
7.4 It is not possible to redeem several promotion vouchers for one order.
7.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the provider.
7.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the provider can be selected to pay the difference.
7.7 The credit balance of a promotion voucher is neither paid out in cash nor interest.
7.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
7.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The provider is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
Applicable Law
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. This choice of law applies to consumers only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.